What's happening
This bill requires New York's Workers' Compensation Board to adopt impairment guidelines for scheduled loss of use awards based on January 2016 standards.
Why it matters
Restores previous standards. By mandating the use of impairment guidelines from January 2016, the bill seeks to return to an earlier, established framework for determining compensation, which may be seen as more predictable or fair by some stakeholders.
Affects compensation calculations. The scheduled loss of use awards directly impact how much injured workers receive for permanent impairment of specific body parts. Changing the guidelines can lead to higher or lower payouts, affecting both workers and employers financially.
Limits board discretion. This bill requires the Workers' Compensation Board to adopt guidelines “substantially similar” to the 2016 version, reducing the Board’s ability to update or modify impairment standards in response to new medical knowledge or policy priorities.
Responds to stakeholder concerns. The move to codify earlier guidelines likely addresses complaints from labor groups or injured workers about changes made after 2016, reflecting ongoing debates over fairness and adequacy in workers' compensation benefits.
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Who cares
Headline styles
Update Injury Compensation Rules
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Enacting clause stricken
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Set Injury Award Guidelines
In Senate Committee · Labor · Sponsor John A. DeFrancisco
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5977
2017-2018 Regular Sessions
IN ASSEMBLY
February 21, 2017
Introduced by M. of A. WOERNER -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to impairment guidelines for scheduled loss of use awards
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph w of subdivision 3 of section 15 of the workers' compensation law is relettered paragraph x and a new paragraph w is added to read as follows:
w. Impairment guidelines for scheduled loss of use awards. For the purposes determining loss or loss of use of earning capacity of an employee under this subdivision the board shall immediately adopt impairment guidelines for scheduled loss of use awards substantially similar to those developed and completed by the board on or about January eighth, two thousand sixteen.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09618-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.