Shoulder Schedule Loss of Use (SLU) in NY Workers' Comp

The arm is worth 312 weeks. A shoulder SLU award is a percentage of that — paid as a lump sum.

TL;DR

• A shoulder SLU is calculated as a percentage of the 312-week arm value under WCL §15(3).
• The 2018 NY Impairment Guidelines drive the percentage from range of motion deficits, surgical history, and special considerations.
• A 25% SLU on the arm = 78 weeks of indemnity, paid at your WC rate, as a lump sum.
• IME reports routinely lowball shoulder SLU through measurement tricks. The IME Red Flag Checker catches the common ones.

What an SLU award is

Schedule Loss of Use under WCL §15(3) is a lump-sum award paid for permanent partial loss of use of a scheduled body part. The arm is scheduled at 312 weeks. The shoulder is the proximal joint of the arm, so a shoulder injury that produces permanent impairment is valued as a percentage of the arm.

The math:

SLU % × 312 weeks × your weekly WC rate = lump sum

Example: 25% SLU on a $1,000/week rate = 0.25 × 312 × $1,000 = $78,000, less the weeks already paid as TTD/TPD.

The SLU Estimator runs this calculation for you with the 2018 Impairment Guidelines plugged in.

How the percentage is calculated

The 2018 New York State Workers’ Compensation Guidelines for Determining Impairment govern. For the shoulder, the percentage is derived from:

Range of motion deficits. Six planes of motion — forward flexion, extension, abduction, adduction, internal rotation, external rotation — each measured against a normal benchmark. Deficits convert to defect values per the Guidelines tables.

Surgical adjustments. Specific shoulder surgeries (arthroscopic repair, open repair, labral repair, biceps tenodesis, AC joint reconstruction, rotator cuff repair, total shoulder arthroplasty, reverse total shoulder arthroplasty) carry minimum SLU values regardless of the ROM finding. A rotator cuff repair, for instance, generally carries a minimum SLU on the arm that the carrier cannot drop below.

Special considerations. Atrophy, weakness, instability, persistent dislocation, hardware, infection, chronic pain syndromes — each can add to the percentage.

Apportionment to prior injury. If you had a prior shoulder injury or claim, the percentage attributable to this injury may be less than the total impairment. This is contested in nearly every case with a prior issue.

What I see go wrong in shoulder SLU cases

ROM measurements taken cold. A proper ROM exam involves the examiner warming the joint, observing both active and passive ROM, and taking multiple readings. IMEs are sometimes done with a single forced measurement, generating artificially high numbers.

Wrong measurement plane. The Guidelines specify particular planes and starting positions for shoulder ROM. IME measurements are sometimes taken from non-standard starting positions, inflating apparent ROM.

Minimum value ignored. When the claimant has had a qualifying surgery, the Guidelines minimum is binding. IME reports sometimes give a percentage below the minimum without acknowledging the surgery. Flag this every time.

“No objective findings” language. IME reports describing the claimant as having “no objective findings” of impairment when there’s clear surgical history, atrophy on examination, or imaging support. This is the most common IME problem on shoulder cases. See the IME Red Flag Checker.

Apportionment without basis. Splitting the SLU between this injury and a prior shoulder issue without medical foundation for the split. Apportionment requires a competent medical opinion, not just a citation to a prior MRI.

Common shoulder injury patterns by occupation

• MTA / NYCT operators and conductors — rotator cuff and labral injuries from cab door operation, lifting wheelchair ramps, restraining unruly passengers
• FDNY EMS — rotator cuff tears from stretcher work, lifting patients, carrying equipment up stairs
• Correction officers — labral and rotator cuff injuries from restraint and use-of-force incidents
• Healthcare workers — patient-handling injuries (transfers, repositioning)
• NYCHA / municipal maintenance — overhead work, lifting heavy materials, ladder work
• Construction — falls, struck-by injuries, repetitive overhead work

What to do next

Run the SLU Estimator for a range-of-motion-based shoulder calculation using the 2018 Guidelines. If your IME report is the basis of a proposed SLU and you have concerns, run the IME Red Flag Checker first.

Contact me directly for a free consultation on shoulder SLU value and IME challenges.

Frequently asked questions

How much is a NY shoulder SLU worth?

A NY shoulder SLU is calculated as: SLU percentage × 312 weeks × your weekly WC rate. A 25% SLU at the maximum rate of $1,222.42 produces about $95,000. At a $1,000/week rate, the same 25% SLU produces $78,000. Use the SLU Estimator for case-specific numbers.

What is the minimum SLU after rotator cuff repair?

Under the 2018 NY Impairment Guidelines, a rotator cuff repair carries a minimum SLU percentage on the arm regardless of subjective outcome. IME reports calling a post-repair patient ‘0% SLU’ are inconsistent with the Guidelines and should be challenged.

Does a labral repair get SLU in NY workers’ comp?

Yes. Labral repair (SLAP repair, Bankart repair) is among the shoulder procedures with minimum SLU values under the 2018 Guidelines. The percentage depends on the procedure, ROM outcome, and any associated rotator cuff or biceps work.

How is shoulder range of motion measured for SLU?

The 2018 Guidelines specify six planes — forward flexion, extension, abduction, adduction, internal rotation, external rotation — each measured from a defined starting position with a goniometer. ROM measured without a goniometer, or from non-standard starting positions, is not Guidelines-compliant.

Related pages

• Schedule Loss of Use — knee
• Schedule Loss of Use — hand and finger
• What is a Schedule Loss of Use award?
• What is an IME and can I refuse one?
• FDNY EMS Workers’ Comp
• MTA Workers