We are pleased to share a recent result obtained by our associate, Dylan Prendergast, involving the Workers’ Compensation Law § 15(3)(w) credit, sometimes referred to as the “clawback.”

The matter concerned a claimant who had been classified five years earlier with a 60% permanent partial disability and awarded 350 weeks of benefits. Dylan noted that the carrier had paid 76 weeks of temporary disability benefits beyond the 130-week threshold and before classification. Accordingly, those payments are, as a matter of law, subject to credit against the capped permanent award.

After Dylan framed the issue with support from applicable authority, claimant’s counsel conceded the point at the hearing. The carrier is now entitled to credit those 76 weeks against the remaining 103 weeks of the capped award.
Board Panel decisions addressing this issue are limited, which placed a premium on careful framing of the issue. It’s a good example of the kind of thorough, practical work we aim to bring to every matter.

Congratulations, Dylan, and thank you to our clients for their continued trust.

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