Injured workers must support the legislation to change the Medical Treatment Guidelines
On December 1, 2010 the Workers Compensation Board turned the workers
compensation system on its head but enacting new regulations to severely restrict the
medical treatment given to injured workers. These new regulations were intended to limit
the cost of workers compensation claims and thereby reduce the premiums to be paid by
employers. Ironically, it has not had a significant impact on the insurance carriers’
requests for increases in premiums. Meanwhile they have created a significant hardship
for the injured workers seeking medical treatment.
In particular, claimants who were injured prior to December 2010 and who were
classified as “permanently partially disabled” were often told by the Workers
Compensation Judge presiding when their case was finalized that they would
receive “symptomatic treatment” for the rest of their life for the injuries of that accident.
The Board unilaterally changed that representation to deny further treatment by applying
the medical treatment guidelines.
The New York State Legislature has recognized this unfair practice and has
introduced a bill to reverse the application of the medical treatment guidelines to any
claim with an accident date prior to 12/1/2010. The legislation is known as Assembly Bill
6294 sponsored by Assemblyman Wright, Titone, and Assemblywoman Malliotakis,
among others. It was also introduced in the Senate as S3741 sponsored by Senator
Maiziarz and Lanza, among others.
I urge all injured workers who are New York State residents to contact their New
York State Assemblyman and New York State Senator and demand that they support this
bill to correct an unjustifiable suspension of the treatment to injured workers that was
granted to them in the past.
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