There's a bill, co-sponsored by the chairs of the Labor Committees in the New York Senate and Assembly, which is working its way through the legal system that makes sense for permanently totally disabled workers. Bravo to New York for realizing that people who are found by the federal government Social Security Law standards to be permanently totally disabled should not have to go through the system to get workers' compensation benefits, since it's obvious that if you're permanently disabled you can't work -- even light duty at your old job -- nor can or should you look for another job. North Carolina has not started this cause and it's a shame -- it's frustrating to clients, frustrating to attorneys and a waste of the Court's time. The Federal judge has already determined that the person is fully disabled based on evidence-- how can that person go out looking for a new job? Workers Comp rulings should look to what the SSA has already considered and ruled on. There's a link, and it would save everyone a lot of time if it was brought to light in North Carolina.
This article was written by Todd P. Oxner