Workers’ Compensation Laws Changed as Part of 2017-2018 NYS Budget Deal
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.