Legislative Updates

2022

Summer 2020

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.

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 3^rd 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.