Reviewed against NYS WCB primary sources · Last reviewed August 2026
When healing stops
Permanency, MMI & classification in New York
Once your condition stops improving, your claim shifts from "temporary" to "permanent," and how you're classified decides how long you get paid. This is the most consequential stage of a serious claim.
Key facts
- Maximum Medical Improvement (MMI) is the point your condition has stabilized and isn't expected to improve — permanency is assessed then.
- An extremity/eye/hearing injury is paid as a Schedule Loss of Use (fixed weeks).
- A back, neck, or systemic injury is classified and paid on your loss of wage-earning capacity, capped at 225–525 weeks.
- Permanent total disability is paid for life.
The two paths to a permanent award
Scheduled
Schedule Loss of Use (SLU)
For arms, legs, hands, feet, fingers, eyes, and hearing. A doctor assigns a permanent loss-of-use %, and you get a fixed number of weeks. See the schedule & values →
Non-scheduled
Classification (LWEC)
For the spine and systemic conditions. The Board sets your loss of wage-earning capacity, which caps the number of weeks. How benefits work →
Why the fight is hereThe permanency percentage and classification decide the value of your case — often hundreds of thousands of dollars — so both sides get medical opinions and it's frequently litigated. It's also the point most cases move toward a Section 32 settlement.
Sources for this page