Problems with New York Workers' Comp Reform Law Brewing
In like a lion, out like a lamb! That seems to be upshot of the much heralded, but upon close examination, seriously flawed "new" New York Workers' Compensation Reform Law signed in March by Governor Spitzer. Leaving aside for a moment the thousands of newly created second class citizens (now known as "Gap Workers" ) disregarded by the negotiators - who do not get the benefit increase promised but do suffer the from the cap on permanent partial disabilities - there are more immediate problems.
Governor Spitzer's 3/13/07 letter accompanying the new law stated that he would appoint several "task forces" to deal with important issues such as new medical guidelines. The members of these task forces were to be selected based upon recommendations of the New York State AFL-CIO, the NYS Business Council, the Assembly Speaker and the Senate Majority Leader. To date, the members of these task forces have not been named. Now comes a 4/27/07 letter from New York Insurance Superintendent Eric Dinallo acknowledging that these important task forces have not yet been named.
This is a big problem! Such task forces need attorneys who represent employers and claimants in the trenches each day to make this error strewn reform bill work. For example, the Medical Guidelines Task Force is mandatory before the law can properly implemented. On a positive note, at least Susan John, Chair of the Assembly Labor Committee, at our recent cocktail fundraiser, informed us that she had spoken personally to Governor Spitzer and was assured that "AMA Medical Guidelines are not coming to New York". That will help many injured New Yorkers.
The formation of these guidelines cannot be another "inside Albany" job. Attorneys from both the employer and claimant sides across the state are still scratching their heads trying to figure out how to deal with the multitude of problems and conflicting sections of the new workers compensation reform law. Perhaps this is another reason to increase the still lacking transparency in Albany. The inside story on workers' compensation reform in New York has yet to be told and is not over yet. All the while, injured workers' will be left in limbo. The prompt naming a new Chair for the now directionless Workers' Compensation Board who understands the medical and financial struggles of injured workers might help. Stay tuned.