Board to Reopen SLU/Non-SLU Claims After Arias, Fernandez Court Rulings

In keeping with three landmark court decisions this year, the New York Workers' Compensation Board has moved swiftly to change its approach to claims filed by workers who have schedule and nonschedule losses of use. The board announced Friday that it will abandon its October 2019 regulation, Subject No. 46-1211, and its policy that barred a worker, who had received benefits for a nonschedule loss and was back at work at regular wages, from also winning schedule loss of use benefits. The board also will revisit previous claims that had been decided in that manner, a move that could mean h...