At the end of 2012, the Workers’ Compensation Board issued the New York State Guidelines for Determining Permanent Impairment and Loss of Wage Earning Capacity. Although the Board’s 2012 Guidelines largely adopted the Disability Duration Guidelines that had been proposed by the Insurance Department, they did not include meaningful guidance about how much weight should be assigned to an injured worker’s functional capacity or vocational factors. We wrote an article identifying the issues and making suggestions about a path the Board could follow to create a workable set of standards in deciding these issues. Our article was published by the Syracuse LawReview, a publication of the Syracuse University Law School.
Read The Use of Medical Impairment, Functional Loss and Vocational Factors here: