permanent partial disability Archives - Workers' Compensation Defense

Giving 110 Percent: Apportionment in Classification Claims

Workers’ Compensation Law (WCL) Section 15 outlines the schedules of compensation payable to the claimant upon a determination that the claimant is disabled—permanent total, temporary total, permanent partial, and temporary partial. Specifically, WCL Section 15(3)(w) pertains to claims of permanent partial disability that are not amenable to a schedule loss of use or disfigurement findings, commonly referred to as classification cases or LWEC cases.

Beginning in 2007, the legislature amended the WCL as it pertains to classification cases. Previously, upon a finding of permanent disability, …

October 7, 2019 Disability Benefits / permanent partial disability / Temporary Total Disability (TTD)

Leveraging Compromises in the New York Workers’ Compensation System

Compromises are a vital and frequent part of the workers’ compensation litigation process. However, one should take care to avoid negotiating them out of habit. With two doctors giving irreconcilable opinions, parties will often agree to split benefits straight down the middle in lieu of litigation.

Sometimes, such as when both parties concede partial disability and are within a close margin, this is a helpful way to allay costs of depositions and further court appearances. Often, upon hearing the word “compromise,” a judge will automatically …

August 26, 2019 Connecticut / permanent partial disability / Temporary Total Disability (TTD)

Undocumented Immigrants Lose Out on Benefits

Under the Connecticut workers’ compensation statutes (codified under Title 31), immigrants who are not U.S. citizens enjoy many, but not all, of the same rights as U.S. citizens. The workers’ compensation system affords medical and indemnity benefits to eligible claimants. Within the indemnity category, there are lost time benefits, permanency benefits, and earning impairment benefits. Particularly, this eligibility hinges on whether an individual is documented and can legally work in the United States.

Immigrants that lack citizenship or proper documentation are still eligible for medical …

June 4, 2019 New York / permanent partial disability

The Carriers’ New Tool: Jacobi Medical Center

There are very few concepts under the New York Workers’ Compensation system that are in favor of the employer and carrier. Once a claim is established, employers and carriers have few tools on their side to even the playing field in the claimant-friendly world of workers’ compensation. In appropriate situations, for example, employers and carriers can litigate the issues of labor market attachment, fraud under WCL 114(a), and further causally related disability.

In February 2019, a board panel decided the case of Jacobi Medical Center…

April 22, 2019 Disability Benefits / permanent partial disability / Permanent Total Disability / Schedule Loss of Use

SLU or Not to SLU- That is the Question

Claimants may be entitled to schedule loss of use (SLU) awards for permanent injuries sustained to arms, legs, hands, feet, eyes, fingers, and toes, known as “schedule injuries.” Injuries sustained to the head, neck, and back, known as “nonscheduled injuries,” are typically subject to classification of a permanent partial disability (PPD) or permanent total disability (PTD), based on loss of wage earning capacity. An issue arises when a claimant has injuries to schedule and nonscheduled sites.

In 2018, the New York State Supreme Court Appellate …