permanent total 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, …

May 13, 2019 New York / Temporary Total Disability (TTD)

Proposed New York State Bill Proposes Sweeping Changes to NYS Workers’ Compensation System

Assemblyman Harry Bronson and State Senator Jessica Ramos have recently introduced Bill A7045 to the NYS Assembly and Senate that proposes sweeping changes to the NYS Workers’ Compensation System. As discussed below, if the bill were to be passed in its present form, it will have an impact on not only injured worker’s rights to potentially pursue a claim against their employer following a work-related injury, but also on how the workers’ compensation claim is handled throughout its duration.

Perhaps one of the most sweeping …

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 …