Permanency just got set. Verify the math. Decide on appeal — or settlement — fast.
What's happening
The judge has set the permanency level. If SLU, the award is a fixed number of weeks at your indemnity rate, typically paid out over time (with credit for periods of TTD/TPD already paid). If non-schedule classification, the LWEC drives both your ongoing rate and the duration cap. The carrier has its number; you have yours. The next 15-30 days determine the case's trajectory.
What comes next
- Verify the math. SLU: confirm the percentage, the body-part schedule weeks (e.g., 312 weeks for an arm, 288 for a leg), the apportionment if any, the credit for TTD/TPD periods. Non-schedule: confirm the LWEC percentage and the resulting cap weeks. Use the SLU Estimator for SLU body parts; check rates against the Weekly Rate Calculator.
- Evaluate appeal grounds. A Notice of Decision can be appealed by filing a request for administrative review (RB-89) within the statutory window. Grounds include wrong SLU percentage, wrong LWEC, wrong AWW underlying the calculation, wrong apportionment, errors of law. The window is short.
- Decide whether to take the award as paid or seek Section 32. An SLU paid out over years differs in present value, finality, and Medicare implications from a lump-sum Section 32 settlement. Non-schedule classifications similarly produce a choice between ongoing capped weekly benefits and a settled lump sum.
- Coordinate with pension/disability retirement. For public-sector workers, the WC classification interacts with §207-a, §207-c, ADR/PODR, civil service disability retirement, Tier disability. Sequencing and coordination matter.
- Plan ongoing medical. Treatment doesn't end at classification. Maintenance care, periodic injections, surgery for related complications, mental health — all continue to be compensable, but the authorization environment changes post-classification.
Common pitfalls at this stage
- Not verifying the math. SLU calculations involve multiple variables; errors are common. Carriers sometimes use the wrong AWW, the wrong schedule weeks, or wrong apportionment. The decision is only as good as its inputs.
- Missing the appeal window. Administrative review deadlines are short and strictly applied. A wrong decision that isn't appealed becomes the final decision.
- Settling immediately under pressure. Carrier Section 32 offers immediately after classification are leverage plays. Mature settlement value typically differs from first-offer value.
- Not coordinating pension and WC. Public-sector workers commonly leave significant money on the table because the WC settlement, the pension benefit, and the line-of-duty benefit weren't coordinated.
Tools, FAQs, and pages relevant to this stage
When to call now
Immediately. The 15- to 30-day appeal window is short. Settlement decisions made under post-classification pressure are usually worse than ones made after deliberate evaluation. The math errors that creep into permanency decisions are real money — six figures isn't unusual on a wrong LWEC.
Attorney Advertising — Educational Use Only. This page provides general information about New York workers' compensation. It is not legal advice and does not create an attorney-client relationship. Every case turns on its facts. For analysis of your matter, contact Levi directly.