NY Workers' Compensation Travel Reimbursement Rates Effective Jan. 2010

Why do insurers fight so hard to avoid paying workers’ comp benefits?

The widow of a firefighter was recently in the news because she finally won New York workers’ compensation benefits after her husband died shortly after leading a training exercise.  It took the widow about two years to file for benefits, but only because she didn’t realize that she was eligible for workers’ comp benefit after her husband’s unexpected death.

Not only did the insurer deny her claim – stating that she waited too long – but they also said that there was no way she could prove that his heart attack had anything to do with the firefighter training exercise he had just led.  Oh really?

Fortunately for the widow her husband’s death had already been recognized by the National Fallen Firefighters Foundation as being caused by the stress and exertion of the training exercise. 

An advocate for the Foundation told the widow that she was entitled to a Bureau of Justice Assistance Grant because of her husband’s death, and that she should also apply for workers’ compensation benefits.

If it wasn’t for the helpful Foundation advocate, this unfortunate widow would have no idea that she deserved benefits because of her husband’s sacrifice.  Yet, despite all her husband had done – he was a 38 year firefighting veteran – and despite the posthumous recognition he received, the insurance company DENIED her claim.

Sadly, this scenario is all too common.  Insurers are very quick to deny workers’ comp claims, and grieving families are especially vulnerable as they don’t always have the resources to pursue benefits.  If you or someone you know ever find yourself in this situation, PLEASE don’t hesitate to talk to a workers’ comp attorney.  You deserve so much better than a rude denial from a heartless insurance company!

New Head for Troubled NY Workers’ Comp System

The outgoing head of the New York Compensation System will be replaced by a longtime workers’ compensation judge recently appointed by Governor David Paterson.  Last month Zachary S. Weiss announced that he was stepping down as chairman of the New York State Workers’ Compensation Board to accept a position as a judge in the Social Security system.

The new chairman, Robert E. Beloten, 56, has a long history with the NY workers’ comp board.  He was a judge in the system from 1988 to 1996 and again from 2000 until he was named as one of the board’s twelve commissioners this past May.  Over the years Mr. Beloten has lectured extensively on workers’ compensation and medical law.

Since Beloten is already a member of the workers’ comp board he does not need Senate confirmation.  He took office on July 15.  According to Beloten his first priority in taking over the $5.5 billion per year system – one of the largest in the country – is to reduce the amount of time it takes for claimants to receive benefits.  Beloten will receive a salary of $120,800 as chairman.

Beloten faces some tough issues as head of the NY workers’ comp board.  In addition to excessive wait times, recent investigations have uncovered fraud by doctors working for insurers, retaliation by companies against employees who file for workers’ comp benefits, and employers cheating on their insurance premiums – all which has created an adversarial and paralyzed system.

Former Chairman Weiss was only at the helm for about two years and attempted to make some changes, however critics contend that he did not go far enough.  There is still much left to do, and Beloten has his work cut out for him.

Governor Paterson says Workers Comp Reform act is working

According to NY Governor Paterson, the 2007 Workers’ Compensation Reform act is making New York State “a better place to do business”.  According to Paterson, “benefits to injured workers have increased, costs for businesses have decreased, fraud is being eliminated, and injured workers with disputed claims are getting benefits faster.”

The Governor’s comments were made about the recently released New York State Insurance Department’s 2009 Workers’ Compensation Data Report.  According to the report, key goals in the 2007 plan are being achieved.

Of course, what the Governor and the Workers’ Comp Board think is progress may not be the same as what injured workers think is progress.  After all, what’s good for business isn’t always good for workers.  Saving money is important to businesses and the WCB, but not if it comes at the expense of the working men and women of New York.

Some highlights of the Data Report:

• Benefits to injured workers have increased
• Disputed claims are being resolved faster
• Administrative review backlog has decreased
• Stronger fraud prevention efforts are working
• Overall number of workers’ comp claims falling

The 2009 Workers’ Compensation Data Report is the second report issued since the 2007 reform act was passed.  You can read more about the benefits of the reforms in our library article, “Top 3 Benefits of the New York State Workers’ Compensation Board Reforms”.

Exams of Injured Workers Fuel Mutual Mistrust - New York Times Feature Article, Part 2

In this article, Kleinfield questions whether or not doctors hired by insurance companies for injured workers provide the same diagnosis as their private doctors.  As New York State Workers' Compensation attorneys, we hear it all!!  Share your experiences.

Read Full Article.