Under the New York State Workers’ Compensation Board’s Medical Guidelines from June 1996, elbow injuries resulting in permanency are finalized with a schedule loss of use award.
An amputation at the elbow or above automatically results in 100% schedule loss of use of the arm. Amputation 3 inches below the elbow is 95% loss of use and at the wrist joint it is equal to 80% loss of use.
Extensive deficits and range of motion also generate specific percentage losses of use based on the degrees of flexion and extension accomplished upon examination.
A very common condition known as epicondylitis is usually given a schedule loss of use based on range of motion deficits. However, the Guidelines allow for classification under extreme circumstances.
A schedule loss of use award translates into a dollar amount. From that dollar amount, prior lost wage payments are subtracted and what is left usually represents final payment to the claimant.
If you have a work related elbow injury and are not sure about your legal rights, please feel free to consult with our firm.