Worker's award for multiple injuries capped, Court of Appeals rules: "May 2 (Reuters) - New York's high court has ruled that a weekly cap on workers' compensation awards applies even when a worker suffers from multiple, separate injuries.
In a 5-2 decision, the Court of Appeals on Tuesday held that "schedule awards" given for permanent partial disabilities and awards for temporary disabilities may not overlap if, when combined, they exceed a statutory $400 cap on weekly payments.
"A claimant entitled to a schedule award that is to be paid periodically must wait until his other disability payments have ceased, or have dipped below the cap, to be paid his schedule award," Judge Robert Smith wrote for the court.
A schedule award is granted when a worker loses partial or total use of a body part in a work-related injury.
The decision reverses a 2009 ruling from the Appellate Division, Third Department.
In 2005, mechanic Wayne Schmidt sustained three separate injuries while working for an upstate car dealership. A Workers' Compensation Law judge in 2008 granted Schmidt two compensation awards, each totaling $400 per week"
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That is good news for the New York workforce! It is good that the Big Apple is taking care of their laborers by passing laws and legislature that takes on the welfare of the workers, especially those who suffered injuries. Now workers will feel more valued and important. And laborers, who suffered occupational injuries will have enough financial support thru the claims and compensation.
ReplyDelete-Allan Kenan