A few days after a workers’ comp hearing, a Notice of Decision arrives in the mail. It is full of dates, weekly rates and dollar amounts, and when you add them up the total can look like a lot of money. Many injured workers call us expecting a check for that total. Most of the time, that is not what is coming. Here is how to read a Notice of Decision and figure out what you will actually receive.
The short answer
- The awards on a Notice of Decision are not a check. They are a record of what you are owed for each period of time.
- Most of that money has usually been paid already, in your weekly checks. The award is paid “less payments already made.”
- You only get a lump sum for periods the carrier did not pay, or paid at too low a rate. If every week was paid, nothing new is owed.
- “Carrier to continue payments,” or CCP, means your weekly checks keep coming at the rate shown. A “tentative rate” is ongoing weekly pay, not money owed in a lump sum.
- Many decisions pay nothing new at all. They put on the record what the carrier already paid, which still protects you, because an awarded payment generally cannot be stopped without the Board.
- Your attorney’s fee is approved by the judge and is paid out of your benefits, not on top of them.
An example Notice of Decision
Here is the award section of a typical Notice of Decision. The names, dates and amounts are made up, but the layout is exactly what the Board sends.
| Weeks | From | To | Rate per week | The sum of |
|---|---|---|---|---|
| 16.6 | 6/2/2025 | 9/27/2025 | $350.00 | $5,810.00 |
| Temporary partial disability | ||||
| 9.0 | 12/1/2025 | 2/2/2026 | $350.00 | $3,150.00 |
| Temporary partial disability | ||||
| 20.2 | 4/20/2026 | 9/8/2026 | $350.00 | $7,070.00 |
| Temporary partial disability | ||||
| 1.2 | 9/8/2026 | 9/16/2026 | $350.00 | $420.00 |
| Tentative rate |
Below the awards, the decision says “Carrier to continue payments at $350.00 tentative rate” and approves an attorney’s fee of $100 “as lien on above award.”
Add up the right-hand column and you get $16,450. That is the number people fix on. In this example, the injured worker will not receive a single new dollar from it.
Line by line: what it really means
“Less payments already made”
Look at the sentence right above the awards: the carrier is directed to pay these awards “less payments already made.” If the carrier was already sending you $350 a week for a period, the award for that period simply confirms those payments. Nothing more is owed for it.
In our example, the carrier started sending weekly checks of $350 shortly after the accident, more than a year before this hearing, and paid every one of these periods as it went. So every award on this decision was already paid, week by week. The hearing did not create any new money. It put on the record what the carrier had already paid.
A lump sum shows up only when the carrier did not pay for a period, for example because it denied the claim at first, or paid at a lower rate than the judge set. If the carrier underpaid, you receive the difference. If it paid in full, you receive nothing extra.
Why it still matters
A decision that pays nothing new is still important. Before a judge makes an award, a carrier that is paying voluntarily can stop or cut your checks on its own, for example after an independent medical exam. Once the payments are awarded and the carrier is directed to continue them, it generally has to ask the Board before it can stop or reduce them. See when the carrier cuts your checks after an IME.
The tentative rate and “CCP”
The last line, marked “tentative rate,” covers the most recent week or so, and the decision tells the carrier to keep paying $350 a week going forward. That direction, “carrier to continue payments,” is known as CCP, and you will hear lawyers and judges use the abbreviation all the time. CCP is your ongoing weekly check, not a lump sum. It is called tentative because the rate can still change, for example once your average weekly wage is finalized or your degree of disability changes.
The attorney’s fee
A New York workers’ comp lawyer cannot charge you directly. The judge decides the fee, and it is a lien on the award, paid by the carrier by separate check. In our example the judge approved a $100 fee. The fee is not more money coming to you; it is paid out of your benefits, not on top of them. If we don’t recover money for you, we don’t get paid.
Gaps between the dates
Notice that the periods do not run continuously. There is no award between late September and December, or between February and April. Gaps usually mean you were working, the medical reports for that time did not support a disability, or that time is still unresolved. A gap is worth asking your lawyer about, because it can mean money that has not been decided yet.
“Temporary partial” and changes coming
“Temporary partial disability” means the Board found you could do some work, so you are paid less than the full two-thirds of your wage. A decision may also direct a future change, such as “carrier to increase payments to temporary total upon receipt of operative report” after surgery. That increase applies going forward once the condition is met. It is not paid on top of the awards above.
“No further action is planned by the Board at this time”
This sentence worries people. It does not mean your case is closed. It means no hearing is scheduled right now because nothing is in dispute. Your weekly payments and medical treatment continue, and a hearing can be requested when an issue comes up.
Other names on the copy list
The last page lists everyone who received a copy. Besides you, the carrier and your lawyer, you may see a third-party administrator that handles claims for the carrier, or your health insurer’s subrogation department. A health insurer is usually there because it paid medical bills for the injury and wants the comp carrier to reimburse it. That is between the insurers, and it is generally not taken out of your weekly benefits.
If there is a lump sum, what can reduce it
- Wages or sick time your employer paid during the period. Your employer may be reimbursed from the award for that time. See getting your sick time back.
- New York disability (DB) benefits you received while the claim was disputed. The disability carrier can be repaid from the comp award for the same weeks.
- Reduced earnings. If you were working part of the time, the award may be at a reduced rate.
When the money should arrive
The carrier has 10 days to pay an award, unless it appeals. If it pays late, the Board can add a penalty of 20 percent of the unpaid amount, payable to you. Ongoing weekly payments must be made within 25 days of coming due, or the carrier owes an extra 20 percent plus $300. If the past-due money has not arrived within a few weeks of the decision, tell your lawyer. See how long workers’ comp takes to start paying and penalties when the carrier pays late.
How to check your own Notice of Decision
- Find the line that says “less payments already made.” Every award is subject to it.
- Match each award period to your pay stubs or bank deposits. Mark which weeks you were already paid for, and at what rate.
- Multiply the unpaid weeks by the rate. That is roughly what is still owed.
- Subtract the approved attorney’s fee, if there is one, and any reimbursement to your employer or a disability carrier.
- Note the tentative rate. That is your weekly check going forward.
- Call your lawyer about any gap in the dates or any number that does not match.
Frequently asked questions
Will I get all the money listed on my Notice of Decision?
Usually not. The awards are paid “less payments already made,” so any weeks the carrier already paid are only confirmed, not paid again. If the carrier paid every week, the decision may not pay you anything new. You receive a lump sum only for weeks that were never paid or were paid at too low a rate.
Why does my Notice of Decision list awards if I was already paid?
The decision puts the carrier’s payments on the record as awards. That matters: once payments are awarded and the carrier is directed to continue them, it generally has to ask the Board before it can stop or reduce your checks.
What does “less payments already made” mean?
It means the carrier subtracts what it already paid you for those same weeks. If you were receiving weekly checks during the award period, little or nothing extra is owed for that period.
What is a tentative rate on a Notice of Decision?
It is the weekly rate the carrier is told to keep paying going forward while some issues, such as your average weekly wage or degree of disability, are still being decided. It is ongoing weekly pay, not a lump sum.
What does CCP mean on a workers’ comp decision?
CCP stands for “carrier to continue payments.” It means the insurance carrier must keep sending your weekly checks at the rate in the decision. It is ongoing weekly pay, not a lump sum.
How is my lawyer paid from a Notice of Decision?
The judge approves the fee as a lien on the award, and the carrier pays it by separate check out of your benefits. A New York workers’ comp lawyer cannot charge you directly.
Does “no further action is planned” mean my case is closed?
No. It means no hearing is scheduled right now. Your weekly payments and medical treatment continue, and a hearing can be requested if an issue comes up.
Talk to a New York workers’ compensation attorney
The Law Offices of Frank J. Dito, Jr. handles workers’ compensation claims from the office on Staten Island, for injured workers throughout the five boroughs and across New York State. If you have a Notice of Decision you do not understand, call us and we will go through it with you.
Call 718.701.2776 or 800.310.5520. Consultations are free. If we don’t recover money for you, we don’t get paid.
