New York: Governor signs bill to allow lump sum of permanent partial disability payments

Employees in New York can now receive their workers' compensation benefits for permanent partial disabilities in a lump sum.

The new law will clear up a legal issue involving a 2007 New York State Workers' Compensation Board decision. In that decision, the board approved the payment of loss of use awards in a lump sum if requested by the injured employee, rather than the incremental pay structure which was in effect. However, that decision was reversed by the New York State Court of Appeals in LaCroix v. Syracuse Executive Air Service. The court ruled that the board's policy contravened the language of the state's workers' comp law and that any departure from the periodic method of payment of schedule loss of use awards must come from the Legislature.

Read more at the WORKERSCOMP Forum^TM homepage.

Sub-subcontractor's employee not entitled to coverage from contractor (02/25/13)
NFL seeks to seal the deal against players filing in California (04/19/12)
Company's failure to pay premium results in liability for worker's injury (12/19/11)
Medicaid's payment, write-off erase employer's liability to worker (03/12/12)
Insurer's de facto denial of symptom doesn't trigger penalties, fees (02/06/12)

September 28, 2009

Newsletter Sign-up