NYS WCB Chair Proposes Revised Impairment Guidelines


Legislation enacted in April 2017 directed the Board to consult with “representatives of labor, business, medical providers, insurance carriers, and self-insured employers regarding revisions to permanency impairment guidelines, including permitting review and comment by such representatives’ chosen medical advisors…”, to adopt revised guidelines for the evaluation of medical impairment and determination of permanency with respect to injuries which are amenable to a schedule loss of use award pursuant to paragraphs (a) through (v) of subdivision 3 of section 15 of the WCL. As the law directs, these Guidelines are to be “…reflective of advances in modern medicine that enhance healing and result in better outcomes.”

Proposed Addition of 325-1.26 (Impairment Guidelines) to Title 12 of the New York Codes Rules and Regulations

The Chair proposes addition of section 325-1.6 to Title 12 of NYCRR.

The Notice of Revised Rule Making was published in the November 22, 2017, edition of the State Register. Comments on the revised rule will be accepted for 30 days. Please submit comments to https://www.surveymonkey.com/r/ImpairGuideComments2.

For more information regarding these proposed regulations, contact Heather M. MacMaster, Deputy General Counsel, Workers' Compensation Board, 328 State Street, Schenectady, New York 12305-2318, telephone: (518) 486-9564, e-mail: [email protected].


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