loss of wage earning Archives - Workers' Compensation Defense

February 24, 2020 Disability Benefits

Using the Labor Market Attachment Defense to Your Advantage During a LWEC Trial

Under Workers’ Compensation Law Section 15(3), if a claimant has a permanent impairment to a non-schedule site, then the claimant is compensated for his or her actual loss of wage earning capacity (LWEC) caused by the disability. This stage in workers’ compensation litigation is known as classification. During the LWEC trial, the law judge not only considers a claimant’s permanent medical impairment but also vocational factors such as age, education, language ability, work history, and transferrable skills that may mitigate or aggravate the percentage of …

March 14, 2019 Medical Expenses / New York

New York Workers’ Compensation Full Board Issues Decision Regarding WCL Section 15(3)(w) and the Classification Caps

The New York State Workers’ Compensation Board recently issued a decision in Matter of Jacobi Med. Ctr., No. 00825967, 2019 WL 645558 (N.Y. Work. Comp. Bd. Feb. 11, 2019) ruling that a claimant is only entitled to benefits for the duration of the capped period, regardless of surgeries subsequent to the time of classification.

In this case, the claimant was classified pursuant to a February 8, 2012 decision at a 50 percent loss of wage earning capacity, entitling the claimant to 300 weeks of …