Workers' Compensation Glossary
Workers' Compensation Law Terms -A-
Abey a Case: To refile a case, with a notation that an Examiner is to review the case by a specified future date.
Abey an Issue: To postpone a decision on an issue in a case until a later date, when it is expected than additional pertinent information may or will be available.
Accident (Work-Related): (WCB) An event, arising out of and in the course of employment, that results in personal injury to a worker.
Accident Date: (WCB) Refers to either (a) the date the accident is deemed to have occurred or (b) the date of onset assigned to an occupational disease. The accident date is officially established by a Law Judge.
Accident, Notice and Causal Relationship (ANCR): (WCB) Minimal conditions that must be met before financial responsibility can be assigned to a claim for workers' compensation. Specifically, it must be established that
• a work-connected accident covered by the Workers' Compensation Law occurred;
• following the accident, the claimant notified his/her employer within the time limit required by the Workers' Compensation Law; and
• a causal relationship exists between the accident and a resulting injury or disability.
Adjourn (a Hearing): (WCB) To put off or suspend until a future time, without making any findings.
Adjudication: The act or process of adjudicating. A judicial decision or sentence.
Appeal: (WCB) A legal action taken by one of the parties to the Appellate Division, Third Department, to reverse or amend a decision or direction made by a Board Panel or the Chair of the Workers' Compensation Board.
Apportionment: (WCB) A proportionate division of all or part of the liability in a case between two or more sources of disability for the same claimant, based on an evaluation of the relative contribution that the sources of disability have made to the claimant's permanent disability.
Arising Out of and in the Course of Employment: (WCB) Two necessary conditions that must be met to establish a work-connected accidental injury; an injury that "arises out of" is one that results from a hazard of the employment, while an injury "in the course of employment" is one that occurred at a time, place and under circumstances related to the employment.
Attorney Fees: (WCB) Fees approved by the Board for claimant attorneys in workers' compensation cases. Under WCL .24, no claims for services or supplies are enforceable unless approved by the Board and, if approved, such claims become a lien upon the compensation awarded.
Average Weekly Wage (AWW): Wage used to calculate total disability benefit rates for most claimants. Defined at 1/52nd of the injured worker's average annual earnings (200-300 times average daily wage, depending on work schedule), based on the prior year's payroll data. If an injured worker has not worked a substantial portion of the immediately preceding year, the average wage of a comparably employed worker is used in the Board's calculations.
