As a general rule, workers’ compensation claimants who are receiving wage replacement benefits with a partial level of disability must produce evidence that they are continuously searching for work within their restrictions until they are found to have reached maximum medical improvement. The Workers’ Compensation Board understands that the COVID-19 outbreak and Executive Order 202, issued by Governor Cuomo on March 7, 2020, which declared a disaster emergency in the State of New York, would likely make it impossible to conduct a diligent and continuous job search.
Accordingly, the Workers’ Compensation Board has temporarily suspended the requirement that claimants demonstrate attachment to the labor market to maintain partial disability payments. The Board will review the requirement upon the Governor’s declaration that the period of emergency is over. Where a case is scheduled for adjudication of permanency, the case will be adjourned to address labor market attachment to a time when the claimant is able to resume their work search. Additional information is available at the Board’s Website, http://www.wcb.ny.gov/content/main/TheBoard/WCB_COVID19_LaborMarketAttachment.pdf.
If you have questions about your case or are in need of representation, please call our office for a free consultation. HH&K’s Workers’ Compensation Department remains fully functional, and our dedicated attorneys are continuing to represent our clients throughout this difficult and uncertain time.
To learn more about our workers comp practice, please visit us at: workerscomp.hhk.com
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| Gary C. Tyler Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6833 Email: gtyler@hhk.com |
| Jeffrey A. Jaketic Partner 80 Exchange Street Binghamton, NY 13901 Phone: (607) 231-6742 Email: jjaketic@hhk.com |
| Michelle Whitton Cowan Special Counsel 224 Harrison Street Suite 500 Syracuse, NY 13202 Phone: (315) 473-9414 Email: mwhittoncowan@hhk.com |
| Kristen A Hazlet Associate 707 Westchester Avenue, Suite 407 White Plains, NY 10604 Phone: (607) 231-6821 Email: khazlet@hhk.com |
Copyright © 2020 by Hinman, Howard & Kattell LLP. This Client Alert is provided as a general information service to clients and friends of Hinman, Howard & Kattell, LLP. It should not be construed as, and does not constitute legal advice on any specific matter, nor does this message create an attorney-client relationship. These materials may be considered Attorney Advertising in some states.