News & Articles

New Budget Contains Workers’ Compensation Reforms in New York

Last night New York’s State Senate passed the Budget and associated bills. Senate Bill S2009C contains many changes to the New York Workers’ Compensation Law.

Good for employers and carriers:

  1. Temporary disability benefits are limited to 2.5 years, after which payments of temp are credited to permanency. Source: Part NNN, Subpart A. (Of course, this is subject to exceptions, which we will discuss in the training).
  2. Simplifying the drug formulary. The bill requires the creation of a simple formulary, listing the medications which can be dispensed and are pre approved. The MTGs already list drugs – this may simply the review of medications prescribed. Source; Part NNN, Subpart C.
  3. Changes to the Disability Duration Guidelines & Scheduled Loss of Use findings. The Guidelines are used to determine the nature and extent of permanent residual disability in New York. The procedures for determining Schedule Loss of Use injuries will be reevaluated.

Bad for Employers:

  1. Permanent partially disabled claimants will no longer have to establish that they have not “voluntarily removed” themselves from the workforce to remain eligible for ongoing partial disability benefits. Source: Part NNN, Subpart A.
  2. Lowering the “safety net” from 80% partial disability to 75% disabled in order to qualify for extended permanent disability benefits when the initial allocation expires. Source: Part NNN, Subpart A, S2, 3.

How will this affect you?

Join our live training on Wednesday (https://attendee.gotowebinar.com/register/7412506454627418882) for a preview of how these new laws will change the practice in New York:
1:00 EST Session 
(Button above not working?) Live training link to copy into your browser: https://attendee.gotowebinar.com/register/7412506454627418882 or click here.
Presented by: Greg Lois, 1PM EST Wednesday, April 12, 2017.

Download the New York Workers’ Compensation Law Handbook

Download Our New York Workers’ Compensation Law Handbook

The 2023 edition of Greg Lois’ practical, up-to-date, and easy-to-understand guide to workers’ compensation claims in New York.

This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers.

Download Now

New York Workers’ Compensation Defense at Lois Law Firm

We represent insurance carriers, self-insured employers, third party claim administrators, and employers before the New York State Workers' Compensation Board. We handle cases from cradle-to-grave. We want to be by your side, moving cases aggressively to closure from the start of litigation all the way through to settlement.

We only assign one attorney and one paralegal to each case. This means that your team members always have one contact to go to for any questions. We do not have 'hearing attorney' or a 'negotiation attorney' or 'appeal department' or anything else! All of our attorneys handle all of those roles – meaning cases are not 'passed around' as they move through the litigation process. Your risk professional or adjuster always knows who is assigned – because the attorney does not change.

Learn More

Get articles delivered to your inbox, once a month.

Subscribe Today!