LOWEC Archives - Workers' Compensation Defense

Taher and Effect on Permanency Awards for Claimants with Both Schedulable and Classifiable Conditions

The New York State Supreme Court Appellate Division recently decided the case of Taher v. Yiota Taxi, Inc., in which it addressed the specific situation where a claimant is classified with a permanent partial disability and designated with a loss of wage earnings capacity (LWEC), but has both classifiable and schedulable conditions. The court has determined that a claimant may ultimately receive a schedule loss of use award (SLU) even if they are classified.

Previously, it has been the practice of the Board to …

October 16, 2017 LOWEC / New York

It’s Possible to Avoid Total Industrial Findings When Claimants Have a High Impairment Rating

Recent Board Panel decisions are providing guidance for employers to successfully avoid a total industrial finding when addressing Loss of Wage Earning Capacity. Indeed, there does not appear to be any basis under the law for an administrative law judge to find a total industrial disability. In Town of Fenton, Case Nos. G0501597, 90502069, G0087246, 2015 WL 7067972, at *6 (N.Y. Work. Comp. Bd. Nov. 5, 2015), the Board Panel noted “that the claimant’s request for a 100 percent loss of wage earning capacity …

April 3, 2017 LOWEC

Should Adjusters Consider Using Vocational Reports to Achieve Better Loss of Wage Earning Capacity Findings?

A hot topic at many workers’ compensation hearing locations is permanency: When will it become ripe? What evidence needs to be produced by the parties? How can we ensure the law judge will make a reasonable decision regarding loss of wage earning capacity? This is when the use of vocational reports comes into play.

In simple terms, loss of wage earning capacity (LOWEC) is the reduction in an injured workers’ earning power due to a work related injury or disease. LOWEC is determined by the …