Temporary 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, …

November 25, 2019 Disability Benefits

Incarceration Upon Conviction of a Felony and its Effects on Attachment to the Labor Market

Attachment to the labor market is an important issue among employers and carriers. By pushing this issue, we can attempt to reduce indemnity costs and aid in the claimant’s return to work. Generally, a claimant who is temporarily partially disabled must show that he or she is attached to the labor market to be entitled to workers’ compensation benefits. The claimant need only seek employment within his or her restrictions, provided by the treating physician, and for a position for which he or she is …

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 …

April 17, 2017 New York

New York’s 2017 Workers’ Compensation Reforms: What They REALLY Mean for Employers and Carriers

When New York’s 2017 budget recently passed — bringing some significant changes to the state’s Workers’ Compensation Law with it — a great deal of misinformation as to how those changes would impact employers and insurers followed in its wake.

Importantly, the passage of reforms as part of the budget did not include Senate Bills S4014, S4554, S4520, or S4345. Rather, changes were made as part of the budget bill S2009, and they are substantially different from these prior bills.

Goldberg Segalla’s Workers’ Compensation team …