New York: Governor signs bill to allow lump sum of permanent partial disability payments
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.
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September 28, 2009
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