Beginning July 1, 2010, the maximum weekly benefit rate for workers’ compensation is 2/3 of the New York State average weekly wage for the previous calendar year, as determined by the New York State Department of Labor. Workers’ Compensation Law §§ 2(16); 15(6). On March 31, 2010, the Department of Labor reported to the Superintendent of Insurance that the New York State average weekly wage for 2009 was $1,109.75. Accordingly, for workers’ compensation claims with dates of accident or dates of disablement during the period from July 1, 2010 through June 30, 2011, the maximum weekly benefit rate will be $739.83.
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