Schedule Loss of Use FAQ Update

Schedule Loss of Use FAQ Update

The NYS Workers’ Compensation Board has made a website update to correct a Schedule Loss of Use (SLU) calculation example within the SLU Frequently Asked Question (FAQ) page.

Below is the revised FAQ #3 within the “Calculating Loss of Use” section of the FAQs. The updated text (in the second example) is bolded.

  • How is the SLU calculated when comparing the non-affected to affected side? The impairment is determined based on the percentage of loss of range of motion when compared to the contralateral side. The contralateral limb should be used as the baseline for assessing the injured limb unless there is evidence that a prior injury to the contralateral limb resulted in ROM restrictions, or is otherwise unavailable (e.g., contralateral limb amputated).

    Example 1: When the ROM for the contralateral shoulder is not available, use the normal shoulder flexion ROM 0-180 degrees according to the Guideline table. If, for example, the claimant's ROM is 135 degrees, this results in a 20% SLU of the arm (See 2018 Guidelines, Table 5.4(a), p. 31).

    Example 2: However, if the contralateral shoulder ROM is available and flexion ROM is 0 to 160 degrees, this becomes the baseline comparison for ROM. For example, flexion ROM of the injured shoulder is 0 to 135 degrees. Under these circumstances, the claimant has no compensable loss of ROM from 180 to 160 degrees when compared to the contralateral baseline. The resulting SLU of the arm is 11.11% (20% for loss of ROM from 180 to 135, less 8.89% for no loss of ROM from 180 to 160).

Previously, the calculation was written as:
160/180 x100=89% 135 degrees=20% x 89=18% SLU

This calculation was incorrect.

To see the full list of Schedule Loss of Use frequently asked questions, visit: https://www.wcb.ny.gov/content/main/hcpp/ImpairmentGuidelines/SLU-FAQs.jsp

For more information on the Board’s Impairment Guidelines, visit: https://www.wcb.ny.gov/content/main/hcpp/ImpairmentGuidelines/ImpGuideOverview.jsp