WCB-49-08-00010-P Suspension and Resumption of Benefits

12/3/08 N.Y. St. Reg. WCB-49-08-00010-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 49

December 03, 2008

RULE MAKING ACTIVITIES

WORKERS' COMPENSATION BOARD

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. WCB-49-08-00010-P

Suspension and Resumption of Benefits

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 300.23 and addition of section 300.35 to Title 12 NYCRR.

Statutory authority:

Workers' Compensation Law, sections 10(4), 15(3)(w) and 117

Subject:

Suspension and resumption of benefits.

Purpose:

To set forth the requirements for the suspension and resumption of benefits of incarcerated felons.

Text of proposed rule:

Section 300.23 of Title 12 NYCRR is hereby amended to read as follows:

(a) In any case where the carrier or employer has made payment without waiting for an award by the board, the filing of a form C-8/8.6 with the chair[man] by a carrier or an employer is not authority to suspend or reduce payments of compensation [for temporary or permanent disability in an open and pending claim] unless there accompanies it supporting evidence that the suspension or reduction of payment is in order, such as:

(1) a copy of the payroll report if the compensation rate is not based on information contained in the C-2 and is below the maximum;

(2) medical or other reports (including notice of return to work) justifying the suspension or reduction of payments, or by indicating on such notice the name and date of the medical or other reports, if they have been previously filed[.] ; or

(3) proof of incarceration upon conviction of a felony, which allows for the suspension of both wage replacement benefits and payment for causally related medical treatment.

(b) In [an] any [open] case where [an award has been made for temporary or permanent disability] the board has made an award of compensation for a temporary total or temporary partial disability at an established rate of compensation, and there is a direction for continuation of payments, the employer or carrier shall continue payments at such rate [beyond the period covered by the award], and such payments shall not be suspended or reduced until:

(1) there is filed with the [chairman] chair in the district office where the case is [pending] assigned, a notice of intention to suspend or reduce on a prescribed form accompanied by supporting evidence justifying such suspension or reduction together with proof of mailing of copies thereof upon the claimant, his/her doctor and his/her representative, and,

(2) the [chairman] chair, upon receipt of above, has scheduled a hearing or meeting or conference on the issue within 20 days during any period when regular hearings or meetings or conferences are scheduled, and there is a [determination by the referee and] finding that such suspension or reduction is justified. At said hearing or meeting or conference, if either party fails to appear or fails to submit any evidence as to the above issue, the [referee] board shall take such action as [he deems proper] is appropriate under the circumstances including continuation, suspension or reduction of the award. Cases at hearing points which do not have regularly scheduled hearings or meetings or conferences within the 20 days, may be scheduled at another available hearing point.

(3) Notwithstanding any provision to the contrary in this subdivision, the employer or carrier upon the filing of a form C-8/8.6 may suspend or reduce such payments:

(i) where a notice of return to work (form C-11), or other written substantial legal evidence of claimant's return to work, has been filed with the [chairman] chair, or

(ii) where the supporting evidence submitted therewith includes payroll records for at least two calendar weeks which warrant such suspension or reduction, or

(iii) where the claimant's medical evidence indicates that the claimant has no disability[.] or

(iv) where supporting evidence submitted therewith includes proof of incarceration upon conviction of a felony.

(c) (1) In any [closed] case where the board has made an award for compensation [has been made] for permanent total or permanent partial disability, payments shall not be suspended or modified until an application on a prescribed form[,] accompanied by supporting evidence, is made [to reopen the claim] to reconsider the degree of impairment or wage-earning capacity together with proof of mailing of copies thereof upon the claimant, his/her doctor and his/her representative and [there has been] the board has made a final determination of such application [by the board], finding that such suspension or modification is justified; provided, however, that if such supporting evidence includes [payrolls] payroll records which show earnings for at least eight weeks immediately prior to the date of the application which warrant modification of the rate fixed and evidence identifying the claimant as the person whose [payrolls] payroll records are being submitted, the employer or carrier shall continue to pay compensation at such modified rate as the evidence submitted indicates is proper, or may suspend payments if the evidence submitted supports such suspension, pending final determination of the application by the board.

(2) Notwithstanding any provision to the contrary in this subdivision, the employer or carrier may stop, suspend or reduce such payments:

(i) where supporting evidence includes proof of incarceration upon conviction of a felony, or

(ii) where compensation payable for permanent partial disability has reached the maximum benefit weeks allowed pursuant to Workers' Compensation Law Section 15(3)(w).

In either of the above circumstances, the employer or carrier must file form C-8/8.6 with the board within sixteen days of stopping such payments in accordance with Workers' Compensation Law Section 25(1)(d).

(3) Payment of death benefits shall not be suspended unless an application on a prescribed form [to reopen the claim] is made, accompanied by supporting evidence, and the board approves such suspension.

(d) Whenever an employer or carrier shall terminate medical care or refuse authorization for special medical services, prescribed form C-8.1Part A, [Notice of Termination of Care or Refusal of Authorization] Notice of Treatment Issues(s)/Disputed Bill Issue(s), shall be completed and filed with the [chairman] chair within five days after such termination or refusal, together with:

(1) medical report by authorized physician that need for medical care has ended;

(2) copy of notice to claimant's physician to discontinue medical care, or to refrain from commencing medical care, together with report of authorized physician establishing basis of discontinuance or refusal; and

(3) proof of mailing notice under paragraph (2) of this subdivision to the claimant and his physician.

(e) In any case in which a penalty has been imposed arising out of the failure to make payment of compensation according to the terms of the award within 10 days thereafter, the employer or his insurance carrier must file notice with the [chairman] chair, on board form C-8/8.6, of the payment of such penalty within 10 days after the imposition thereof.

Section 300.35 is added to 12 NYCRR to read as follows:

300.35 Resumption of Benefits upon release from custody

All those whose benefits have ceased by operation of Workers' Compensation Law section 10(4) may apply to the board for resumption of benefits upon their release from custody, by providing notice to the board of release from custody on a request for further action, Form RFA-1, and accompanied by the following information:

(a) proof of release from custody, and

(b) up to date medical evidence where the claimant has not, as of the date of conviction, been classified as permanently partially disabled.

Text of proposed rule and any required statements and analyses may be obtained from:

Cheryl M Wood, Special Counsel to the Chair, NYS Workers' Compensation Board, 20 Park Street, Room 400, Albany, New York 12207, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory Authority:

The Workers' Compensation Board (Board) is authorized to amend 12 NYCRR § 300.23, and add 12 NYCRR § 300.35. Workers' Compensation Law (WCL) § 117(1) authorizes the Board to adopt reasonable rules and regulations consistent with and supplemental to, the provisions of the WCL and Labor Law. WCL § 10(4) provides that any person incarcerated upon conviction of a felony shall be deemed ineligible for all benefits provided under this chapter. All those whose benefits have ceased by operation of this section may apply to the Board for benefits upon their release from custody pursuant to regulation of the Board. WCL § 15(3)(w) provides a limit to the number of weeks permanent partial disability benefits are payable based upon the claimant's degree of impairment where the date of accident or disability is on or after March 13, 2007.

2. Legislative Objectives:

Chapter 6, § 37 of the Laws of 2007, added a new subdivision 4 to section 10 of the WCL to deem ineligible for all benefits under the WCL those persons incarcerated upon conviction of a felony. The law further provides that upon release from custody, these individuals may apply to the Board for reinstatement of their benefits pursuant to regulation of the Board. The provision codified existing case law, except that it allows carriers and self-insured employers to suspend causally related medical treatment in addition to wage replacement benefits. Section 4 of Chapter 6 amended WCL § 15(3)(w) to create a schedule of maximum number of weeks that a claimant classified with a permanent partial disability, with a date of accident or date of disability on or after March 13, 2007, may receive indemnity benefits. The maximum number of weeks range from 225 weeks where the loss of wage-earning capacity is 15 percent or less, to 525 weeks where the loss of wage-earning capacity is greater than 95 percent.

3. Needs and Benefits:

Section 300.23 governs the requirements to suspend or reduce compensation benefits. The proposal amends several portions of § 300.23. There are five categories of changes: 1) amendments necessary to achieve compliance with the statutory changes made by the 2007 workers' compensation reform legislation; 2) amendments so the regulation reflects current Board practice; 3) structural amendments; 4) amendments that change the wording of a provision for clarity; and 5) amendments that make the rule gender neutral.

Reform Changes:

The 2007 reform legislation codified case law that claimants who are incarcerated after conviction for a felony are no longer entitled to indemnity benefits. In addition, the reform legislation eliminated the entitlement to medical benefits. The 2007 reform legislation also amended the WCL to cap the number of weeks that claimants classified with permanent partial disabilities may receive indemnity benefits. After the completion of the number of weeks set in WCL § 15(3)(w), the claimant is no longer entitled to indemnity benefits. Section 300.23 has been amended in several places to reflect the ability of the carrier to suspend or reduce compensation benefits where there is proof of incarceration upon conviction of a crime. Subsection (c) of section 300.23 has been amended by adding a new subparagraph (ii) to allow carriers to suspend payments for permanent partial disability when payments have reached the maximum number of benefit weeks under WCL § 15(3)(w). These amendments provide uniform procedures on how insurance carriers must proceed to stop paying benefits pursuant to the new provisions.

Practice Changes:

The Board no longer refers to compensation cases as being open or closed. Cases are pending or they are marked no further action. 12 NYCRR § 300.23 is being amended in several places to delete the words open, closed and reopen. Section 300.23(b) is being amended to delete the word open and to make clear that the subsection applies to any case where temporary disability awards have been made. Section 300.23(c) is amended to delete the word closed and to clarify that the subsection applies to awards for permanent disability. These changes align the regulation with current practices.

The Board decides issues in compensation cases in several other ways besides holding hearings. Issues related to settlement agreements under WCL § 32 are handled at meetings, and conferences are held in an attempt to settle issues prior to scheduling a hearing. Section 300.23(b)(2) is being amended to reflect that the Board conducts business via the use of meetings and conferences in addition to hearings. Again, these changes align the regulation with actual practice.

Issues in compensation claims in certain circumstances are decided by conciliators as well as referees. The word referee in § 300.23(b)(2) is being replaced with the word Board so as not to limit the type of employee involved in resolving compensation claims. This change allows the Board to make full use of the statutorily provided tools to resolve cases.

Structural Changes:

Section 300.23 is a lengthy rule that addresses a variety of situations pertaining to suspending or reducing benefits. Several changes have been proposed to help make the rule easier to navigate. The first un-numbered paragraph in § 300.23(b) has been numbered as paragraph (3), and lists the situations where temporary disability payments may be suspended by a carrier without a hearing. A paragraph has been added to § 300.23(c) to delineate the situations where a carrier can suspend permanent disability payments without a hearing. These changes will improve the readability of the regulation.

Clarity:

Some of the wording in § 300.23 is cumbersome. Words have been changed or rearranged to make the rule easier to read and understand. These changes can be found at § 300.23(b), § 300.23(b)(1) and (2), and § 300.23(c). These changes will also improve the readability of the regulation so it is easily understood.

Gender Neutral Changes:

Section 300.23 has been amended in several places to replace chairman with chair and to replace his with his/her.

Section 300.35 is added by this proposal to 12 NYCRR to provide direction to a claimant recently released from custody on how to reapply for benefits. The issuance of such regulation is required by the recently enacted WCL § 10(4). The addition of 12 NYCRR § 300.35 will benefit claimants released from custody by providing a process for reapplying for benefits.

This regulation provides needed direction to parties and practitioners regarding the action they may or must take when suspending or reducing benefits or seeking the resumption of benefits. By following this regulation, parties and practitioners will respond properly when a claimant is incarcerated for a felony or he/she reaches the maximum number of weeks to receive benefits.

4. Costs:

The Board estimates there will be little or no additional costs as a result of the amendments of § 300.23 and the addition of § 300.35. While the Board will have to scan the notice of release from custody and the accompanying information into the electronic case folder, the number of documents will be small as only a small number of claimants have their benefits suspended due to incarceration for a felony.

Costs may be reduced for carriers and self-insured employers because there will be clear direction on the actions carriers must take when a claimant is incarcerated after conviction. Further it is now clear that carriers and self-insured employers are no longer responsible for causally related medical expenses while claimants are incarcerated upon conviction of a felony.

New § 300.35 instructs claimants on how to reapply for benefits following their release from custody. The addition will not result in any added or reduced costs for the parties. The carriers' and self insured employers' resumption of benefits is not an added cost but a payment of causally related benefits under the WCL.

5. Local Government Mandates:

There are approximately 2300 local governments that are self-insured for workers' compensation purposes. The proposed amendments to § 300.23 and proposed addition of § 300.35 do not impose any additional responsibilities or duties on local governments. Section 300.23 relieves local governments from having to pay for causally related medical treatment while the claimant is incarcerated upon conviction of a felony. Section 300.35 provides a process for claimants released from custody to reapply for benefits. The resumption of benefits after release from custody provided adequate proof is supplied, is not an additional responsibility for local governments but rather is already required under the WCL.

6. Paperwork:

The amendments to § 300.23 will require the carrier or self-insured employer to file an application or a C-8/8.6 to suspend benefits together with proof of the claimant's incarceration upon conviction of a felony. The carrier or self-insured employer will also have to file a C-8/8.6 to suspend payments based when the cap on permanent partial disability benefits is reached. This provision reiterates the requirement in WCL § 25(1)(d) that carriers and self-insured employers must provide notice to the Board that the payment of compensation has ceased upon a form prescribed by the Chair.

In order to resume benefits, § 300.35 will require a claimant released from custody to file a form prescribed by the Board together with proof of release from custody, and up to date medical evidence where the claimant has not, as of the date of conviction, been classified with a permanently partially disability. However this is the current practice so this provision merely codifies existing law and practice.

7. Duplication:

This rule does not duplicate any existing state or federal rules. This merely sets forth the process to implement amendments to WCL § 10(4) and § 15(3)(w).

8. Alternatives:

The alternative to amending § 300.23 and creating § 300.35 would be to do nothing and rely on the newly enacted WCL § 10(4), and the newly amended WCL § 15(3)(w). This course of action is unsatisfactory because the statutes do not outline a procedure as to how a carrier or self-insured employer should suspend benefits, and § 10(4) specifically requires the Board to issue regulations on the process for reinstatement of benefits following incarceration. The requirements relative to suspension of compensation benefits are contained in 12 NYCRR § 300.23, which is the proper place to include the procedure for how a carrier or self-insured employer can suspend benefits for a claimant incarcerated upon conviction of a felony or for a claimant who has received the permanent partial disability payments for the maximum number of weeks. WCL § 10(4) provides that claimants whose benefits have ceased by operation of that provision may apply to the Board for benefits pursuant to a regulation of the Board, thereby clearly contemplates rulemaking by the Board and making the addition of § 300.35 mandatory. The Board seeks to implement the simplest process for the resumption of benefits for those whose benefits ceased pursuant to § 10(4).

9. Federal Standards:

There are no federal standards applicable.

10. Compliance Schedule:

Affected parties will be able to achieve compliance with the rule upon adoption.

Regulatory Flexibility Analysis

1. Effect of Rule:

The rule amends § 300.23 to require self-insured employers, insurance carriers, the State Insurance Fund and Third Party Administrators to file certain forms and certain evidence to suspend or stop workers' compensation benefits when a claimant is incarcerated for a felony or has reached the maximum number of benefits weeks under Workers' Compensation Law § 15(3)(w) for a permanent partial disability. The amendments also conform the rule to current practice, improve the structure of the rule and insert gender neutral and clearer language. Small businesses cannot be individually self-insured but must purchase coverage from the State Insurance Fund or private insurance carrier, or join a group self-insured trust. While neither the State Insurance Fund nor private insurance carriers are considered small employers, some group self-insured trusts and Third Party Administrators are small employers and will have to comply with this rule. There are approximately 70 active and inactive groups with claims and there are over 100 Third Party Administrators licensed by the Board, some of which are local governments. The rule changes will also affect all local governments, including the approximately 2300 that are self-insured for workers' compensation. However, if a small business or local government is not self-insured, the insurance carrier or State Insurance Fund is responsible for ensuring compliance with this rule.

2. Compliance Requirements:

To comply with the changes to 12 NYCRR § 300.23, and in order to suspend benefits, the State Insurance Fund, private insurance carriers, group self-insured trusts, self-insured local governments and the attorneys or third party administrators they may hire, some of which may be small businesses, will have to file the required form and appropriate evidence. The forms are what all businesses, carriers, and self-insureds would file in any other circumstance to suspend benefits and are not burdensome. The additional amendments to § 300.23, which include changes to conform to the Board's current practice, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate, do not impose any burden.

When a claimant files an application to resume benefits after release from custody, pursuant to § 300.35, all small businesses and self-insured local governments will proceed as they normally would when a claimant seeks to resume benefits. The addition of § 300.35 will not alter the process.

3. Professional Services:

As stated above, small businesses must be covered for workers' compensation by the State Insurance Fund, or a private insurance carrier or group self-insured trust, whose responsibility it is to either handle such matters or retain the services of attorneys or third party administrators. Such attorneys and third party administrators handle these matters regularly and the modifications and additions from these amendments do not deviate from standard workers' compensation procedures and practice. It is not anticipated that small businesses and self-insured local governments will have to secure additional professional services in order to comply with the rule changes.

4. Compliance Costs:

Compliance costs for small businesses and self-insured local governments would include filing applications to suspend payments. These particular costs should be minimal as small businesses and self-insured local governments already file the same forms for when seeking to reduce or suspend payments for other reasons. Small businesses and self-insured local governments would save money by complying with the proposed changes to § 300.23 because under the proposed changes and the newly enacted WCL § 10(4), and newly amended WCL § 15(3)(w), small businesses and self-insured governments no longer have to provide causally related medical treatment to claimants who are incarcerated upon conviction of a felony, and will no longer have to indefinitely pay permanent partial disability benefits. The Board does not know how much savings will be generated by eliminating the requirement to provide medical treatment when a claimant is incarcerated for a felony as it does not collect medical cost data. The Board also does not know how much will be saved due to the limitation on the maximum number of benefit weeks of permanent partial disability claims as it does not know how the cases will be distributed over the schedule of maximum number of benefit weeks. However, in its 2007 rate filing with the New York State Insurance Department, the Compensation Insurance Rating Board (CIRB) estimated that the caps would result in a 28% decrease in rates. The Insurance Department approved a 20.5% rate decrease in 2007, which the Department estimated would save about $1 billion in the 2007-2008 fiscal year. Based on CIRB's estimates, a large portion of the savings is due to capping of permanent partial disability benefits. The additional amendments to § 300.23 which include changes to conform to the Board's current practice, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate, should not be result in any compliance costs for small businesses and self-insured employers.

5. Economic and Technological Feasibility:

The economic costs for this rule change are negligible and it is expected that small businesses and self-insured employers will be able to comply with the changes without any new technology.

6. Minimizing Adverse Impact:

The proposal to amend § 300.23 and add § 300.35 will not cause an adverse impact on any small business or self-insured local governments. Section 300.23 outlines procedures governing when a carrier or self-insured employer can suspend benefits following a claimant's incarceration upon conviction of a felony and upon the claimant reaching the proscribed number of benefit weeks for a permanent partial disability. Procedures on how and when a carrier or self-insured employer can suspend benefits are already contained in § 300.23. The rule is amended to include a claimant's incarceration upon conviction of a felony, and the claimant's reaching the maximum number of benefit weeks for a permanent partial disability as reasons a carrier or self-insured employer may suspend benefits. The additional amendments to § 300.23 which include changes to conform to the Board's current policy, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate, should not result in an adverse impact.

The addition of § 300.35 will not cause an adverse impact on small businesses or self-insured local governments. WCL § 10(4) directs the Board to create a regulation providing for a procedure whereby claimants released from custody can apply to the Board to resume payments. A claimant has always had the opportunity to reapply for benefits following his/her release from incarceration, and § 300.35 merely outlines what a claimant is required to do in order to reapply for benefits.

7. Small Business and Local Government Participation:

The rule was reviewed by the Business Council of New York State which represents businesses, including small businesses across New York State, and the American Federal of Labor - Congress of Industrial Organization (AFL-CIO), which represents labor. Neither organization had any objection to the rule.

Rural Area Flexibility Analysis

1. Types and estimated number of rural areas:

The proposed changes will apply to all carriers, the State Insurance Fund, self-insured employers and claimants including those located in rural areas.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

To comply with the changes to 12 NYCRR § 300.23 and suspend benefits, insurance carriers, the State Insurance Fund and self-insured employers, including those located rural areas, will be required to file applications for suspension. The applications are similar to what carriers and self-insured employers file in any other circumstance to suspend benefits and will not be burdensome. The additional amendments to § 300.23, which include changes to conform to the Board's current practice, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate, are not burdensome to carrier's and self-insured employers, wherever located, including those in rural areas.

When a claimant files an application to resume benefits after release from custody, pursuant to § 300.35, insurance carriers and self-insured employers will proceed as they normally would when a claimant seeks to resume benefits. The addition of § 300.35 will not alter the process. Further, Workers' Compensation Law (WCL) § 10(4) requires the Board to adopt regulations establishing a process for the resumption of benefits. Without receiving notice from the claimant and proof of release, neither the Board nor the carrier or self-insured employer will know that benefits possibly should resume.

In order to comply with the proposed changes to § 300.23 and the addition of § 300.35 insurance carriers and self-insured employers will most likely utilize the services of attorneys, or third party administrators they already use to handle workers' compensation issues. It is not anticipated that insurance carriers and self-insured employers, including those located in rural areas, will have to secure additional professional services in order to comply with the rule changes.

3. Costs:

Compliance costs for insurance carriers and self-insured employers, including those located in rural areas, would include filing applications to suspend payments, and opposing applications to resume benefits. These particular costs should be minimal as insurance carriers and self-insured employers are already set up to deal with these types of situations. Insurance carriers and self-insured employers, including those located in rural areas, will save money by complying with the proposed changes because under the proposed changes and the newly enacted WCL § 10(4) and newly amended WCL § 15(3)(w), small businesses and self-insured governments no longer have to provide causally related medical treatment to claimants who are incarcerated upon conviction of a felony, and will no longer have to indefinitely pay for permanent partial disability benefits.

The additional amendments to section § 300.23 which include changes to conform to the Board's current policy, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate should not result in any additional costs to carriers and self-insured employers including those located in rural areas.

4. Minimizing adverse impact:

The proposal to amend § 300.23 and add § 300.35 will not cause an adverse impact on insurance carriers and self-insured employers, including those located in rural areas. Section 300.23 outlines procedures for when a carrier or self-insured employer can suspend benefits following a claimant's incarceration upon conviction of a felony and upon the claimant reaching the proscribed number of benefit weeks for a permanent partial disability. Procedures on how and when a carrier or self-insured employer can suspend benefits are already contained in § 300.23. The rule is amended to include a claimant's incarceration upon conviction of a felony and the claimant's reaching the maximum number of benefit weeks for a permanent partial disability as reasons a carrier or self-insured employer may suspend benefits. The additional amendments to § 300.23 which include changes to conform to the Board's current practice, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate, should not result in an adverse impact on insurance carrier and self-insured employers, including those located in rural areas.

The addition of § 300.35 will not cause an adverse impact on insurance carriers or self-insured employers, including those located in rural areas. WCL § 10(4) directs the Board to create a regulation providing for a procedure whereby claimants released from custody can apply to the Board to resume payments. A claimant has always had the opportunity to reapply for benefits following his/her release from incarceration, and § 300.35 merely outlines what a claimant is required to do in order to reapply for benefits.

5. Rural area participation:

The rule was reviewed by the Business Council of New York State which represents businesses, including those located in rural areas across New York State. The Business Council had no objections to the rule. The rule was also reviewed by the AFL-CIO on behalf of injured workers, which did not have any objections.

Job Impact Statement

The amendment to § 300.23 will add the claimant's incarceration upon conviction of a felony and the claimant reaching the maximum number of benefit weeks for a permanent partial disability as reasons a carrier or self-insured employer may suspend benefits. The amendments to § 300.23 also include changes to conform to the Board's current practice, the addition of gender neutral language, and changes to the wording and the format of § 300.23 in order to make the rule easier to understand and navigate. The addition of § 300.35 outlines the steps a claimant must take in order to reapply for benefits after release from custody. It is apparent from the nature and purpose of the rules that there will be no substantial adverse impact on jobs or employment, and therefore a Job Impact Statement is not required.