Tag Archives: Friday F.A.Q.

Friday F.A.Q.: Does Increased Wage Expectancy Apply in Every Case?

No, “Increased Wage Expectancy” does not apply to every New York case. “Increased Wage Expectancy” is a concept in New York Workers’ Compensation cases that allows for enhanced awards reflect future wage loss suffered by workers under the age of 25, who, under normal conditions would be expected to have increases in wages. It is aimed at workers who suffer from a permanent injury that would prevent them from obtaining wage increases in the future.

Per WCL §14(5), “if it be established that the injured employee was under the age of twenty-five when injured, and that under normal conditions his wages would be expected to increase, that fact may be considered in arriving at his average weekly wages”. Generally, except in certain “atypical situations,” a finding of future wage expectancy should be limited to the same or similar employment that the claimant was in at the time of the injury. Matter of Lamiano v. Sousa & Sons, 158 AD2d 818 (1990). Continue reading Friday F.A.Q.: Does Increased Wage Expectancy Apply in Every Case?

Friday F.A.Q: “What is the timeframe for timely payment of an award, and what happens if the payment is late?”

An employer or insurance carrier must issue payment of an award within 10 calendar days of the filing of the decision directing the awards. This timeframe applies to all types of decisions directing awards. These include a Notice of Decision from a hearing, Reserved Decision, Proposed Decision (when it becomes final), Notice of Section 32 Approval, Notice of Stipulated Decision, and a Board Panel Decision.

If the payment is not made within the required timeframe, the employer or carrier will be subject to a penalty, which equals 20% of the unpaid award, plus $50.00. The 20% penalty is paid to claimant or his dependents, and the $50.00 is paid to the state treasury. This is directed by NY WCL §25-3(f).

If the carrier does not issue payment of an installment of ongoing compensation – that is, ongoing weekly benefits – within 25 days of it being due, the penalty is 20% of the amount due, as well as $300, both payable to the claimant. This is directed by NY WCL §25(1)(e). Continue reading Friday F.A.Q: “What is the timeframe for timely payment of an award, and what happens if the payment is late?”