In New York, Will Workers’ Comp PPD Outlive Death?

A case in New York that is challenging the cessation of Permanent Disability benefits upon the death of a worker may change the landscape of workers’ comp in the state.

A family whose husband and father unexpectedly died with almost 39 weeks of his PPD payments remaining is suing, claiming they are entitled to the full 350 weeks of benefits that he was awarded.

The case came to my attention when the story was forwarded to the Cluttered Desk because of the potential applicability for Kids’ Chance to help. The gist of the news piece was that the worker at the center of the suit had a 15-year-old son, with aspirations of attending Duke University after high school. The family wants the money to help fund his college ambition.

The case centers around the fathers’ injury, which appears to be unrelated to his death. Working as a school Crisis Intervention worker, he injured his knee in a confrontation with a student. He was determined to have a “non-schedule permanent partial disability with a 51% loss of wage-earning capacity entitling him to 350 weeks of benefits.”

Then, 311 weeks into his benefit period, he died of cardiac arrhythmia, and his payments were stopped.