Provided by: Jennifer Kirschenbaum, Esq.

 March 24, 2011



A small percent of my practice is workers compensation and I heard there are new guidelines out. What do I need to know and where can I find it?




New guidelines were issued and all healthcare providers rendering care to worker compensation patients are required to adhere to those guidelines at this point (post-December 1, 2010) regardless of the date of injury. The best place I would recommend to start acquainting yourself with the updated policy is the Workers Compensation website -

One of the provisions of particular interest to practitioners I have discussed the modifications with are as follows:

RE-EVALUATE TREATMENT If a given treatment or modality is not producing positive results, the provider should either modify or discontinue the treatment regime. The provider should evaluate the efficacy of the treatment or modality 2 to 3 weeks after the initial visit and 3 to 4 weeks thereafter. Reconsideration of diagnosis should also occur in the event of poor response to a rational intervention.

In conjunction with the re-evaluation process, the guidelines stipulate that a provider disagreeing with approved treatment may only provide treatment varying from the Guideline's stated course by applying for a variance - which poses an additional bureaucratic hurdle in front of potential appropriate care. See 12 NYCRR s. 324.3.

Needless to say, the updated guidelines present with significant modifications that must be incorporated into your practice if you accept workers compensation patients. For additional information visit the Workers Comp website where free web-based training is offered.


For additional information on this topic, contact Jennifer Kirschenbaum at (516)-747-6700 ext. 302 or at


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