disability payments Archives - Workers' Compensation Defense

American Patriotism Honored: 9/11 First Responders Receive the Health Benefits They Deserve

On September 11, 2019, some of New York’s greatest heroes were honored as Gov. Cuomo signed legislation to aid first responders who developed a qualifying health condition due to harmful exposure after those dreadful attacks 18 years earlier. This legislation reminds all New Yorkers that while the effects of this horrific day continue to live physically and emotionally within first responders, New York City will continue to connect them to health benefits.

First responders who helped in providing service on September 11 suffered drastic health …

June 24, 2019 Disability Benefits / New York

Credit on SLU Payments and Recovery of a Third-Party Action Lien: Why They Live Together in Perfect Harmony

In New York, Workers’ Compensation Law Section 15(4-a) provides a carrier the right to take a credit against a subsequently determined schedule award for disability payments that have already been received for the same injury. This is relatively common knowledge in the world of workers’ compensation, and this credit is never met with much pushback from claimant’s counsel – unless, of course, a third-party action is involved.

Under Workers’ Compensation Law Section 29, the carrier is permitted both a recovery of benefits previously paid – …