1. Increase the maximum wage replacement benefit to 100 percent
of the state average weekly wage as recommended by the National
Commission on State Workmen’s (sic) Compensation Laws
in 1972.
2. Index the maximum wage replacement benefit to increases
in the state average weekly wage.
3. Increase the minimum wage replacement benefit to one-quarter
of the maximum benefit rate.
4. Increase authorization limits for diagnostic testing and
surgical procedures.
5. Require payment of medical bills by private insurance
carriers where the claim or compensability of a particular
treatment is contested.
6. Streamline existing procedures for reimbursement of private
insurers from workers= compensation carriers when the compensability
of treatment or diagnostic testing is established.
7. Provide for attorneys fees in cases involving medical
treatment only so that workers can secure representation.
8. Define penalties and medical and transportation reimbursement
as payments of compensation subject to statutory time limits
for payment and penalty.
9. Establish fee schedules for prescription medication and
durable medical goods.
10. Permit workers= compensation insurers to negotiate for
discounts with prescription medication and durable medical
goods providers.
11. Define total disability as the inability of the worker
to perform his job or any restricted or light duty job offered
to him by the employer.
12. Expedite the finalization of claims by abandoning timelines
for the permanency findings in favor of maximum medical improvement.
13. Expand the use of vocational assessment and retraining
programs.
14. Increase the amounts of existing statutory penalties,
make their use mandatory instead of discretionary, and target
conduct such as the frivolous controversy of cases.
15. Reduce time periods for employer and insurer compliance
and filing through the expansion of existing electronic filing
programs.
16. Make statutory and regulatory changes aimed at reducing
adjournments and lack of preparedness, including preclusion
of cross-examination in the absence of contradictory evidence.
17. Preclude claimants and carriers from appealing WCL Judge
decisions that award benefits at tentative rates pending litigation.
18. Impose a time limit within which decisions must be made
when a WCL Judge “reserves decision” to review
testimony or consider legal issues.
19. Replace the CIRB with an independent entity empowered
to investigate insurer income, expense, and profits.
20. Require insurers or the Board to confirm employer entities,
payroll, employee classifications and loss history to ensure
correct premium charges.
21. Increase regulation and oversight over self-insured employers
and self-insurance trusts.
22. Consider making the New York State Insurance Fund the
exclusive workers= compensation insurer in the state.
23. Expand the use of existing workplace safety programs
and institute additional workplace safety programs, while
providing employers incentives for their use.
24. Expand the scope of WCL Section 8-A concerning World
Trade Center claims.

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