Workers' Compensation Update
January 20, 2009

New C-2 Forms

The Worker's Compensation Board has informed us that, based on issues brought to them by The Business Council, it would not impose automatic penalties on employers that failed to submit revised C-2 forms, “Employer Report of Work-Related Injury/Illness,” until April 1, 2009.  The Board had circulated a draft policy that would have imposed automatic $50 penalties, effective immediately, for failure to timely submit completed injury reports using the new forms. The Business Council told the Board that, based on input from members, employers that use computer-based systems to manage their workers' compensation and related programs are experiencing difficulties and costs in making changes necessary to accommodate the new forms.  The Board had previously granted medical providers until April 1, 2009 to begin using revised C-4 reporting forms.  The Board said they will publish a subject number on this issue shortly.  The Board continues to emphasize the need for employers to use the revised forms when reporting workplace injuries.

Legislative Proposal to Index Clinic Funds and Comp Assessments

The Assembly Labor Committee is considering legislation—A.469 (John)— that would index future state appropriations for occupational health clinics to increases in the state's average weekly wage.  As these appropriates are paid for through employer assessments, they would guarantee annual increases in assessments for clinic funding.  The bill is on next week's Assembly Labor Committee agenda, for their meeting on Wednesday, February 4.  The Business Council continues to oppose this legislation, which passed the Assembly last year as well.  Our memo in opposition, and the proposed bill text, is available here.  We urge companies to weigh in with the bill sponsor, Assemblywoman Susan John, with your concerns on this legislation.

Please feel free to contact me  with any questions you have on these or other current workers' compensation issues in New York State.