COURT OF APPEALS ANSWERS THE SLU VS. PPD PAYMENT OVERLAP

Schmidt v. Falls Dodge, 19 N.Y.3d 178 (2012)

The Court of Appeals reversed the ruling of both the Appellate Division which required that the carrier pay both the maximum allowed weekly comp rate in addition to an SLU.  The Board relied upon Miller v. North Syracuse Cent. School Dist., in which the Appellate Division held that because a schedule award “is not allocable to any particular period,” it “cannot be deemed to overlap with” a temporary total disability award.

This Court essentially determined Miller is “incorrect and should not be followed.” The Court explained that §15(6) provides a cap for payments of compensation and that the schedule award is not nullified by the other awards, but must be deferred until the time comes when the cap will not be exceeded.

Note* statute allows for payment of SLU in one lump sum upon request of the claimant.  (The Court noted this inconsistency).

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