reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.8 - Payment of fees and award

Current through Register Vol. 46, No. 28, July 10, 2024
The parties to disputed chiropractic bill proceedings shall
					 each pay to the chairman a sum equal to five per centum of the amount payable
					 under such decision or $5, whichever is greater. If there is no amount payable
					 under such decision, or if the disputed bill is determined by notice of
					 settlement (A-4), each party to the proceeding shall pay to the chairman a
					 minimum expense fee of $5. The sum so collected shall be transferred to the
					 State treasury to reimburse it on account of the expense of administration.
					 Payment pursuant to the decision of the Chiropractic Practice Committee shall
					 be made as follows:
(a) If the amount
				  of the bill awarded under a decision other than a notice of settlement (A-4) is
				  more than $100, the carrier shall promptly:
(1) pay to the chiropractor the amount
				  directed in the award and decision, less the balance of the expense fee of five
				  per centum due from the chiropractor;
(2) pay to the chairman an expense fee due
				  from the carrier of five per centum of the amount directed in the award and
				  decision, plus the balance of the expense fee due from the chiropractor and
				  deducted pursuant to paragraph (1) of this subdivision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 347 - Examination Of Disputed Chiropractic Bills › Section 347.9 - Filing of notice

Current through Register Vol. 46, No. 28, July 10, 2024
All notices required to be filed with the chairman,
					 pursuant to this Subchapter, shall be deemed filed when received by the
					 chairman, Workers' Compensation Board, 180 Livingston Street, Brooklyn, NY
					 11248.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 348 - Chiropractic Fee Schedule › Section 348.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
The fee schedule applicable to chiropractic services shall
					 be the chiropractic fee schedule in effect on the date on which the
					 chiropractic services were rendered, regardless of the date of
					 accident.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 348 - Chiropractic Fee Schedule › Section 348.2 - Chiropractic fee schedule; incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chiropractic fee schedule for
				  chiropractic services shall be the Official New York Workers' Compensation
				  Chiropractic Fee Schedule, updated December 11, 2019, prepared by the Board and
				  published by OptumInsight, which is herein incorporated by reference.
(b) The Official New York Workers'
				  Compensation Chiropractic Fee Schedule incorporated by reference herein may be
				  examined at the office of the Department of State, One Commerce Plaza, 99
				  Washington Avenue, Albany, NY 12231, the Legislative Library, the libraries of
				  the New York State Supreme Court, and the district offices of the board. Copies
				  may be purchased from OptumInsight, by writing to Official New York Workers'
				  Compensation Fee Schedule, PO Box 88050, Chicago, IL 60680-9920; by telephone
				  at 1-800-464-3649, option 1; or online at
www.optum360coding.com
keyword New York or
https://www.optum360coding.com/Product/40508/
.
(c) Authorized chiropractors shall use Common
				  Procedural Technology (CPT) code 99441 (telephone evaluation and management
				  services provided to an established patient; 5-10 minutes of medical
				  discussion) when telemedicine is used in accordance with section
				  325-1.8  of
				  this Title, notwithstanding this code not appearing in the Official New York
				  Workers' Compensation Chiropractic Fee Schedule. Use of this code is limited to
				  one unit per patient per day.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.1 - Therapy treatment

Current through Register Vol. 46, No. 28, July 10, 2024
Treatment shall be rendered by a duly licensed therapist,
						upon prescription or referral which may be directive as to treatment of an
						authorized physician or in the case of physical therapy, authorized physician
						or authorized podiatrist. Treatment by a licensed therapist shall be within the
						scope of such therapist's specialized training and qualifications as defined in
						articles 136 and 156 of the Education Law. Prescription or referral by the
						authorized physician or in the case of physical therapy, authorized physician
						or authorized podiatrist, including directions as to treatment, if any, shall
						constitute a part of the record of the case.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.2 - Filing of report of attending therapist

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All therapy reports filed by an attending
					 therapist must contain his or her New York State license number, address and
					 telephone number.
(b) Every
					 therapist shall file the following reports directly with the chairman, with the
					 prescribing or referring authorized physician or in the case of physical
					 therapy, authorized physician or podiatrist, with the employer or the
					 employers' carrier, if known, and with the claimant's licensed representative
					 or attorney representing the claimant before the board upon the written request
					 of such representative or attorney accompanied by a notice of retainer and
					 consent to such transmittal signed by the claimant:
(1) within 48 hours following first
					 treatment, a 48-hour preliminary report;
(2) within 30 days after filing the 48-hour
					 preliminary report and in no event later than 32 days after first treatment, a
					 30-day report giving a complete report of injury and treatment;
(3) thereafter and during continuing
					 treatment and without further request, progress reports at intervals of 30 days
					 or less;
(4) immediately upon
					 termination of treatment, a final report regardless of the date the last
					 previous report was filed, except that where treatment is terminated within 48
					 hours following first treatment, the 48-hour preliminary report shall
					 constitute the final report if so noted thereon; and
(5) additional or more frequent reports when
					 requested by the chairman and within three workdays after such request is
					 made.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.3 - Required authorization

Current through Register Vol. 46, No. 28, July 10, 2024
All rules and regulations of the chair, relating to
						authorization for special services as set forth in section
						325-1.4 
						of this Title, are made applicable to requests for authorization for therapy
						services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.4 - Duties of superseding therapist

Current through Register Vol. 46, No. 28, July 10, 2024
A therapist, when requested to supersede another
						therapist in a workers' compensation case, must, before beginning treatment of
						such patient, make reasonable effort to communicate with the attending
						therapist to ascertain the patient's condition. The superseding therapist must
						also advise the attending therapist of the name of the person who has requested
						him or her to assume care of the case and state the reason therefor. If the
						second therapist cannot contact the attending therapist, and the claimant's
						condition requires immediate treatment, the said therapist should advise the
						therapist previously in attendance within 48 hours that the patient is now in
						his or her care. The preceding therapist shall supply the succeeding therapist
						with a complete history of the case.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.5 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
All rules and procedures of the chairman relative to
						advertising by a physician as set forth in section
						325-1.16 
						of this Title, are made applicable to therapists.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.6 - Payment of bills for treatment or services

Current through Register Vol. 46, No. 28, July 10, 2024
Bills for therapy treatment or services shall be
						submitted by a self-employed therapist to the employer or carrier together with
						a copy of the prescription or referral by the authorized physician or in the
						case of physical therapy, authorized physician or authorized podiatrist,
						including directions as to treatment, if any. Controversies as to the
						reasonable value of such charges shall be determined by an arbitration
						committee in accordance with section 13-g  of the Workers' Compensation Law and
						the rules thereunder.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-1 - Occupational/physical Therapy Care And Treatment › Section 349-1.7 - Carriers not to supply names of therapists

Current through Register Vol. 46, No. 28, July 10, 2024
Insurance carriers shall not supply names of therapists
						to their policyholders.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Chairman refers
					 to the Chairman of the Workers' Compensation Board of the State of New
					 York.
(b) Carrier refers to the
					 employer or its insurer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.2 - Notice of objection to bill

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of objection by a carrier to any bill for therapy
						care submitted by a self-employed therapist shall be given to the chairman in
						duplicate and two copies thereof given to the therapist whose bill is in
						dispute, within 30 days after such bill has been rendered, on the form (A-1)
						prescribed by the chairman for that purpose. The notice shall briefly state all
						of the carrier's objections to the bill. Where compensability of the claim is
						controverted and has not yet been determined, or where other issues requiring
						Workers' Compensation Board determination are interposed as reasons for
						nonpayment of the bill, the notice of objection shall so
						state.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.3 - Therapist's decision regarding arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of a notice of objection
					 (form A-1), a therapist may request arbitration by notifying the chairman in
					 accordance with the following:
(1) if only
					 arbitration issues are raised, the request for arbitration shall be made within
					 60 days after receipt of the notice of objection (A-1);
(2) if there are issues requiring
					 adjudication by a Workers' Compensation Law Judge in addition to arbitration
					 issues, the request for arbitration shall be made within 60 days of the filing
					 of the decision in favor of the therapist; and
(3) failure to make timely request for
					 arbitration shall be deemed a waiver of the right to arbitration.
If the therapist wishes to arbitrate the bill, he or she
						shall complete and sign the request for arbitration and forward it to the
						medical registration section together with a check to the order of the
						Chairman, Workers' Compensation Board, in the sum of $5 as a minimum
						arbitration fee. Notwithstanding any provision in this section to the contrary,
						upon application of the therapist, the chairman may for good cause shown excuse
						the therapist for the delay in filing the request for arbitration, and schedule
						the disputed bill for arbitration.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.4 - Date of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The chairman shall, from time to time, prepare a calendar
						of disputed bills and shall arrange a time and place of hearing. At least 30
						days prior to the date set for hearing, notice thereof shall be mailed to the
						therapist and carrier, advising the date, time and place of
						hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.5 - Withdrawal of objection; settlement

Current through Register Vol. 46, No. 28, July 10, 2024
A carrier may file with the chairman, not later than the
						10th day prior to the date set for hearing, a withdrawal of objection on a form
						(A-3) prescribed by the chairman for that purpose, in which event the chairman
						will refund to the therapist the $5 arbitration fee paid by such therapist. If
						the parties to the dispute settle their differences within 10 days prior to the
						date set for hearing, notice of settlement on a form (A-4) prescribed by the
						chairman for that purpose shall be signed by all parties and filed with the
						chairman on or before the date set for hearing. The parties to such a
						settlement shall each pay to the chairman a minimum arbitration fee of $5 in
						the manner provided in section
						349-2.10 
						of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.6 - Composition of arbitration committees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In accordance with subdivision (2) of
					 section 13-g  of the Workers' Compensation Law, occupational and physical
					 therapy arbitration committees shall consist of a member in good standing of a
					 recognized professional association representing either occupational or
					 physical therapists in the State of New York appointed by the president of such
					 organization, a physician designated by the employer or carrier and a physician
					 designated by the chairman of the Workers' Compensation Board, provided that
					 the chairman finds that there are a sufficient number of occupational or
					 physical therapy arbitrations in a geographical area comprised of one or more
					 counties to warrant a committee so comprised. In all other cases where the
					 value of therapy services is at issue, the arbitration committee shall be
					 similarly selected and identical in composition, provided that the therapist
					 member shall serve without remuneration, and provided further that in the event
					 such a therapist is not available, the committee shall be comprised of three
					 physicians designated in the same manner as in cases where the value of medical
					 aid is at issue.
(b) The president
					 of a recognized professional association representing occupational or physical
					 therapists in the State of New York, and the employer or carrier shall each
					 notify the chairman of the name of the arbitrator whom it has selected, at
					 least eight days before the date of the hearing.
(c) A nominee shall not be eligible to serve
					 as an arbitrator with relation to any bill rendered by a therapist or disputed
					 by a carrier with whom he or she is in any way associated.
(d) The chairman shall appoint one member of
					 the arbitration committee to serve as chairman thereof and shall also appoint a
					 secretary to such committee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.7 - Oaths, record of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The arbitrators shall be required to take the oath of
						office. The chairman shall appoint a recording clerk, who is authorized to
						administer oaths under the Workers' Compensation Law, who shall administer the
						oath, and make a record of the proceedings on the prescribed form. A
						stenographic transcript of the hearing shall not be required.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.8 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The arbitration committee shall not be bound by common
						law or statutory rules of evidence or by technical or formal rules of
						procedure, but may make such investigation or inquiry and conduct its hearing
						in such a manner as it deems proper and necessary in the premises. The
						arbitration committee may, in the event of nonappearance, decide the value of
						the disputed bill on the basis of the evidence before it. The majority decision
						of such a committee shall be conclusive upon the parties as to the value of the
						services rendered.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.9 - Decision

Current through Register Vol. 46, No. 28, July 10, 2024
The decision or award shall be signed by the arbitrators,
						and shall be filed with the chairman, Workers' Compensation Board. Copies of
						notice of decision shall be mailed to the parties to the
						dispute.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.10 - Payment of fees and award

Current through Register Vol. 46, No. 28, July 10, 2024
The parties to disputed therapy bill proceedings shall
						each pay to the chairman a sum equal to five per centum of the amount payable
						under such decision or $5, whichever is greater. If there is no amount payable
						under such decision, or if the disputed bill is determined by notice of
						settlement (A-4), each party to the proceeding shall pay to the chairman a
						minimum arbitration fee of $5. The sum so collected shall be transferred to the
						State treasury to reimburse it on account of the expense of administration.
						Payment pursuant to the decision of the arbitration committee shall be made as
						follows:
(a) If the amount of the bill
					 awarded under a decision other than a notice of settlement (A-4) is more than
					 $100, the carrier shall promptly:
(1) pay to
					 the therapist the amount directed in the award and decision, less the balance
					 of the arbitration fee of five per centum due from the therapist;
(2) pay to the chairman an arbitration fee
					 due from the carrier of five per centum of the amount directed in the award and
					 decision, plus the balance of the arbitration fee due from the therapist and
					 deducted pursuant to paragraph (1) of this subdivision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter F - Chiropractic Practice › Part 349 - Occupational/physical Therapy Practice › Subpart 349-2 - Examination Of Disputed Occupational/physical Therapy Bills › Section 349-2.11 - Filing of notice

Current through Register Vol. 46, No. 28, July 10, 2024
All notices required to be filed with the chairman,
						pursuant to this Part, shall be deemed filed when received by the chairman,
						Workers' Compensation Board, 180 Livingston Street, Brooklyn, NY
						11248.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.1 - Damage risk criteria; measurement and determination of loss of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The guide for evaluation of hearing handicap has required
					 periodic revision as new information becomes available. In 1953, a committee of
					 consultants on occupational loss of hearing issued a report to the chairman,
					 setting forth their recommendations as to how occupational loss of hearing
					 should be evaluated. In 1960, a similar committee was appointed to review the
					 rules adopted by the board pursuant to the 1953 recommendations. This committee
					 suggested certain changes in measuring of hearing loss and the criteria, which
					 were subsequently adopted. In 1979, the chairman appointed a committee to
					 review the rules and statute. It made recommendations taking into consideration
					 the two previous reports. On the basis of all the reports, new rules were
					 adopted effective October 1, 1980. Thereafter, by chapter 415 of the Laws of
					 1983, section 49-hh  of the Workers' Compensation Law was added to require that
					 the standards adopted by the board shall conform with the standards recommended
					 by the American Academy of Otolaryngology accepted by the American Medical
					 Association. In order to conform to such standards, amendments are hereby
					 adopted, effective January 1, 1984, to be applicable to disablements occurring
					 on or after such date.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.2 - Frequencies to be used in measuring industrial hearing loss

Current through Register Vol. 46, No. 28, July 10, 2024
In evaluating pure tone audiometric results, the method of
					 determining the percentage of impairment for hearing speech is to use the
					 average of the pure tone air conduction and audiometric readings at 500, 1,000,
					 2,000 and 3,000 Hz.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.3 - Point below which there is no hearing disability; point above which the inability to hear should be deemed total

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The audiometric reading below which there
				  is no hearing impairment shall be specified as 25 decibels (ANSI-1969) using
				  the average of the hearing levels at the four-speech frequencies of 500, 1,000,
				  2,000 and 3,000 Hz. In other words, if the hearing level of an individual in
				  these four frequencies averages 25 decibels or less, no hearing impairment
				  shall be considered.
(b) The point
				  at which the inability to hear should be deemed total shall be specified as 92
				  decibels re: ANSI-1969, using the average of the hearing levels at the
				  four-speech frequencies of 500, 1,000, 2,000 and 3,000 Hz.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.4 - Method of computing percentage of impairment

Current through Register Vol. 46, No. 28, July 10, 2024
For every decibel that the average hearing level of an ear
					 exceeds 25 dB, allow 1 1/2 percent up to a maximum of 100 percent. That maximum
					 is reached at 92 decibels.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.5 - Method of computing binaural percentage of loss of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
In computing the percentage of hearing impairment, the
					 binaural method of evaluation should be used. The percentage of impairment in
					 the better ear should be multiplied by five. The resulting figure is added to
					 the percentage of impairment in the poorer ear and the result divided by six.
					 The final percentage represents the binaural evaluation of hearing
					 impairment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.6 - Proper deductions for presbycusis and other nonindustrial causes of hearing impairment

Current through Register Vol. 46, No. 28, July 10, 2024
With respect to presbycusis, no allowance should be made
					 for the possible effect of age on the hearing level. With respect to the
					 possible effect of nonindustrial causes of an individual's hearing impairment
					 other than presbycusis, determination of the amount of loss due to such other
					 causes should be made by the examining otologist. The opinion of the examining
					 otologist as to the etiological factors responsible for the patient's hearing
					 loss, and the extent to which each contributed to such loss, together with all
					 other pertinent data, should be taken into consideration in fixing the amount
					 of the award to be paid.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.7 - Number of examinations needed to evaluate industrial hearing loss; fairest method of determining loss from results of successive examinations

Current through Register Vol. 46, No. 28, July 10, 2024
Examinations as to the extent of hearing impairment should
					 be performed by qualified professionals, board-certified otolaryngologists,
					 otologists or licensed audiologists, using audiometers meeting standards as
					 specified in ANSI S3.6-1969, "Specifications for Audiometers." However, the
					 diagnosis of disease process and the extent of causally related loss of hearing
					 shall be made by a board-certified otolaryngologist or otologist.
(b) The test environment should meet or
				  exceed criteria detailed in ANSI S3.1- 1960, "Criteria for background noise in
				  audiometer rooms". Internal test consistency and professional judgment should
				  determine whether a second or third test battery or other more extensive forms
				  of testing may be necessary. Pure tone audiometry (air conduction and bone
				  conduction), impedance measurements, speech thresholds and speech
				  discrimination measures shall be considered to establish the nature and extent
				  of the hearing impairment.
(c)
				  Examinations shall be made after the date of separation from harmful exposure
				  to noise in accordance with the provisions of section 49-bb  of the Workers'
				  Compensation Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.8 - Tinnitus

Current through Register Vol. 46, No. 28, July 10, 2024
Tinnitus should not be considered in determining
					 impairment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.9 - Ability to understand speech; hearing aids

Current through Register Vol. 46, No. 28, July 10, 2024
No consideration should be given to the question of whether
					 or not the ability of a claimant to understand speech is improved by use of a
					 hearing aid.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter G - Occupational Loss Of Hearing › Part 351 - Damage Risk Criteria; Standards For Measurement And Determination Of Loss Of Hearing › Section 351.10 - Acceptance of substantial compliance with criteria and standards

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the provisions of the previous sections of
					 this Part, when in a particular case there is not exact compliance with the
					 criteria and standards herein set forth, the board, nevertheless, in its
					 discretion, for good cause shown and in the interest of justice, may accept
					 substantial compliance with the criteria and standards set forth hereinabove as
					 full compliance therewith.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.1 - Employer

Current through Register Vol. 46, No. 28, July 10, 2024
Every person, partnership, association, corporation,
						legal representative of a deceased employer, or the receiver, assignee or
						trustee of a person, partnership, association or corporation, who has persons
						in employment as defined in subdivision 6 of section 201  of the Workers'
						Compensation Law is an employer; not including, however, the State, a municipal
						corporation, local governmental agency, other political subdivision or public
						authority, except that, pursuant to section 212, a public authority, municipal
						corporation, fire district or other political subdivision may elect to become a
						covered employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.2 - Employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 individual is an employee if the relationship between him and the person for
					 whom he performs services is the legal relationship of employer and employee
					 and if he is in any employment defined in subdivision 6 of section 201  of the
					 Workers' Compensation Law or in employment with an employer who has voluntarily
					 elected to provide for the payment of benefits under this law.
(b) Without limitation, superintendents,
					 managers and other administrative personnel are employees. An officer of a
					 corporation is an employee of the corporation and shall be counted as such
					 unless he is a nominal officer or receives no wages or other remuneration for
					 his services. A director acting only as a director is not an
					 employee.
(c) Excluded from the
					 definition of employee, cited as examples, are the following:
1. The spouse or a minor child of the
					 employer for whom such person renders services.
2. A duly ordained, commissioned, or licensed
					 minister, priest or rabbi in the exercise of his ministry, a sexton, a
					 Christian Science reader or a member of a religious order in the exercise of
					 duties required by such order.
3. A
					 person engaged in a professional or teaching capacity in or for a religious,
					 charitable or educational institution.
4. A volunteer in or for a religious,
					 charitable or educational institution.
5. A person participating in and receiving
					 rehabilitative services in a sheltered workshop operated by a religious,
					 charitable or educational institution under a certificate issued by the United
					 States Department of Labor.
6. A
					 recipient of charitable aid from a religious or charitable institution who
					 performs work in or for the institution which is incidental to or in return for
					 the aid conferred and not under an express contract of hire.
7. Any individual who is an independent
					 contractor.
8. A livery driver
					 covered for work-related injuries by the Independent Livery Disability Benefits
					 Fund pursuant to Article 6-G of the Executive Law.
9. A black car operator covered by the Black
					 Car Operator's Fund pursuant to Article 6-F of the Executive Law.
10. A jockey, apprentice jockey, exercise
					 person, employee of a trainer or owner licensed under Article two or four of
					 the racing, pari-mutuel wagering and breeding law, covered by the New York
					 Jockey Injury Fund, Inc. pursuant to section 221 of the Racing, Pari-Mutuel
					 Wagering and Breeding Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.3 - Employment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Service for
					 wages as defined in subdivision 11 of section 201  of the Workers' Compensation
					 Law performed in any trade, business or occupation carried on by the employer,
					 whether or not for profit, constitutes employment.
(b) Domestic service in a private home
					 constitutes employment and such service includes, without limitation, service
					 as a cook, laundress, cleaning woman, maid, butler, gardener, handyman,
					 chauffeur or valet.
(c) Temporary
					 employment means the employment for a temporary period of an employee, not in
					 casual employment, who is regularly in employment as defined in subdivision 6
					 of section 201  of the Workers' Compensation Law or regularly in the labor
					 market. Temporary employment is not an exempt employment.
(d) A student is deemed not to be in
					 employment under this law if:
(1) he is in
					 regular attendance during the daytime as a student in an elementary or
					 secondary school and performs services as a part-time worker during all or part
					 of the school year or regular vacation periods; or
(2) he is in regular attendance during the
					 daytime as a student in an elementary or secondary school and is working under
					 a cooperative work-study program approved by the State Commissioner of
					 Education and regularly operated and supervised by a local board of education.
Determination as to whether a person is or is not a
						"student" may be affected by the worker's intent as disclosed by all of the
						circumstances, that is, whether the work is a temporary job or work taken on
						and performed with usual school work and subordinate thereto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.4 - Covered employer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer
					 who has had in employment one or more employees on each of at least 30 days in
					 any calendar year, becomes a covered employer after the expiration of four
					 weeks following the 30th day of such employment. If an employer has two or more
					 employments, as defined in section
					 355.3(e) 
					 of this Part, the employer's status shall for purposes of article 9 of the
					 Workers' Compensation Law and this section be determined separately with
					 respect to each such employment. The "30 days" referred to in this section are
					 not necessarily consecutive days, but each day worked within a calendar year,
					 whether all or part of such day is worked, shall be considered a day.
(b) An employer of personal or domestic
					 employees in a private home becomes a covered employer from and after the
					 expiration of four weeks following the employment of one or more personal or
					 domestic employees who work for a minimum of 20 hours per week for such
					 employer and are employed on each of at least 30 days in any calendar
					 year.
(c) A substitute or relief
					 employee regularly in employment substituting or relieving another employee who
					 is temporarily absent shall not be counted in his or her capacity of substitute
					 or relief employee as an additional employee in determining whether the
					 employer is a covered employer.
(d)
					 An employee who has filed or is eligible to file a waiver of benefits pursuant
					 to section 235 
					 of the Workers' Compensation Law or section
					 380-2.6  of
					 this Title shall nevertheless be counted as an employee in determining whether
					 the employer is a covered employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.5 - Board, chair

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Article:
(a) Board means the Workers' Compensation
					 Board created under the Workers' Compensation Law.
(b) Chair means the Chairman, Chairwoman or
					 Chair of the Workers' Compensation Board. The term Chairman appearing in this
					 Article shall be deemed to mean "Chair."
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.6 - Plan

Current through Register Vol. 46, No. 28, July 10, 2024
A plan includes any definitive insured or properly
						self-insured program, effectively providing for employees cash disability
						benefits that differ from the benefits required to be provided under section 204  of the Workers' Compensation Law either as to rate, waiting period, maximum
						or minimum benefits, accrual of eligibility or termination of eligibility,
						duration of benefit period, or in any other respect. A plan may also provide
						benefits other than cash disability benefits. A plan may provide benefits for
						all of the employees of an employer, or for some class or classes of his
						employees.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.7 - Class of employees

Current through Register Vol. 46, No. 28, July 10, 2024
A class of employees for whom benefits are provided under
						a plan that is submitted for acceptance under subdivision 4 or 5 of section 211 
						of the Workers' Compensation Law, shall not be a class determined arbitrarily.
						In order to constitute a class of employees within the provisions of the law,
						there shall be a reasonable basis of classification, including, without
						limitation, type of work performed, work location, salary or wage scale,
						seniority or length of service, or other conditions pertaining to employment;
						or eligibility for and entitlement to benefits under title XVIII of the Social
						Security Act.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 355 - Definitions › Section 355.8 - Benefits "at least as favorable"

Current through Register Vol. 46, No. 28, July 10, 2024
Benefits under a plan shall provide for each employee, or
						for each employee of the class or classes of employees included under the plan,
						either (a) cash disability and family leave benefits, or (b) cash disability
						benefits plus other benefits directly related to disability, including, without
						limitation, benefits to reimburse or provide for hospital, medical and surgical
						care. In either case, the cash disability and family leave benefits, exclusive
						of any other benefits that may be provided under the plan, shall meet the
						requirements of section
						358-3.1 
						in order to be deemed "at least as favorable" as the disability benefits and
						family leave under section 204  of the Workers' Compensation Law. This
						section shall take effect July 1, 1989.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 356 - Temporary Contributions (january 1-june 30, 1950) › Section 356.3 - Notice of payroll deductions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each covered employer shall give notice
					 to his employees, in the following form, that the temporary contributions of
					 the employees under section 214  of the Workers' Compensation Law are to be
					 deducted from wages:
NOTICE
TEMPORARY PAYROLL DEDUCTION JANUARY 1-JUNE 30, 1950
						UNDER NEW
YORK STATE DISABILITY BENEFITS LAW
New York State Disability Benefits Law (chapter 600, Laws
						of 1949) provides that each employee of a covered employer shall make a
						contribution to establish a special fund, deposited with the New York State
						Commissioner of Taxation and Finance, for payment of weekly cash benefits to
						disabled unemployed workers during limited periods of temporary disability that
						start on and after July 1, 1950. The employer will deduct the contribution of
						his employees from wages paid during the first six months of 1950, and will pay
						an equal amount as the employer's own contribution in behalf of each of his
						employees. The contribution of each employee to this fund for the disabled
						unemployed is one tenth of one percent of the first $60 of his weekly wage, but
						his contribution will not be more than six cents a week or a maximum of $1.56
						for the entire temporary six months contribution period. This temporary
						contribution will end on June 30, 1950. Further information about disability
						benefits to be provided under the law, and the permanent contributions for
						those benefits, will be given before July 1, 1950.
MARY DONLON
Chairman,
Workers' Compensation Board,
						State of New York.
(b) Each
					 covered employer shall post this notice and keep it posted conspicuously at all
					 times during the period from January 1, 1950 to June 30, 1950, in and about the
					 employer's place or places of business. Whenever necessary in order to bring
					 notice to the attention of employees not regularly at the employer's place of
					 business the covered employer shall insert like notice in the pay envelope or
					 deliver it with wages paid for the first pay period of such employee after
					 January 1, 1950.
(c) In addition
					 to, but not in substitution for the foregoing, notice of the temporary
					 contribution may also be given in employer publications having a general
					 circulation among employees, through union publications, and in other
					 ways.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter H - Disability Benefits › Article 1 - Regulations Under Disability Benefits Law › Part 357 - Wages › Section 357.1 - Wages defined

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Wages mean
					 the money rate at which employment with a covered employer is recompensed under
					 the contract of hiring and includes every form of remuneration for employment
					 paid by the employer to his employee, whether paid directly or indirectly,
					 including salaries, commissions, bonuses and the reasonable money value of
					 board, rent, housing, lodging or similar advantage received.
(b) Board and lodging as wages.
(1) Where board or lodging is part of the
					 employee's wages under a contract of hiring, the reasonable money value thereof
					 shall be included as part of wages. Where such value has been arrived at
					 through agreement between an employer and his employees or their respective
					 representatives under the contract of hiring, such value shall be used for
					 purposes of this law. If the money value has not been so established, the value
					 fixed as a basis of compliance with any applicable law governing minimum wage
					 shall be used. If the money value has not been fixed by any of the foregoing
					 methods, the value reported under the New York Unemployment Insurance Law shall
					 be used.
(2) Where an apartment or
					 house is furnished to an employee as part of the contract of hiring, the
					 reasonable value of such accommodation shall be included as part of
					 wages.