Workers' Compensation

The Survey period featured limited legislation. House Bill 1409 increased the maximum rate of temporary total disability benefits from $675 to $725 and increased the maximum rate of temporary partial disability benefits from $450 to $483. Similarly, the maximum amount of death benefits payable to a sole surviving spouse was increased correspondingly from $270,000 to $290,000. While not an amendment directly to the Workers’ Compensation Act (the Act), it is noteworthy that House Bill 389 amends the definition of “employment” applicable to the “Employment Security Law.” This definition now includes services performed for wages unless the Department of Labor makes a contrary determination based upon evidence that such individual has been, and will continue to be, free from control or direction over the performance of such services, including a list of characteristics to consider in making the determination of employment.