The Appellate Division – Third Department limited the amount of benefits that a claimant can receive in any one week to the maximum allowed by the Workers' Compensation Law. The Appellate Division had previously indicated that there may have been a way for an injured worker to actually collect over the maximum rate allowed by law. The court reached its decision in the case of Lamantia v. Midland Elevator Company, 2009 NY Slip Op 01379 (February 26, 2009)
Mr. Lamantia stopped working when he sustained a back injury. As a result of that injury the claimant never returned to work. When he stopped working he also realized that he had developed carpal tunnel syndrome and filed a separate claim for that condition.
On the day that the claimant was classified as having a permanent partial disability he was also awarded a scheduled loss of use for his hands. The State Insurance Fund objected to paying the scheduled loss of use since for the “weeks it covered” the claimant was already paid the maximum rate of $400.00 per week in the back case.
The Workers' Compensation Board affirmed the Law Judge and the State Insurance Fund took the case up to the Third Department. This was a full frontal attack on the Miller v. North Syracuse Central School District, 1 A.D. 3d 691 (2003) case. The Court of Appeals had already questioned the viability of Miller in the LaCroix v. Syracuse Executive Air Service, Inc., 8 N.Y. 3d 348 (2007) case.
The Third Department was able to read the tea leaves from the Court of Appeal and all but overruled Miller. The Third Department now indicates that a person’s benefits are limited to the maximum rate in §15(6) of the Workers' Compensation Law for the date of accident and that it is an overall limit of money that is paid every week. No longer can a claimant collect benefits for temporary and permanent disability for the same week and have the benefits exceed the maximum rate for the date of accident and/or disability.
As a result of this case there will be the end of awarding full benefits for a hearing loss where the worker eventually stops working because of an accident as in this case or from an OD such as asbestosis.
Currently there is legislation pending in both houses of the Legislature to attempt to resolve this matter. The “Same As” bill numbers are A2021 sponsored by Assemblywoman Susan John and S2776 sponsored by State Senator George Onorato.