The new 2009 edition of the New York Workers' Compensation Handbook (Larson Series) is available now for purchase. To order your copy, click here.

HIGHLIGHTS

New Co-Author Announced
Edward I. Pitts has retired from workers’ compensation practice.
Our new co-author is Ronald Balter.

Legislation
Legislative developments are covered

Case Law
Case law developments are included

Case Summaries With Commentary
Recent court decisions are summarized

DETAILS

Retirement of Edward I. Pitts. This year’s edition marks a milestone in the history of this Handbook. It is the first since the retirement from workers’ compensation practice of its original co-author Edward I. Pitts. Mr. Pitts recognized long ago the need for a single comprehensive practice guide to New York Workers’ Compensation Law and laid out plans for this Handbook long before publication of its first edition in 2001. He was the principal force in organizing this Handbook and moving it to publication. His words remain in all chapters of this edition of the Handbook. His devotion to this project and the inspired energy he brought to each prior edition will be sorely missed. We congratulate Ed and wish him all the best in his new venture as a Social Security Law Judge based in St. Louis, Missouri. We dedicate this edition of the Handbook to Edward I. Pitts.

New Co-Author Ronald Balter. The new co-author for the Handbook is Ronald Balter. Mr. Balter is an associate with the firm of Caruso, Spillane, Leighton, Contrastano, Ulaner & Savino, P.C. with offices in Manhattan and Staten Island . He is a 1980 graduate of the University at Buffalo. He received a B.A. in Political Science. He received his J.D. from New York Law School in 1983. He was admitted to the Bar of the State of New York in 1984 and has practiced before the Workers’ Compensation Board since then almost exclusively representing injured workers. He is a founding member of the Injured Workers Bar Association. He is also a member of the New York State Bar Association. He served as chair of the State Bar’s Tort, Insurance and Compensation Law Section’s Workers’ Compensation Division from 2004 until 2006. Mr. Balter has also served on the Board of Directors of the Society of New York Workers’ Compensation Bar Association since 1988. In 2005 Mr. Balter was named the Workers’ Compensation Attorney of the Year by the Institute for Jewish Humanities. More recently he was honored as the 2008 recipient of the Russell J. Gugino award by the University at Buffalo’s Alumni Association for his continued support of the university’s Athletic Department. Mr. Balter has presented Continuing Legal Education Seminars for the New York State Bar Association, the Injured Workers’ Bar Association, the New York State Trial Lawyers Association and the Association of the Bar of the City of New York as well as lecturing before various labor unions about workers’ compensation.

Post-Reform Maximum Benefit Rates. This edition still finds the workers’ compensation community in New York adjusting to the major substantive and procedural reforms enacted by the 2007 Workers’ Compensation Reform Legislation on March 13, 2007. One of the main features of that legislation was to raise the maximum compensation indemnity benefit rate paid to claimants for the first time in fifteen years. The rate had been $400 per week since July 1, 1992 and was raised to $500 per week for accidents occurring on and after July 1, 2007, and $550 for accidents on and after July 1, 2008 and is scheduled to increase to $600 per week for accidents occurring on and after July 1, 2009. As of July 1, 2010 the maximum rate will be increased automatically on every July 1st to two thirds of the state average weekly wage.

Caps on Permanent Partial Disability Benefit Awards. As of this writing, the key component of the reform bill sought by the business community, the caps on permanent partial disability benefit awards, has yet to have any impact. The caps are to apply only to injuries occurring on and after March 13, 2007. Because current Board Medical Guidelines generally delay assessment of a classifiable permanent partial disability until at least two years from the date of injury, no cases known to the authors have been “capped.” Significant questions remain to be answered as to just how the caps will work. The Task Force appointed by former Governor Spitzer 2007 and headed by the Superintendent of Insurance to develop new medical guidelines has recommended new guidelines for medical treatment of the most frequently treated body parts, but it has not, as of this writing, made its recommendations for guidelines for assessing permanent medical impairments, a key element in determining awards under the caps. It remains to be seen whether new guidelines will be adopted or even recommended before the first capped cases become ripe for classification. Even if they are, significant unanswered questions remain as to just how the caps will effect payout of workers’ compensation indemnity for permanent partially disabled claimants. In a Point-Counter-point in Chapter 5 of this book, the authors this year present vastly different opinions on how payouts under the caps should work.

“Rocket Docket”. The task force was also charged by former Governor Spitzer with designing a streamlined docket system, the goal of which was to speed adjudication of controverted cases within 90 days. This branch of the task force reported its recommendations and submitted proposed regulations to the Governor and Workers’ Compensation Board on June 1, 2007. After revision by the Governor’s Office of Regulatory Reform, the Workers’ Compensation Board at its meeting of September 16, 2008 adopted new regulations for a streamlined adjudication process for controverted claims. These regulations are substantially revised from those recommended by the task force. They depend greatly on new forms (C-2, C-3 and C-4) which are designed to afford greater discovery to parties before trial than has ever existed in workers’ compensation proceedings. The new regulations are currently scheduled to apply to controverted claims assembled by the Board on and after January 1, 2009. They impose far greater burdens on both sides to complete and reveal all discovery early, before trial. Adjudication of cases involving represented claimants is to be completed within 90 days of the issuance of the notice of controversy (C-7). Just how efficiently and fairly this new adjudication system will work is of concern to all participants and is discussed in substantial revisions to Chapters 10 and 11.

Other Reforms. Many other changes wrought by the 2007 Reform Bill are being refined and are covered in the numerous revisions to most chapters of this Handbook. Chapter 2 in particular discusses new developments on the phase out of the Special Disability Fund under Section 15(8), the imposition of mandatory payments into the Aggregate Trust Fund (“ATF”) of permanent partial disability awards made after  June 30, 2007 and the part played by the New York Compensation Insurance Rating Board in workers’ compensation insurance premium rates.

Case Summaries With Commentary. Part II of this year’s edition includes our summaries of and commentaries on the approximately 120 new Appellate Division and Court of Appeals cases on workers’ compensation issues. [See Part II.]

Cumulative Table of Cases by Topical Issue. The Cumulative Table of Cases has been updated, collecting and categorizing all of the appellate cases summarized in this edition of the Handbook, as well as the previous editions, to assist practitioners in finding current case law. [See Part II, Part H.]

Statutes. Part III, Statutes has been updated.

New York Codes, Rules and Regulations. Part IV of the handbook has been updated with many changes.

Tables and Charts. Part V of the handbook has been updated.

Index. The index has been updated.