Cassville, NJ asked in Workers' Compensation and Social Security for New Jersey

Q: NY WC § 16.1-c &16-5: would AWW - NYSAWW /10 be correct? 1945.83 - 1450.17 / 10 = 49.57 no offset per table 1 for yr2020

I need help figuring out the calculation for applying NY WCL Article 2 Section 16. If AWW (ACE) were 1945.83, and the NYSAWW were 1450.17, and disabled widow benefits (DWB) was 1896 per month, what would be the offset applied to the WC benefit? I understand that the combined total of WC and DWB cannot be more than 80% of the ACE for SS; however, NY is a reverse offset state and so WC is subject to an offset. Case is in New York. I would appreciate any direction to case law.

Also, is there an age where the WC offset stops? For Social Security, it would be retirement age (I believe 67). I've been receiving disability since age 59 as a disabled survivor.

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: For precise guidance on New York law, including the specific calculations and potential age-related changes to benefits, I strongly advise consulting with a legal professional who is knowledgeable in New York workers' compensation law.


James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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