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New York Workers Compensation Board Issues First Decision on “Caps”

The 2007 New York State Workers Compensation Reform made many changes. One of the most sweeping changes was to limit the number of weeks an injured worker with a permanent partial disability could receive benefits (the Law did raise the weekly benefit rates for the first time in 14 years!).

These so called "caps" have, until today, not been implemented since there has been no guidence on how to detemine an injured workers "loss of wage earning capacity". This case is a first crack at it by the Workers Compensaiton Board. While I admit I do not like a lot of what has been spelled out, the WCB did give it a go and there are some positive as well as negative aspects for injured workers.

You decide!