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The Elbow Injury: Permanency

September 16, 2011 By Paul Giannetti

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.

 

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