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Labor & Employment Law

: New York Public Personnel Law

Workers' Compensation benefits to be paid to a claimant during the claimant's pre-trial incarceration

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Is a person entitled to receive workers' compensation benefits while he is in jail? 
 
An individual [Claimant] was receiving Workers' Compensation benefits when he was arrested. Unable to obtain bail, Claimant was kept in jail in "pretrial detention." Ultimately Claimant entered a plea of guilty and his 237 days of "pretrial detention" were credited against his sentence. * 
 
Claimant's employer and its insurance carrier, the State Insurance Fund [jointly "Employer"] asked Workers' Compensation to grant it credit for the benefits it paid Claimant during Claimant's 237 days of "pretrial" incarceration. The Workers' Compensation Appeals Board [Board], affirmed a Workers' Compensation Law Judge's decision denying the Employer's request. The Employer appealed the Board's ruling. 
 
The Appellate Division sustained the Board's determination, opining that it could not find any "legitimate governmental purpose in denying workers' compensation benefits to individuals who ... are incarcerated solely because they cannot post bail, while continuing [to pay] such benefits to individuals who are able to do so." 
 
Observing that workers' compensation benefits would have been paid to Claimant and no claim for credit would have been filed by Petitioners had Claimant been released on bail rather than held in jail, the court, citing Bilello v A. J. Eckert Co., 43 AD2d 192, held that "the denial of benefits to a claimant who is incarcerated awaiting trial while continuing to pay benefits to a claimant who was able to post bail presents a serious question of denial of equal protection of the law." 
 
* Penal Law §70.30(3) provides convicted individuals with a credit for any incarceration time served prior to conviction so that their sentences will be the same as those imposed upon individuals who were not so detained [Powell v Malcolm, 44 A.D.2d 65, appeal dismissed 34 N.Y.2d 752]. 
 
The decision is posted on the Internet at: 

 

Full post as published by New York Public Personnel Law on September 28, 2020 (boomark / email).

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