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New York State
Workers' Compensation Board
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