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Disability Durations Proposed for New York Workers’ Comp

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

Posted on Oct 08, 2010

October 6, 2010 - New York, NY - The New York State Insurance Department (NYSID) has submitted a proposal of new disability duration guidelines to the Workers' Compensation Board.

CompNewsNetwork reports that the newly proposed guidelines determine the percentage of loss of a claimant's wage-earning capacity and create a duration maximum. The guidelines are comprised of medical impairment guidelines, residual functional abilities/losses guidelines and loss of wage-earning capacity guidelines.

The 108 page document (pdf) submitted on Sept. 15, 2010 goes into detail the conditions considered disabling, how they impact the individual's ability to perform their job, and the impact it has on their wage-earning capacity. The Advisory Committee and Task Force of the NYSID was involved in developing these guidelines and were able to come to a full consensus on the first 2 sets of guidelines, but were unable to do so on the topic of wage-earning capacity.

The medical impairment guidelines provide physicians with tools to document the claimant's impairment from work related injuries. These guidelines make it simpler for a physician to classify impairment and determine a severity ranking for the condition.

Guidelines for the residual functional abilities/losses are suggested to assist in the impact on the claimant's loss of ability from their impairment. This is an important factor in determining their ability to work after a work-related injury and medical impairment.

The final set of guidelines proposed in regards to the loss of wage-earning capacity was a highly debated area. There were 4 proposed methods of determining the wage-earning capacity and after lengthy discussion, a consensus could not be reached. On submitting the proposal for these guidelines, the committee referred the third set of guidelines to the Workers' Compensation Board for development and final determination.

Contacting a New York Workers' Compensation Attorney 

Before you hire a New York Workers' Compensation attorney, order this complimentary consumer's guide: New York Workers' Compensation Facts and Terms, to give you an idea of the Workers' Compensation claims process. Contact a New York Workers' Compensation attorney at the Law Offices of Frank J. Dito, Jr. for more information about your case - 718-701-2776.

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