2013 legislative changes to Workers Compensation

January 29, 2013

Some highlights:
1.    Special Funds Conservation Committee eliminated.
2.    Minimum rate increase to $150.00 per week for accidents on or after 5-1-13, without indexing.
3.    Looks like there is an attempt to limit the time to file for discretionary Full Board Review to 30 days, yet nothing in the proposed amendments to §23 bars the applications of §123.
4.    The standard of review for an ADR decision in the Third Department shall be the same as if it was a regular appeal from the Workers’ Compensation Board to the court.  This is a change from current case law which tends to limits the court to the standards of arbitration decisions under CPLR Article 75.  This is a plus for all parties that allows the court to overrule an ADR decision when there is a misinterpretation of the law.
5.    No requests for a transfer of liability under §25-a can be made after 1-1-14, although the Workers’ Compensation Board can still make decisions on the issue under §23 after that date.  The Chair is to issue regulations on how the existing §25-a claims are to be administered and by whom.
6.    Mandatory deposits into the Aggregate Trust Fund are repealed.  All cases in which a direction to make a deposit are still valid.  Any late payment into the Aggregate Trust Fund will result in a 20% penalty payable to the claimant.  This appears to be in addition to the penalties in §27 for a late deposit.
7.    Failure to pay assessments will be an allowable reason to cancel a workers’ compensation policy.
8.    Volunteer Firefighter and Ambulance Worker Laws amended to reflect marriage equality.

Via NY.gov