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Workers' Compensation Board

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New York State
Workers' Compensation Board
OFFICE OF THE CHAIR
328 State Street  Schenectady, New York 12305
Governor Andrew M. Cuomo


Subject No. 046-1005

Board Announces Second Comment Period for Proposed
Permanent Impairment Guidelines

Date: November 22, 2017

The New York State Workers’ Compensation Board (Board) has published a revision to the proposed Permanent Impairment Guidelines and is making it available for public comment.

The Impairment Guidelines are part of the workers’ compensation reform legislation in the 2017-2018 Executive Budget, which was signed into law by Governor Andrew M. Cuomo in April 2017. Workers’ Compensation Law (WCL) § 15(3)(x) requires new Permanency Guidelines (“Guidelines”) to be adopted by January 1, 2018. The new Guidelines cover determinations of permanency under WCL § 15(3)(a) through (v), which are also known as Schedule Loss of Use.

The Board published the original proposed Impairment Guidelines on September 1, 2017. A 45-day comment period followed, enabling all stakeholders to comment on the proposed Guidelines. After a thorough evaluation of the comments received in the first public comment period, the Board has revised the Guidelines and published them for a second comment period on November 22, 2017. Publication in the State Register commences a 30-day comment period (which expires on Friday, December 22, 2017). The Guidelines, along with regulations necessary to implement the Guidelines, are available on the Board’s website at: Proposed Impairment Guidelines Regulations.

The Board strongly encourages the public, injured workers, employers, self-insured employers, insurance carriers, third-party administrators, attorneys, medical providers, and labor and business organizations to provide comment. Please submit your comments on or before December 22, 2017 at: Proposed Impairment Guidelines Comments. The Board will evaluate all comments received, and will consider necessary revisions as the process advances.

We look forward to receiving your comments.

 

Clarissa M. Rodriguez
Chair