Bill > S04509

This bill amends the New York Workers' Compensation Law to modify how temporary and permanent partial disability benefits are calculated and credited. Specifically, the bill allows carriers or employers to receive a credit against permanent partial disability benefits for temporary partial disability payments made beyond 130 weeks. The bill updates language around wage-earning capacity calculations and introduces new provisions for tracking disability benefit weeks. Under the proposed changes, for workers with accidents or disabilities after the effective date, carriers can receive credit for weeks of temporary partial disability paid after 130 weeks, which will be applied against the maximum benefit weeks for permanent partial disability. The bill also provides nuanced rules about medical improvement, including a presumption that medical services will continue even after a worker has exhausted their maximum compensation weeks, with the burden of proof lying with the carrier to discontinue such services. The bill aims to provide more clarity and flexibility in how workers' compensation benefits are administered, particularly for long-term disability cases.

Labor and Employment

https://www.nysenate.gov/legislation/bills/2025/S4509