Approved June 27, 2022
RESOLUTION OF THE GREATER UTICA CHAMBER OF COMMERCE OPPOSING THE REDEFINING OF TEMPORARY TOTAL DISABILITY
WHEREAS,Β the New York Legislature passed Assembly Bill A1118 and Senate Bill S768 at the close of the 2022 legislative session regarding Workersβ Compensation Law;Β and
WHEREAS, Β this legislation redefines a temporary total disability as βthe injured employeeβs inability to perform his or her pre-injury employment duties or any modified employment offered by the employer that is consistent with the employeeβs disabilityβ;Β and
WHEREAS, Β this change represents a major departure from the current law, which defines a total disability as the inability to do work of any kind;Β and
WHEREAS,Β this legislation could dramatically increase carriersβ liability on Workersβ Compensation claims because total disability would likely become the default for any periods of temporary disability; and
WHEREAS, Β and the legislation could eliminate βlight dutyβ programs and would put substantial upward pressure on premiums;Β and
WHEREAS, Β the legislation has been transmitted to the Governorβs 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.
