Workers' Comp Benefits Survive Incarceration

, New York Law Journal


A workers' compensation recipient did not forfeit his entitlement to benefits when he was convicted of first-degree sexual abuse and sentenced to 10 years probation, an upstate appeals court determined.

What's being said

  • The reporter has the facts wrong. Read the 3-page decision. Mr. Islam was never considered an illegal immigrant. He was always a legal permanent resident. Because of his felony conviction, he was detained by ICE in 2009 pending a hearing to decide whether he should be deported for committing a felony as a legal permanent resident. Standard procedure. The issue was whether Mr. Islam‘s detainment by ICE as a direct result of his conviction of a felony constituted an incarceration “upon conviction of a felony” that rendered him ineligible to receive benefits during the period of his detention pursuant to Workers’ Compensation Law § 10(4). Plain statutory interpretation. The Court read the statute narrowly to hold that § 10(4) only applies when a claimant is sentenced to incarceration as punishment for a felony conviction.

    Re: the last comment, benefits are not withheld pending an Appellate Division appeal.

  • What was this case brought ? A plain reading of the case facts and NY law would have lead to the conclusion that benefits were due, as confirmed by an unaminous decision. Simply an opportunity by the other side for a windfall by withholding benefits.

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