Insurance industry representatives are optimistic New York will see workers' compensation changes after newly inaugurated Gov. Eliot Spitzer said reforming the system to reduce the state's cost of doing business is an important piece of his agenda.
In his State of the State message delivered yesterday at the capitol in Albany, Mr. Spitzer, the former state attorney general, gave a far-reaching address on needed reforms in the state "to restore New York as a beacon of hope and opportunity."
While giving no specifics, Mr. Spitzer said workers' comp reform was one of a set of major actions the state must take to revitalize the economy by reducing the state's cost structure to attract jobs and capital back to New York.
The current system "does not work for anyone," he said, noting that employers in New York pay the highest premiums in the country and workers receive the lowest benefits.
Mr. Spitzer said he has begun discussions with legislators and representatives with business and labor to find solutions that will lower premiums and increase benefits. He said a solution must also be found for workers to get "the medical treatment they want and need so they can get back to work."
Kristina Baldwin, regional manager and counsel for the Property Casualty Insurers Association of America in Albany, said: "We are pleased with what the governor had to say. He recognized that New York's system is broken and needs to be reformed. It's a message we have tried to get across for a number of years."
"We are encouraged by Gov. Spitzer's remarks," said Ellen Melchionni, vice president of the New York Insurance Association in Albany. "On workers' compensation, we are looking forward to changes in the system."
What shape those reforms will take is difficult to say at the moment, Ms. Baldwin pointed out, because no actual proposals have been put on the table.
Both suggested that whatever reforms take place will probably happen during the initial meeting of the legislature, the first 100 days.
The last set of reforms in the 1990s, Ms. Baldwin noted, under the administration of Republican Gov. George Pataki, took place during the early part of his term.
Among some of the things that need to be addressed to improve the program is a duration cap on permanent partial disability (a permanent injury that does not prevent an individual from working), said Ms. Baldwin.
Other inequities in the system that need to be addressed include a system that has some insurers collecting more premium than others, and elimination of Labor Law 240, or the strict liability law covering scaffolding accidents, said Ms. Melchionni.
Ms. Melchionni said the will to reform would depend on the dynamics between Mr. Spitzer and the legislature, and from the tone of the reception he received during his address; she said she was hopeful something could be accomplished.
If he is unable to get bills passed to fix workers' comp and other initiatives to improve the state, she warned, it would ultimately doom any chance for Mr. Spitzer to move up the political ladder.
"He clearly has aspirations for higher office," she said.
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