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8 units may apply to various specialties
Fee Schedule

8 units may apply to various specialties

By Jason Tenenbaum 8 min read

Key Takeaway

NY Workers' Compensation Board clarifies 8 RVU limitation rules for physical therapy and chiropractic treatment in no-fault insurance claims.

This is from the Vice President of James Skelton, Esq., from AAA today (4-23-18) – It is for everybody’s edification:

Dear Jason – The Workers’ Compensation Board has recently advised the Department that the following email regarding PT rules is not the Board’s official position. If you have any questions, please contact Chris Maloney at chris.maloney@dfs.ny.gov or (212) 480-5586.

Christopher Maloney
Supervising Insurance Examiner
Property Bureau – Claims Administration Unit

New York State Department of Financial Services
One State Street Plaza, 6th floor, New York, NY 10004+1511

Ph: (212) 480-5586 | Fax: (212) 709-1570 | chris.maloney@dfs.ny.gov

www.dfs.ny.gov

From: MacMaster, Heather (WCB)
Sent: Tuesday, January 30, 2018 3:59 PM
To: Maloney, Chris (DFS) Chris.Maloney@dfs.ny.gov
Cc: Woods, MaryBeth (WCB) MaryBeth.Woods@wcb.ny.gov; Smith, Steven (WCB) Steven.Smith@wcb.ny.gov
Subject: Fee Schedule: PT rules

Chris:

Here is the PT information from our MDO.
The 8 RVU limitation is per patient per day regardless of how many body parts are treated or how many practitioners treat. The only exception is with chiro and PT. If a chiro renders manipulation only (98940-98943) and does not bill any of the other physical medicine codes, the injured worker could receive chiro and PT on the same day. This scenario is usually performed by a chiro who is affiliated with the Chiropractic Council. They only perform manipulation.
The physical medicine codes that are impacted by the 8 RVU limitation are in the chiro physical medicine fee schedule but the codes for spinal manipulation are not in the general physical medicine fee schedule.

Thanks,
Heather

Heather MacMaster
Deputy General Counsel

NYS Workers’ Compensation Board
328 State Street, Schenectady, NY 12305
(518) 486-9564 | heather.macmaster@wcb.ny.gov
http://www.WCB.NY.Gov

Confidentiality Notice: All contents of this message, including any attachments, may be confidential and/or legally privileged. Contents are intended for the recipient only. Any other use, dissemination or disclosure is unauthorized. If you are not the intended recipient, please notify the sender and delete the message and any attachments immediately.

James Skelton
Vice President
American Arbitration Association
32 Old Slip, 33rd Floor, New York, NY 10005
www.adr.org
T: 917 438 1562

Our office has moved. The new address is 32 Old Slip, 33rd fl, New York, NY 10005

The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you.


Legal Update (February 2026): Since this 2018 post regarding the 8 RVU limitation for physical therapy services, the Workers’ Compensation Board’s fee schedule and reimbursement guidelines may have been substantially revised. Practitioners should verify current RVU limitations, co-treatment rules between chiropractors and physical therapists, and any updated physical medicine billing codes with the WCB and Department of Financial Services, as these provisions are subject to periodic regulatory amendments.

Filed under: Fee Schedule
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (5)

Archived from the original blog discussion.

G
Guac-Croc
OK, now that we know what the Board’s official position is not, what is it then?
B
Bumble-Bee
If their position is not “The 8 RVU limitation is per patient per day regardless of how many body parts are treated or how many practitioners treat,” It could be their position the 8 RVU limitation is PER practitioner?
J
jtlawadmin Author
Looks to be they are taking a hands off position now. It is irresponsible.
F
Fonzanoon
From what I understand, AAA was perfectly happy to allow the email to be used in the awards, but unwilling to provide a copy of it. Once it got out there, and disavowed, suddenly they want to keep everyone abreast of the situation? This was poorly handled all around.
J
jtlawadmin Author
There is a certain undercurrent of which you are not aware. WC exists in a secretive vacuum. The ALJ’s are staff members of comp and do what they are told. Thus, the ALJ’s apply 8 units across the spectrum (I suspect ** Awaiting FOIL response to prove this **) and apply the Medicaid ground rules for CPM (was told this) after an adverse 2016 board decision. Therefore, WC does not want to publish opinions, get into the middle of any disputes or expose what goes on behind closed doors. Suffice it to say, DFS went out on a limb to get the opinion and then had to eat spoiled pie when WC did what they always do: turn the other cheek.

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