Legislation enacted in April 2017 [WCL§15(3)(x)] 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." [WCL§15(3)(x)]
Therefore, these revised permanency guidelines supersede those sections of the Board's 2012 Impairment Guidelines concerning medical evaluation of injuries amenable to a schedule loss of use (chapters 1 through 8 of the 2012 Guidelines), as well any other provision of the 2012 Impairment Guidelines which are inconsistent with these Guidelines.
All stakeholders should continue to use the following forms, as applicable:
Please contact ImpairmentGuidelines@wcb.ny.gov if you have any questions about the 2018 Guidelines.
- Schedule Loss of Use Frequently Asked Questions
Schedule Loss of Use Informational Webinars
As part of the 2017 executive budget, Workers' Compensation law §15(3)(x) required the Workers' Compensation Board to implement new Permanency Impairment Guidelines for Schedule Loss of Use (SLU) evaluations. The new 2018 SLU Guidelines took effect January 1, 2018.
The Board's Medical Director and Senior Policy Advisor, Elain Sobol Berger, MD, JD developed training in the 2018 Guidelines' approach to assessing SLU permanent impairment. Case studies demonstrated how to apply the SLU principles and objective criteria in making an SLU determination.
View PowerPoint Presentation
View Recorded Webinar
Update to 2012 Impairment Guidelines
Section 9.1 (page 44) and 9.3 (page 47) have been revised in the 2012 Impairment Guidelines.
NYS Workers' Compensation Board
Attn: WCB Medical Director's Office
Menands, NY 12204