State News : New York

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.


NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  


Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.


Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.


New York

HAMBERGER & WEISS LLP

  (716) 852-0003

 

2017 New York Workers' Compensation Reform

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SPECIAL ALERT: Workers' Compensation Reform Package Included in 2017 NYS Budget

 

Over the weekend, the Legislature and the Governor reached an agreement on the 2017-2018 New York State Budget. Among the myriad changes to New York State law was a workers’ compensation reform package representing the most significant changes to workers’ compensation practice in New York since the 2007 reforms.

Please click here to read our summary and analysis of the major changes to the New York Workers' Compensation Law created by the 2017-2018 budget.

In brief, the law provides for a number of major changes, including:

  • Eliminating the attachment to the labor market defense for many PPD claimants
  • Allowing carriers and employers a credit on payments made after 130 weeks on the total number of "cap" weeks the claimant is allocated under §15(3)(w) at permanency
  • Requiring the Board to create new impairment guidelines for SLUs by 1/1/18.
  • Directing the Board to develop and administer a prescription drug formulary that includes a "tiered list of high-quality, cost-effective medications that are pre-approved to be prescribed and dispensed, as well as additional non-preferred drugs that can be prescribed with prior approval"
  • Requiring the Board to grant claimants hearings in certain uncontroverted claims where the carrier has not commenced payments
  • Giving the Board broad powers to issue administrative aggregate penalties against carriers and self-insured employers
  • Directing the Board to conduct a study, in consultation with stakeholder representatives, of the current IME system
  • Eliminating a common defense to stress claims for claimants employed as police officers, firefighters, or other types of first responders

Please do not hesitate to contact any one of our attorneys with any questions about these changes to the workers' compensation law.

 

Contact Us

 

Hamberger & Weiss - Buffalo Office
700 Main Place Tower
350 Main Street
Buffalo, NY 14202
716-852-5200
buffalo@hwcomp.com

Hamberger & Weiss - Rochester Office
1 South Washington Street
Suite 500
Rochester, NY 14614
585-262-6390
rochester@hwcomp.com

 

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Hamberger & Weiss
700 Main Place Tower
350 Main Street
Buffalo, NY 14202
         
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