Extreme Hardship Determination Threshold

workers comp board

The threshold for determining when a claimant with a permanent partial disability may apply to the Board for a re-determination due to extreme hardship has been lowered.

Claimants who are found to have a loss of wage earning capacity of greater than 75% may now apply for such determination (formerly the threshold was greater than 80%). This rule takes effect immediately. The rule also applies to claimants whose claims were previously adjudicated with a LWEC greater than 75%. The Board further announced that they will be issuing guidelines in the near future regarding applications for extreme hardship re-determinations.