In many instances, a claimant who has received a schedule loss of use award requires additional surgery or simply experiences a worsening of their condition.
If the subsequent worsening can be shown to have caused an increase in the level of permanency, it may be possible for an additional monetary award for loss of function to be made. This increased award must be requested within 18 years of the date of injury or 8 years from the last date compensation was paid pursuant to Section 123 of the New York State Workers’ Compensation Law.
A claim for an increase in schedule loss of use must be based on objective findings, not simply complaints of increased pain. The Workers’ Compensation Board’s Medical Guidelines document the criteria that physicians must use in rendering permanency opinions.