• Menu
  • Skip to main content
  • Skip to secondary navigation
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • Search
  • About
  • Contact
  • Privacy
 
CHOOSE BROADSPIRE

Amaxx Workers Comp Blog

Reduce Workers Compensation Costs By 20-50%

Header Right

  • Home
    • Training Center
  • Get Started
    • Newcomers Class for WC Professionals
    • Subscribe to Free Newsletter
    • Free Training Center Account
    • Return to Work Resources
    • WC Claims Mgmt. Resources
    • Insurance Advisor Resources
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login

Mobile Menu

Choose Broadspire

CHOOSE BROADSPIREBroadspire Delivers Meaningful Results to Our Clients and Their Claimants
  • Home
    • Training Center
  • Get Started
    • Newcomers Class for WC Professionals
    • Subscribe to Free Newsletter
    • Free Training Center Account
    • Return to Work Resources
    • WC Claims Mgmt. Resources
    • Insurance Advisor Resources
  • Membership
    • Insider (free account)
    • WC Mastery
    • Teams & Managers Mastery
    • Training Partners
  • Products
    • On-Demand Courses
    • Specialty Courses
    • Certifications & Mastery Courses
    • Ultimate Guidebooks
  • Blog
    • Video Blogs
    • COVID-19 / Coronavirus Pandemic
  • Login
  • Search
  • About
  • Contact
  • Privacy
You are here: Home / Medical Cost Containment / Medical Issues / Confusion Over New York Work Compensation Guidelines: Medical Treatment and Disability Duration Settlement

Confusion Over New York Work Compensation Guidelines: Medical Treatment and Disability Duration Settlement

November 27, 2010 By //  by Attorney Theodore Ronca Leave a Comment

Simultaneously, several sets of different guidelines are in various stages of enactment in the New York workers’ compensation system. When in full force, these guidelines will surely change the entire structure of litigation at the WCB. But even now there is occurring insidious erosion which will lead to a year or more of confusion and incorrect decision making in the claim defense process. The problem is – the “Tyrannny of Words”.

 

There are, in fact, five different sets of guidelines, four involving medical treatment and one involving measurement of permanent loss of wage earning capacity. (WCxKit)

 

The medical treatment guidelines, formally published on 6/30/10, will go into full effect on 12/1/10.

 

The “Disability Duration Guidelines” are, at this point, only proposed. On 10/13/10, Robert Beloten, the Board Chair, sought “comment” on the proposed Disability Duration Guidelines. Beyond that, no date has been set for when these guidelines might go into effect, but it is felt that they will be in effect within one year.

 

What is causing confusion is the use of the words “guideline” and “medical”. Since all five sets are being discussed, and since none are fully in effect, many assume that there is on set of guidelines which covers both medical treatment and measurement of permanent partial disability. All five use the term “guideline” and the term “medical”. However, in the four treatment guidelines “medical” refers to ongoing treatment, regardless of extent of patient “disability”. In the Disability Duration Guidelines “medical impairment” refers to permanent conditions which have been the subject of medical treatment related to the injury of the claim, even if medical treatment has ceased. “Disability duration” measures the maximum weeks of payment for certain permanent injuries.

 

Although guidelines for disability duration presently have no set date for coming into effect, the section awarding benefits for non-schedule permanent partial disability IS in effect. (WCL, Sect. 15(3)(w) eff. 3/13/07) Awards are being made, even without proposed guidelines, using whatever sources of relevant evidence are available. (WCxKit)

 

Employers and claims units are advised to carefully determine what is being discussed or asked whenever the word “guideline”, “medical” or “disability” are used in the discussion of ongoing claims. The text of all guidelines is available on the WCB website.

 

Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, New York. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans, and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.

 

FREE TOOLS

WC BOOKS:   http://www.LowerWC.com/workers-comp-books-manuals.php

WORK COMP CALCULATOR:   http://www.LowerWC.com/calculator.php

MODIFIED DUTY CALCULATOR:   http://www.LowerWC.com/transitional-duty-cost-calculator.php

 

JOIN WC LINKEDIN GROUP:  http://www.linkedin.com/groups?homeNewMember=&gid=1922050/
NEWSLETTER:    Workers Comp Resource Center Newsletter

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.

 

©2010 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com.

 

Filed Under: Medical Issues, NY Workers Comp Issues, Settling WC Claims Tagged With: medical, New York Workers Comp Issues

Related Articles

Know Why You MUST Retain Settlement Authority and How Much You Need

Know Why You MUST Retain Settlement Authority and How Much You Need

Tips for a Successful Workers’ Comp Mediation

Tips for a Successful Workers’ Comp Mediation
settlement consultant

4 Steps to Settle More Workers’ Compensation Cases

4 Steps to Settle More Workers’ Compensation Cases

Tactics to AVOID When Settling Workers’ Compensation Claims

Tactics to AVOID When Settling Workers’ Compensation Claims

6 Tips for Successful Mediations by a Claim Handler

6 Tips for Successful Mediations by a Claim Handler

The Clear Indicator To Start Working on Settling a Workers’ Comp Claim

The Clear Indicator To Start Working on Settling a Workers’ Comp Claim

Mediation to Successfully Settle Workers’ Comp Claims

Mediation to Successfully Settle Workers’ Comp Claims

The Work Comp Tool Box: Employing Creative Strategies to Settle Cases

The Work Comp Tool Box: Employing Creative Strategies to Settle Cases

Properly Prepare A Confidential Mediation Statement

Properly Prepare A Confidential Mediation Statement

Ensure Closed Settlement Agreements Are Not Reopened

Ensure Closed Settlement Agreements Are Not Reopened

Workers’ Comp Mediation – Getting to “YES”

Workers’ Comp Mediation – Getting to “YES”

You’re Fired! Using Employment Release and Resignations in Work Comp Cases

You’re Fired! Using Employment Release and Resignations in Work Comp Cases

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Free Download

The 6-Step Process To Determine Workers' Comp Injury Causation - FREE Download Click Here Now!

Free Download

The 5 Cs For Taking A Bulletproof Injured Worker Recorded Statement - FREE Download Click Here Now!

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Free Download

8 'Think Outside The Box' Tactics To Settle Workers' Comp Claims - FREE Download Click Here Now!

Train to Succeed

BECOME CERTIFIED IN WORKERS’ COMPENSATION

Proven Course Catalog & WC Toolbox Give You The Power To Achieve Lower Costs and Better Injured Worker Outcomes

VISIT WORKERS' COMP TRAINING CENTER

Previous Post: « Six Types of Employees to Avoid
Next Post: Report: Employees & Inmates Needlessly Exposed to Excessive Heavy Metals »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

FREE DOWNLOAD

The 6-Step Process To Determine Workers' Comp Injury Causation - FREE Download Click Here Now!

FREE DOWNLOAD

The 5 Cs For Taking A Bulletproof Injured Worker Recorded Statement - FREE Download Click Here Now!

FREE DOWNLOAD

8 'Think Outside The Box' Tactics To Settle Workers' Comp Claims - FREE Download Click Here Now!

Our Sponsors

Ametros

Post-Settlement Administration
 

Broadspire

Workers’ Comp 3rd-Party Administrator
 

Catastrophic Care Management, Complex Care, and Specialty Networks
 

Medcor

Injury Triage, Onsite Clinics

Read Our Award-Winning Blog

Blog Categories

Search Our Archive

Subscribe to Our FREE Newsletter

Footer

Search Our Archive

Search our continually growing archive of over 2500 articles about Workers' Comp issues.

Quiclinks

  • Calculators
  • Terms & Abbreviations
  • Glossary of WC Premium Terms
  • WC Resources
  • Best Practices
  • Industries

RSS Recent Blog Posts

  • Hire Lawyers, Not Law Firms to Defend Workers’ Comp Claims
  • Timely Reporting Claims Is First Step In Work Comp Management
  • Using Defense Attorneys to Defend Work Comp Cases
SUBSCRIBE TO OUR FEE NEWSLETTER
Let Us Help You Stomp Down the High Cost of Workers' Comp!
Top of Page ↑
  • Home
  • Training Center
  • Get Started
  • Membership
  • Products
  • Blog
  • About
  • Contact
  • Subscribe
  • Login
Copyright © 2021 Amaxx, LLC. All Rights Reserved. · Privacy Policy / Legal Notice