New legislation affecting permanent total disability workers compensation claims
The new law applies to:
- Injured workers with dates of injury before August 13, 2014 (or their dependents and legal heirs) whose permanent total disability (PTD) benefits were offset by government retirement benefits other than Social Security; and
- Payers that reduced PTD benefits by the injured worker’s non-Social Security government retirement benefits before August 13, 2014.
The new law does not apply to:
- Injured workers whose last PTD benefits were paid before January 1, 2000;
- Dependents and legal heirs of deceased injured workers who died before January 1, 2008; and
- Injured workers where a court allowed the retirement offset, or where a court-approved stipulation for settlement explicitly allowed the retirement offset or closed out all workers’ compensation benefits. (However, the new law does not prevent non-covered injured workers, dependents and legal heirs from pursuing claims for additional PTD benefits based on the decisions.)
- is subject to litigation brought by injured workers for additional PTD benefits owed; and
- is subject to penalties assessed by DLI or a compensation judge (depending on the facts) based on the court decisions.