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Workers' Compensation Board

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Rural Area Flexibility Analysis for Amendment to 300.2 and Addition of 300.39 (Schedule Loss of Use determinations) and 325-1.26 (Impairment Guidelines) of Title 12 of the New York Codes Rules and Regulations

  1. Types and estimated numbers of rural areas:

    This rule applies to any schedule loss of use determinations for claimants in New York State, regardless of geographical location. The proposed regulations provide a new and improved system for impairment guidelines, but apply to all claimants.
  2. Reporting, recordkeeping and other compliance requirements; and professional services:

    Under this rule, the evaluations of permanent impairment for use in schedule loss of use determinations must be made in the format prescribed by the Chair. Additionally, a claimant must complete an intake form. There are no specific reporting or compliance requirements affecting rural areas.
  3. Costs:

    This proposal will not impose any compliance costs on rural areas. The role solely implements a new system for schedule loss of use determinations.
  4. Minimizing adverse impact:

    This proposed rule is in response to a legislative mandate, and establishes a new and better system for schedule loss of use determinations through the impairment guidelines. This rule establishes clear guidelines for making schedule loss of use determinations and guidelines for conducting impairment evaluations in arriving at these determinations.
  5. Rural area participation:

    The Board is implementing these guidelines in response to a legislative mandate.

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