Legislative Update

The NYWCA has drafted a bill to remedy many of the problems with the current Workers' Compensation situation. We are pleased to announce that the WCA’s legislation now has both an Assembly sponsor and a Senate sponsor. The respective bill numbers are  A-7045 and S-5302.

Highlights of A-7045/S-5302
Workers Compensation Legislation
Proposed by the New York Workers’ Compensation Alliance 

  • Amends Section 15:
    • To include a presumption of Perm Total for those on SSDI as a result of the injury or inability to perform sedentary work.
    • Defines Temporary Total, as inability to perform the job, in which injured, or a job offered by employer that has been modified to meet the abilities of the injured worker.
  • Amends Section 20 to provide for a HEARING in every case.
  • Eliminates the conciliation provisions in Section 25 and provides that no case may be closed without a hearing or written stipulation and requires a stenographic record.
  • Amends Section 35 (Safety Net) to apply to cases with a 50% LWEC and defines extreme Hardship and codifies Return to Work Programs.


A Summary of A-7045/S-5302
Workers Compensation Legislation

  • Amends Section 11 to allow a separate civil action where injury results from a violation of a statue or regulation or where cap on PPD benefits has been reached.
  • Eliminates Section 12: The waiting period to receive weekly wage loss payment.
  • Amends Section 13:
    • To define the committee to determine fee schedules.
    • Fixes the problem of claimant’s doctor being treated as an IME.
    • Increases threshold level to 2k before prior approval needed.
    • Provides that preapproved procedures cannot to be used to deny treatment.
    • Allows Health Care providers to pursue fee disputes.
  • Amends Section 15:
    • To include a presumption of Perm Total for those on SSDI as a result of the injury or inability to perform sedentary work.
    • Defines Temporary Total, as inability to perform the job, in which injured, or a job offered by employer that has been modified to meet the abilities of the injured worker.
    • Increases facial awards to maximum of 30K.
    • Provides that SLU Shall, instead of May, be proportionate to loss of use.
    • Reduces threshold from 50% SLU to 40% SLU to make application for additional compensation.
    • Allows schedules to be paid with PPD.
    • In death cases removing the provision that pays only funeral expenses in no dependent cases. The estate would be paid value of case.
    • To provide shorter protracted healing periods to reflect the advancement in medical care.
    • To Defines Temporary Earning Capacity.
    • Fixes the disparity of the increase in Max rate from 3/13/2007 to 7/1/2007 and indexes the minimum rate to one-sixth of the NYS AWW.
    • Provides for a cost of living increase in Permanent Total Cases.
  • Amends Section 16 to remove penalty for remarriage.
  • Adds new Section 17 to insure Translation for those with limited English.
  • Amends Section 18 by placing the burden of showing prejudice, by reason of late notice, on the employer.
  • Amends Section 20 to provide for a HEARING in Every case.
  • Amends Section 24 to provide for a schedule of attorney fees; with provisions for a fee in a medical only case.
  • Eliminates the conciliation provisions in Section 25 and provides that no case may be closed without a hearing or written stipulation and requires a stenographic record.
  • Amends Section 29 to limit the right of subrogation and recovery in 3rd party actions to monies for lost wages and medical expenses.
  • Amends Section 35 (Safety Net) to apply to cases with a 50% LWEC and defines extreme Hardship and codifies Return to Work Programs.
  • Amends Section 59 to impose real financial data requirements on the carriers.
  • Amends Section 112-a to provide for audits of all employers by all carriers,
  • Amends Section 117 to prohibit the Board from using subject numbers to interpret or apply the law.
  • Strengthens Section 120:
    • To provide for a meaning full remedy for injured workers who suffer retaliation for making a claim.
    • Clarifies that IME are examination on behalf of the employer or carrier and ensures that treating doctors or consultants to injured workers are not treated as IMEs.