Approved June 27, 2022

RESOLUTION OF THE GREATER UTICA CHAMBER OF COMMERCE OPPOSING THE REDEFINING OF TEMPORARY TOTAL DISABILITY

WHEREAS,  the New York Legislature passed Assembly Bill A1118 and Senate Bill S768 at the close of the 2022 legislative session regarding Workers’ Compensation Law;  and

WHEREAS,  this legislation redefines a temporary total disability as “the injured employee’s inability to perform his or her pre-injury employment duties or any modified employment offered by the employer that is consistent with the employee’s disability”;  and

WHEREAS,  this change represents a major departure from the current law, which defines a total disability as the inability to do work of any kind;  and

WHEREAS,  this legislation could dramatically increase carriers’ liability on Workers’ Compensation claims because total disability would likely become the default for any periods of temporary disability; and

WHEREAS,  and the legislation could eliminate “light duty” programs and would put substantial upward pressure on premiums;  and

WHEREAS,  the legislation has been transmitted to the Governor’s Office and is awaiting her signature in order to become law:

NOW THEREFORE BE IT RESOLVED that the Greater Utica Chamber of Commerce opposes the broadening of the definition of temporary total disability and urges New York Governor Kathy Hochul to veto this legislation.