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NY: WCB Posts New Reimbursement Rates for Inpatient Hospital Care

ALBANY, NY - The New York State Workers' Compensation Board has released Subject No. 046-423, New Inpatient Reimbursement Rates: The workers' compensation fee schedule for inpatient hospital care automatically tracks New York Medicaid rates, as determined by the New York State Department of...

NY: Benefits Denied to Worker Who Claimed Customer Yelling Caused Hearing Loss

NEW YORK, NY - In a ruling last month, the Supreme Court of New York, Appellate Division, Third Department, reversed a decision of the Workers' Compensation Board, which had ruled that the claimant, who held various customer-related positions between 1987 and her retirement in 2005, had a 20.4% schedule...

NY: State Bar Assoc. Announces Opposition to "Managed Adjudication Path" Program

Proposed Workers Compensation Board Initiative Would Limit Due Process Hearing Rights of Workers and Employers ALBANY, NY - The New York State Bar Association on Wednesday announced its opposition to the Managed Adjudication Path (MAP) program currently being proposed by the New York State Workers'...

NY: Insurance Dept. to Hold Public Hearing on Proposed Workers' Comp Insurance Loss Cost Increase

NEW YORK, NY - The New York State Insurance Department has scheduled a public hearing for Wednesday, June 23, to consider the application of the New York Compensation Insurance Rating Board (NYCIRB) for a workers' compensation loss cost increase of 7.7 percent. The approved loss cost is used by workers'...

NY: Task Force Recommends Termination of Group Self-Insurance Program

ALBANY, NY - The New York Task Force on Group Self-Insurance has submitted its June 2010 report to the Governor and Legislature, recommending that legislation be prepared to terminate the group self-insurance program effective December 31, 2010 and to provide alternative coverage options, this in light...

New York Workers' Compensation in Review 2009-2010

This past year the workers’ compensation system in New York has been struggling to put into practice various of the procedural and substantive reforms mandated by the 2007 Workers’ Compensation Reform Legislation enacted on March 13, 2007, as well as a number of initiatives instituted without...

NY: Hearing Held on Proposed Settlement in WTC Litigation

NEW YORK , NY - Parties to the settlement reached among the WTC Captive Insurance Company (the "WTC Captive"), the City of New York , the contractors the City hired, their subcontractors, and attorneys for over 10,000 plaintiffs alleging injuries from the WTC site operations addressed Judge...

NY: Deal Reached on Labor Regulations for Nannies, Domestic Workers

ALBANY, NY - New York Daily News reports that state lawmakers and the Governor reached an agreement yesterday on new regulations for nannies and domestic workers, who will now get paid overtime and be eligible for unemployment insurance, workers' compensation, and temporary disability benefits as...

NY: Legislature Passes Construction Worker Misclassification Bill

ALBANY, NY - The New York Legislature has passed S5847, which would crack down on misclassification of workers in the construction industry. The bill has been sent to the Governor. Search for the bill here (by entering S5847) State Senator George Onorato ( D-Queens ), the chairman of the Senate...

NY: Court Unanimously Affirms Aggregate Trust Fund Deposit Provision in Workers' Comp Law

A key provision in the 2007 workers' compensation reforms was the requirement that the private carriers make a deposit into the Aggregate Trust Fund in all cases in which a claimant was classified as having a permanent partial disability, if such classification took place on or after July 1, 2007...

NYSIF Announces Release of 2009 Annual Report

New York State Insurance Fund Chief Deputy Executive Director Francine James announced the release of NYSIF’s 2009 annual report, celebrating 95 years of service as a self-sustaining insurance carrier and uninterrupted source of workers’ compensation and disability benefits insurance for...

NY: WCB Publishes Proposed Regulations Adopting Medical Treatment Guidelines

ALBANY, NY - The New York State Workers' Compensation Board has published Subject No. 046-435, which states: On June 30, 2010, the Workers' Compensation Board published proposed regulations that would make the revised medical treatment guidelines ("Guidelines") mandatory for providers...

New York ATF Deposit Requirement Upheld

One of the keys provisions in the 2007 workers' compensation reform bill was the requirement that the private carriers make a deposit into the Aggregate Trust Fund in all cases where a claimant was classified as having a permanent partial disability, if the classification took place on or after July...

NY: Health Provider Notices Now Available As Printable Electronic Files

New York , NY (CompNewsNetwork) - Parties of interest in workers' compensation cases may download a printable electronic file for notices and other Board correspondence instead of receiving such notices by mail. This practice reduces Board costs (and corresponding employer assessments) and is more...

NY: WCB Introduces Revised Form for Access to Files

ALBANY , NY - The Board is introducing a revised form (OC-110AORD) to request access to individual workers' compensation claim information when one is not a party of interest. The form can be submitted electronically, by mail, or in person. Read more Source: New York State Workers’ Compensation...

NY: Insurance Dept. Approves 7.7% Increase in Workers' Comp Loss Costs

NEW YORK, NY - The New York Workers' Compensation Insurance Rating Board says the New York State Insurance Department has approve the Board's request for an average 7.7% increase in workers' compensation loss costs, effective October 1, 2010. Source: NYCIRB

NY: Queens Contractor Caught in Alleged Comp. Fraud

New York State Insurance Fund Chief Deputy Executive Director Francine James today announced the arrest of a Queens contractor on grand larceny and workers’ compensation fraud charges for allegedly defrauding NYSIF of more than $150,000 in uncollected premium. Investigators from Queens District...

NYSIF Announces Recommendation of Medical Provider Network for Claims

New York State Insurance Fund Chief Deputy Executive Director Francine James announced that NYSIF has begun offering a Recommendation of Care (ROC) program for the treatment of workers’ compensation claimant injuries through a medical provider network. “Medical fees are a primary cost...

NY: WCRI Finds Baseline For Evaluating The Impact Of 2007 NY Reforms

Cambridge, MA (CompNewsNetwork) - New York enacted major reforms in March 2007. This study reports trends for claims from 2003 through 2007, with experience through March 2008. Because some of the reform provisions were at least partially implemented in 2007 and 2008, for certain metrics this study begins...

New York’s Evidence-Based Treatment & Settlement Guidelines: Part I. Disability Duration Guidelines

By Theodore Ronca, Esq., Aquebogue, NY, and Rebecca A. Shafer, Esq., Hartford, CT There are two sets of workers compensation guidelines set to be used in NY. We will discuss the two sets of guidelines, their impact on workers compensation payments and litigation. (Editor’s Note: Part I is...

New York’s Evidence-Based Treatment & Settlement Guidelines: Part II. Treatment Guidelines

By Theodore Ronca, Esq., Aquebogue, NY, and Rebecca A. Shafer, Esq., Hartford, CT There are two sets of workers compensation guidelines set to be used in NY. We will discuss the two sets of guidelines, their impact on workers compensation payments and litigation. (Editor’s Note: Part II is set...

New York Court of Appeals Upholds ATF Deposit on PPD Cases

By Ronald Balter, Esq. More than four years after the legislature enacted mandatory Aggregate Trust Fund deposits in all cases in which a claimant was classified as having a permanent partial disability after July 1, 2007 and involving a private workers' compensation carrier, litigation challenging...

WCRI Releases Annual Study Highlighting Impact of the 2007 Workers’ Compensation Reforms in New York

Introduction In December 2011, the Workers’ Compensation Research Institute [Cambridge, MA] (“WCRI”) published its fourth annual report evaluating the effects of the so-called workers’ compensation “reforms” passed unanimously by the New York Assembly and Senate...

New York Workers’ Comp Stakeholders Continue to Absorb 2007 Reform Changes

During the past year, stakeholders in the workers’ compensation system in New York have continued to absorb legislative and administrative changes initiated by the 2007 reform. Maximum indemnity rates are now indexed to two-thirds of the State Average Weekly Wage. For accidents occurring on or...

Employers and Labor Debate Impact of 2007 New York Reforms: Employers Advocate New Initiatives While Workers Claim Success

By John Stahl, Esq. Two analyses regarding the effectiveness of the 2007 Workers’ Compensation Reform Law (Reforms) in New York State provide a textbook example of how identical statistics can support totally conflicting results. One undisputed conclusion is that the voices of New York employers...