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Injured JUTC worker’s compensation in limbo

After two years of haggling, a Jamaica Urban Transit Corporation (JUTC) worker who was severely injured in an accident is still in limbo regarding his insurance settlement.

On Friday bailiffs tried to execute a Supreme Court seizure and sale order on Advantage General Insurance, but the disabled worker's efforts to settle the matter once and for all seem to have again been in vain.   

Marcus Lynch lost his job after being crushed in an collision between two buses and has reportedly been unable to work since.

He took his claim to court against the JUTC and its insurers United General Insurance, now Advantage General Insurance (AGI), where he successfully received an award for compensation of $6.4 million.

His attorney Sean Kinghorne says this money was never paid, forcing him to return to court to compel the insurers to pay the judgement through a seizure and sale order.

After his bailiffs showed up at Advantage General Friday, Mr. Kinghorne's client got a cheque for $7.6 million, including the bailiff's fee.

"We took the matter before the court against Advantage General Insurance. We got an order from the court that they were to pay over the sum some three weeks or so ago but they just didn't pay. We just received information from him that they have finally paid over the judgement and the bailiff fee to him," Mr. Kinghorne said.

But subsequent checks with Advantage revealed that any celebration on the part of Mr. Lynch and his attorney may be premature.

AGI General Counsel, Odia Reid said the company has concerns about the matter, which it inherited from former owners, UGI.

The services of Nunes, Schofeild and Deleon, were retained to review the file and on Friday afternoon, they managed to get a stay of the bailiff's seizure and sale order, just as the bailiff was collecting the cheque.

"The bailiffs came today, simultaneously or concurrently with Mr. Morgan's appearance before the Supreme Court we paid the two cheques over to them with the total amount of the judgement. However minutes after they would have exited our offices we received a fax copy of the order of the Supreme Court putting a stay on those proceedings. So even though Mr. Kinghorne's bailiff received a cheque it cannot be processed," Ms. Reid said.  

The cancelling of the cheque and the stay means Mr. Lynch will have to wait at least 21 days as the matter is returned, once again, to court.                       

 

 

 



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