Re: Volutary Retirement Issue, Carrier Seeks to Stop Payments
From what I see, for a non scheduled perm- partial disability in New York:
Since 2000 I've rec monthly ck and doctor and prescription benefits. Case was closed in 2000. I was advised by attrny it couldn't be reopened unless i opted for surgery etc. Partial permanent disability re herniated discs was declared.
The max you can receive is five hundred twenty-five weeks (ten and a half years) in cases in which the loss of wage-earning capacity is greater than ninety percent but not more than ninety-five percent;
It goes down from there depending on the degree of loss of wage-earning capacity.
N.Y. WKC. LAW § 15 : NY Code - Section 15: Schedule in case of disability
Scroll down to 3- paragraph W - Permanent partial disability.
w. Other cases. In all other cases of permanent partial disability, the compensation shall be sixty-six and two-thirds percent of the difference between the injured employee's average weekly wages and his or her wage-earning capacity thereafter in the same employment or otherwise. Compensation under this paragraph shall be payable during the continuance of such permanent partial disability, but subject to reconsideration of the degree of such impairment by the board on its own motion or upon application of any party in interest however, all compensation payable under this paragraph shall not exceed (i) five hundred twenty-five weeks in cases in which the loss of wage-earning capacity is greater than ninety-five percent; -
All the info I have says the same thing, I don't see anywhere, where permanent partial disability in New York is payable for life.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.