 The
Compensation Connection
Welcome to our quarterly Compensation
Connection e-newsletter. Turn to the
Connection for the latest updates and
information about everything in Workers'
Compensation. From legislative changes
to recent case law, Workers'
Compensation is a constantly evolving
system, and the Connection will help
keep you on the cutting edge.
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July 1st Marks Increase In Maximum Rate
to $739.83
Workers injured after July 1st will now
be entitled to new maximum rate
Pursuant to the Workers' Compensation
Reform of 2007, the maximum weekly
benefit rate for accidents on or after
July 1, 2010 will be $739.83. This
figure represents two-thirds of the
State Average Weekly Wage of $1,109.75.
This annual increase in the rate is the
result of intense lobbying by the
claimant's attorneys and union officials
in New York State. The increase is
not retroactive to accident dates before
July 1, 2010.
Unfortunately, while the legislature
finally recognized the inequity in not
increasing the maximum rate for over ten
years, in doing so they also
imposed severe caps on most extended
disabilities.
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 WCB
Contemplates "Hearingless System"
Would replace hearings with decisions by
untrained examiners
Ignoring unilateral opposition and a
thorough reprimand by the State Senate,
the Workers' Compensation Board (WCB)
rolled out its latest attempt to reduce
the injured worker's entire claim to a
paper decision, denying him/her their
day in court.
In the beginning of 2010, the WCB
introduced its "MAP" program, which in
essence attempted to adjudicate
claimant's issues without judicial
intervention. The WCB's plan instead was
to have conciliators and examiners,
including non-lawyers make binding
decisions on all aspects of an injured
worker's case.
Hearings were held before the Senate,
where testimony was heard from the
claimant's bar, carrier attorneys,
unions and Judges, all of whom felt the
system was unfair and an interference
with an injured worker's statutory right
to a hearing. The Senate joined in
with the testimony and thoroughly
rebuked the WCB for their plan.
Unfortunately, in direct contradiction
to the Senate's warnings, the Board has
continued to try to
interfere with the worker's right to a
hearing.
Read More >
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