Suspension of Benefits For Incarcerated Claimants Convicted of Felonies

Date: March 20, 2008

On March 13, 2007, Workers' Compensation Law (WCL) § 10 was amended to add subdivision 4 which provides that any person incarcerated upon a conviction of a felony is deemed ineligible for all compensation benefits, including causally related medical benefits, but may apply to the Board for benefits upon his/her release from custody.

Specifically, WCL § 10(4) states that:

• Any person incarcerated upon a conviction of a felony shall be deemed ineligible for all benefits provided under this chapter. All those whose benefits have ceased by operation of this section may apply to the Board for benefits upon their release from custody pursuant to regulation of the Board.

This statutory change was effective March 13, 2007, and its purpose is to codify existing case law.

Carriers or employers required to suspend benefits based upon the incarceration of a claimant upon conviction of a felony should file Form C-8/8.6 (Notice that Payment of Compensation Has Been Stopped or Modified) with the Board along with proof of the claimant's incarceration upon conviction of a felony.

Claimants wishing to resume benefits following release from incarceration should file Form RFA-1 (Claimant's Request for Further Action) with the Board together with proof of release from incarceration. Any claimant needing assistance in applying for the resumption of benefits may contact the Advocate for Injured Workers at 1-800-580-6665.

Zachary S. Weiss
Chair