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New York Workers’ Compensation: No Employer Repayment for Concurrent-Job Benefits (03/14/12)

In the case Thomas v. Warren County DPW, the court enforced a 2007 amendment to New York’s workers’ compensation law. Under the wage replacement provision of the law, the employer in whose employment the worker sustained the injury must cover all medical costs and the worker’s average weekly wage, including additional wage amounts from other jobs held by the employee. Employers previously could obtain reimbursement for the higher average weekly wage tied to concurrent employment through a state Special Disability Fund, but the amendment eliminated this reimbursement. The court case confirms that employers are still responsible for the higher payment, and they or their insurers must absorb the cost.