回复：请帮忙有关Small Business Corporation的问题

A)您的會計師所提到的答案可能並不正確，因為依據老貓的了解，workers' compensation insurance 應該包括下列的幾種員工
(A)Apprentices and trainees, as long as the training relates to their jobs.

(B)　Part-time employees and working family members.

(C) Officers and employees of Full Time employees

(D) Sometimes coverage may be extended to them by the governing body of the locality in which they work, or
the volunteer unit itself elects to provide for workers' compensation coverage.

所以您應該為”所有的員工投保”，並不是單一只為全職工作人員投保, 至於您所面對的問題，您應該諮詢一為專業的律師，這不是會計師所能cover的範圍，同時這種問題絕對不是您用"鴕鳥心態"就可以解決的，您應該了解到
(a)對方之所以罰您是因為您過去的情況，還是持續的情況，(也就是說對方並不知道您已經將該公司結束營運，如果是罰您過去的疏失，一般的情況因為您是公司的負責人，您因此需要負擔大部份的責任，(不知道您的公司登記用的是何種方式。
(b)相關的罰則如下
Chapter 635, Laws of 1996, amended the Workers' Compensation Law with respect to the penalties which may be imposed by the Board upon carriers or employers for certain violations. Shown below are the amended penalties, which are effective September 10, 1996 and apply to pending proceedings where no penalty has yet been assessed. The exception is the amendment to Section 25-3(d), which applies only to claims filed after January 1, 1997.

VIOLATION and PENALTY
Section 25-1(d) - Failure of carrier or employer to file a Form C-8, Notice That Payment Of Compensation Has Been Stopped or Modified, within 16 days after compensation has been paid.

$300 - Payable to claimant, [formerly $150, deposited in State Treasury]
Section 25-1(e) - Failure of employer or carrier to pay compensation installment within 25 days after same became due.

20% of compensation then due and an assessment of $300 - Payable to claimant, [formerly assessment was $100, deposited in State Treasury]
Section 25-2(a) - Failure of carrier to file Form C-7, Notice of Controversy, or begin compensation payments within 18 days after disability or within 10 days after knowledge or within 10 days after receipt of notice (Form C-2) by carrier, whichever period is greater.

$300 - Payable to claimant, [formerly $150, deposited in State Treasury]
Section 25-2(c) - Employer or carrier has objected to an award without just cause.

$300 - Payable to claimant, [formerly $150]
Section 25-3(d) - Frivolous adjournment of "expedited case".

$1,000 - Payable to Chair, for deposit in WCB Special Revenue Account, Paid by carrier or by carrier's atty./rep. if not employee of carrier [formerly payable by carrier only]
In addition to the above changes, Section 25-2b(g) [Failure of carrier to make payments required by conciliation decision within 10 days of the date the proposed decision becomes final] was redesignated as Section 25-2b(h).
相關上訴的規定在這裡

Statement of Unresolved Issues
Special Part for Expedited Hearings; New Form C-300.34
Effective November 1, 1997.
Chapter 924 of the Laws of 1990 created Section 25 (3)(d) of the Workers' Compensation Law to establish the concept of special parts for expedited hearings. Under this legislation, any claim in which the issues had not been resolved within two (2) years after being raised before the Board, could be transferred by the WC Law Judge (or upon the motion of one of the parties) to a Special Part for Expedited Hearings. Once the expedited claim had been scheduled for the special part, any request for an adjournment (other than emergency) had to be approved by a Supervising WC Law Judge. A penalty of $1000 could be imposed against the carrier or employer, and a penalty of $500 against a claimant's attorney or licensed representative, for an adjournment request that was deemed frivolous.

Chapter 635 of the Laws of 1996 amended WCL Section 25 (3)(d) with respect to new claims filed on or after January 1, 1997. Under the amended law, in addition to the claims not resolved within two (2) years, the Chair may refer the following types of claims to a Special Expedited Hearing Part:

multiple claims arising from the same accident or occurrence;
claims where all parties agree to the expedited hearing; or
claims where the Chair (or his/her designee) otherwise deems it necessary.
The Chair has delegated this responsibility to the District Administrators. Also, under the amended law, adjournments are allowed for emergency situations and may be granted by the WC Law Judge presiding over the expedited hearing part. In addition, if the employer or carrier is represented by an attorney or licensed representative who is not an employee of the carrier or employer, the attorney or licensed representative is responsible for the payment of any penalty imposed for a frivolous adjournment request.

Whether the claim was filed before or after January 1, 1997, when a case is transferred to the Special Part for Expedited Hearings, each party in interest must, within 20 days after the order of transfer has been made, file with the Board and serve upon all other parties in interest, a concise statement of all unresolved issues, and either a statement that such party is ready for a hearing before a WC Law Judge or a statement detailing what further investigation is necessary and why such investigation has not been completed. Attached new Form C-300.34 is to be used for this filing. Carriers, self-insurers, attorneys and licensed representatives are authorized to reproduce Form C-300.34 in quantities according to their needs. It is to be printed on 8 1/2" X 11", 20lb. white bond on two sides, back-to-back. Attorneys and licensed representatives may also obtain small quantities of this form from the Workers' Compensation Board, Administrative Analysis Office, 111 Livingston Street, Brooklyn NY 11201.

For information on any Board form, contact the Board's Forms Department at [phone] or by e-mail at


所以您應該盡快諮詢律師對於這項判決提出上訴，否則您有可能因為延宕而耽誤了上訴的機會。

所有跟帖： 

• 回复：回复：请帮忙有关Small Business Corporation的问题 -纽约123- ♂ (821 bytes) () 08/28/2006 postreply 11:17:33

• 回复：回复：回复：请帮忙有关Small Business Corporation的问题 -單身老貓- ♂ (1016 bytes) () 08/28/2006 postreply 12:45:25

• 非常感谢你的帮助，我会认真对待。 -纽约123- ♂ (0 bytes) () 08/28/2006 postreply 13:13:32