dojN001302.xml

dojN001302.xml

born-digital

email

yes

no

2002-01-03

Thursday, January 03, 2002 2:14 PM
Effect on state workers' compensation awards

Dear Mr. Zwick - I previously submitted a detailed article on the
possible deliterious effect of a claimant accepting an award from the
victims fund on their right to receive New York workers' compensation
benefits. I was gratified to see that this submission was acknowledged
in the printed comments. I want to again urge you to include in the
regulations language that clarifies the effect of state workers'
compensation benefits, whether they will be considered a colleteral
source, and whether the workers' compensation insurance carrier will be
in a position to claim a lien under NY Work. Comp. Law section 29. I
believe if the regulations state cleartly that the victims fund benefits
are not to be considered as either wage replacement benefits or medical
benefits, and if the regulations clearly states that they are intended
to be in addition to workers' compensation benefits, and finally if they
state that the intention is to not require the claimant to seek consent
to settle from the workers' compensation carrier, then the problem I
have identified would largely be eliminated. Again, thank you for your
consideration.

Individual Comment
Syracuse, NY

2002-01-03