On November 22, 2017, the Workers’ Compensation Board released a revised version of proposed amendments to its guidelines for permanent impairment. The November version is a substantial improvement over the previous version that was released in September. The WCA’s letter to the Board about the revised proposals is here, and our full analysis and comments can be found here.

The WCA would like to thank Governor Cuomo, WCB Chair Clarissa Rodriguez, the New York State Assembly Majority, the New York State Senate Democrats, the Independent Democratic Conference, and others who listened to the concerns of injured workers and worked tirelessly to ensure that their right to compensation for permanent limb injuries was preserved. We look forward to continuing the campaign to improve the workers’ compensation system in the upcoming legislative session.

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Our Message


I strongly oppose the Workers’ Compensation Board’s proposed regulations and impairment guidelines, which would drastically cut compensation awards for injured workers who have forever lost some or all of the use of their limbs. The regulations and guidelines would:

• Significantly impair the ability of injured workers to offer evidence in support of their claims and to obtain fair and just compensation;

• Render injured workers subject to intimidation and investigatory abuse by employers, insurers, and the so-called “independent” medical examiners they employ;

• Drastically reduce, and in most cases eliminate, compensation for permanent injuries to limbs, including: fractures; torn ligaments, tendons, and cartilage; dislocations; and surgery up to and in some cases including total joint replacement; and

• Improperly permit the Board to substitute its judgment for the provisions of the law.

The proposals completely disregard the Legislature’s direction to update its guidelines based on “advances in modern medicine.”  Instead, the regulations and guidelines reflect a wholesale revision of forms, process, regulations and guidelines in a manner calculated to eliminate compensation benefits for injured workers.

I urge you to support New York’s injured workers by objecting to these destructive proposals. We must protect workers in New York State.

Thank You