NYS WCB recently offers proposed Schedule Loss of Use Guidelines pursuant to 2017 Legislation Reform.
In April 2017, Governor Andrew M. Cuomo signed into law the 2017-2018 Executive Budget, which contained several significant pieces of workers’ compensation reform designed to protect workers while also achieving savings for businesses. Included in the reforms was Workers’ Compensation Law (WCL) § 15(3)(x), which requires new Permanency Impairment Guidelines (“Guidelines”) to be adopted by January 1, 2018. The new Guidelines cover determinations of permanency under WCL § 15(3)(a) through (v), which are also known as scheduled loss of use.
NYS WCB increases maximum weekly benefit rate to $870.61 for injuries effective 7/1/17.
The maximum weekly benefit rate for workers’ compensation claimants is two-thirds of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor (Workers’ Compensation Law §§ 2(16);15(6)).
The Department of Labor reported to the Superintendent of the Department of Financial Services that the New York State average weekly wage for 2016 was $1,305.92. Accordingly, the maximum weekly benefit rate is $870.61 for compensable lost time for workers’ compensation claims with dates of accident during the period from July 1, 2017 through June 30, 2018.
NYS enacts Workers’ Compensation Reform addressing classification benefits, requiring updates to guidelines and requiring the Board to adopt a prescription drug formulary.
The 2017-2018 executive budget (Part NNN of Chapter 59, Laws of 2017), enacted effective April 10, 2017, includes meaningful workers’ compensation reforms that generate cost savings for employers while providing better protections for injured workers. The reform legislation also requires updates to medical guidelines that reflect advances in modern medicine and requires the Board to adopt a prescription drug formulary by the end of the year. Click here for an overview of the key pieces of the reform legislation.