Spitzer Signs New York Workers' Comp Reform Bill into Law
At a press conference earlier today, New York Governor Eliot Spitzer signed landmark workers' compensation reform legislation into law. Certain aspects of the law take effect immediately, while others such as the maximum rate increases will not become effective until July 1, 2007. Our prior post highlights the major changes. In addition, the Governor's interesting letter introducucing the new law discusses the new task forces and implementation.
How does this new law affect people that have been on Comp for a while (since 2002?)at full benifits? Would I expect to see an increase in benefits? Thanks
Governor Spitzer, Majority Leader Bruno and Assembly Speaker Silver have all stated that they are ready for changes to compensation guidelines and it appears that changes are underway. On March 13, 2007, the Governor signed a Worker’s Compensation Overhaul bill and called for a taskforce to meet to discuss best practices in the field of worker’s compensation. This call for change is becoming a catalyst as the Governor’s Taskforce regarding Worker’s Compensation is set to meet on August 1 to discuss best practices. On the table, are two main Worker’s Compensation Guideline Plans. The first being, the Official Disability Guidelines (ODG), the second, the American College of Occupational and Environmental Medicine Guidelines (ACOEM). While both sets of guidelines were viable at one time, the ODG guidelines are edging out those of ACOEM. ODG guidelines give the patient and doctor choice, handles the enormous issue of chronic care and long-term treatment, and has been adopted in 17 states and provinces throughout the United States. ACOEM however, has only been adopted in California and just recently a court ruling stated that ACOEM’s guidelines are not applicable to chronic pain cases. An April 2007 Rand Corps. Study of California Worker’s Compensation, stated that chronic pain is one of the conditions that ACOEM “addresses minimally or not at all.” This information makes one believe that even Californians are not accepting what the ACOEM website refers to as the “gold standard of worker’s compensation guidelines.”