New Attachment for Schedule Loss of Use Stipulations

There are two types of permanency evaluations:

  1. Schedule awards for the impairment of extremities, vision loss, hearing loss, or facial disfigurement
  2. Non-schedule classification as a permanent partial or total disability.

On October 4, 2019, in subject number 046-1211, the Board issued specific circumstances where a new attachment must be used when stipulating to schedule loss of use and non-schedule sites are also involved.

The new stipulation must be used in three situations:

  1. When there is no medical report from either party regarding the established non-schedule
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Getting the Most From the Labor Market Attachment

In New York State, the minimum requirements for the labor market attachment provide a truly low hurdle for a claimant to jump over. Rather than actually attempt to find gainful employment, a claimant usually needs to simply go through the motions: go to a one-stop career center a few times, apply to a handful of jobs each week online, or otherwise spend less than an hour each week trying to find work. So long as there is at least a colorable attempt to find work, …

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A Claimant’s Prioritization Towards Settlement

From the inception of a workers’ compensation claim, it is moving towards its conclusion, be that classification, a schedule loss of use award, or a settlement. A defense attorney will be working to move the claim towards an ideal conclusion reducing the exposure of their client. A claimant, however, will have other, often unpredictable, goals to their workers’ compensation claim.

A claimant will, by nature, focus on only aspects of their workers’ compensation claim. While the system can provide a comprehensive variety of benefits, awards, …

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Symptom Magnification and Schedule Loss of Use

In New York, work-related injuries to an extremity, such as the hands, arms, legs, fingers or toes, often result in awards associated with a permanent impairment of said extremity. Under the Workers’ Compensation Law, an injured worker may be entitled to monetary benefits for such an impairment, which are referred to as awards for schedule loss of use.

A claimant bears the initial burden of producing a medical opinion to pursue awards for schedule loss of use. This is accomplished by having his or her …

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