The 2007 amendments to the workers’ compensation law imposed caps on permanent partial disability awards. As part of that process, a number of Task Forces were created and routed through the New York State Insurance Department. Three of those Task Forces were assigned to address the question of how to award benefits in capped permanent partial disability cases.
One such Task Force was the Earning Capacity Task Force, which did not come to a consensus on a method to award benefits for loss of wage earning capacity. The document that the Insurance Department issued can be read here: www.nyworkerscompensationalliance.org/uploads/file/Proposed Disability Duration Guidelines - Sept 2010.pdf
The Insurance Department delegated the issue of how to determine benefits based on loss of wage earning capacity to the Workers’ Compensation Board, which requested comments on the subject.
On October 27, 2010, the Workers' Compensation Alliance joined the New York State AFL/CIO, the Injured Workers' Bar Association, the New York Committee for Occupational Safety and Health, and the Western New York Committee For Occupational Safety and Health in endorsing a set of comments written by Robert Grey, the WCA Chair.
The comments can be read here: www.nyworkerscompensationalliance.org/uploads/file/AFL-LWEC-COMMENTS-Final.pdf