The new 2008 Edition of the New York Workers' Compensation Handbook is now available. To purchase this publication, click here.
Special Alert: On March 13, 2007 Governor Spitzer signed into law a major piece of legislation that reformed the New York Workers' Compensation Law in many ways. Accordingly, this year's Handbook has major change in virtually every chapter. Several chapters have undergone almost complete revision.
HIGHLIGHTS:
Legislation: Legislative developments are covered
Case Law: Case law developments are included
Case Summaries With Commentary: Recent court decisions are summarized
CHAPTER UPDATES:
Chapter Two, Workers' Compensation Insurance. Chapter Two has been modified to account for the phase out of the Special Disability Fund, the new provisions requiring private insurers to make deposits into the Aggregate Trust Fund, and for new insurance requirements on employers.
Chapter 3, Covered Employment and Chapter 4, Employment Status. Minor changes have been made to Chapters Three and Four to account for changes in the statute and case law.
Chapter 5, Wage Loss and Death Benefits. Chapter Five has been amended to account for the increases in the maximum and minimum benefit levels, the truncation of permanent partial disability and numerous case law changes.
Chapter 6, Medical Benefits. Chapter Six has been modified to account for new fee schedules in a number of areas and new limits on choice of certain providers.
Chapter 7, Third-Party Actions and Other Related Actions. Chapter Seven has been modified to account for a major change in the case law affecting repayment of workers' compensation liens and credit for the costs of the third-party action.
Chapter 8, Fraud and Claims Handling. Chapter Eight has been modified to account for the numerous new provisions intended to reduce employer fraud, lack of insurance and misreporting.
Chapter 9, Discrimination, Penalties, and Ancillary Remedies. Chapter Nine has been modified to account for modifications in penalties as well as new penalties.
Chapter 10, Preliminary Proceedings in a Workers' Compensation Case and Chapter 11, The Hearing Process. Chapters Ten and Eleven have been updated and modified to account for new procedures, especially in handling of controverted cases.
Chapter 12, Appeals and Chapter 13, Settlements. More minor changes have been made to Chapters Twelve and Thirteen but new statutes in each area are included, especially as regards settlement of cases.
Case Summaries With Commentary. The past year's new court decisions in the area of workers' compensation law have been summarized, with expert commentary on aspects of the decisions of particular importance to practitioners. [See Part II]