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Glossary Check: N.Y. 'Serious Condition'

15 Feb, 2023 Frank Ferreri

                               

New York, NY (WorkersCompensation.com) -- What's a "serious condition" for workers' compensation purposes in the Empire State? Here's how New York law defines it.

"Serious condition" means:

Having one of the following severe debilitating or life-threatening conditions:

  • Cancer
  • Positive status for human immunodeficiency virus or acquired immune deficiency syndrome
  • Amyotrophic lateral sclerosis
  • Parkinson's disease
  • multiple sclerosis
  • damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity
  • epilepsy
  • inflammatory bowel disease
  • neuropathies
  • Huntington's disease
  • Post-traumatic stress disorder
  • Pain that degrades health and functional capability where the use of medical marijuana is an alternative to opioid use, substance use disorder, or as added by the commissioner

Any of the following conditions where it is clinically associated with, or a complication of, a condition under this paragraph or its treatment:

  • Cachexia or wasting syndrome; severe or chronic pain
  • Severe nausea
  • Seizures
  • Severe or persistent muscle spasms
  • Such conditions as are added by the commissioner

Currently, the following are not legally defined as serious conditions but may receive such recognition down the road: Alzheimer's, muscular dystrophy, dystonia, post-traumatic stress disorder and rheumatoid arthritis.

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    About The Author

    • Frank Ferreri

      Frank Ferreri, M.A., J.D. covers workers' compensation legal issues. He has published books, articles, and other material on multiple areas of employment, insurance, and disability law. Frank received his master's degree from the University of South Florida and juris doctor from the University of Florida Levin College of Law.

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