New York: Statute Easing Standards Related to Attachment to Labor Market Cannot Be Applied Retroactively

An amendment to N.Y. Workers' Comp. Law, § 15(3)(w) that eased the requirement that those claiming permanent partial disability status must show attachment to the labor market cannot be applied retroactively in every case, held a New York appellate court. Where, as was the situation in the instant case, the state's Workers' Compensation Board had ruled—prior to the effective date of the amendment--that the claimant had failed to demonstrate such attachment to the labor market, the amendment did not apply.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See Matter of Pryer v. Incorporated Village of Hempstead, 2019 N.Y. App. Div. LEXIS 6553 (3d Dept., Sept. 12, 2019)

See generally Larson’s Workers’ Compensation Law, § 84.04.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see