If durable medical equipment is not addressed in the Guidelines, is a variance request required in order for the item to be supplied to the injured worker?
Yes. A variance request would be required if the durable medical equipment is not addressed in the Guidelines. • In the return to work section of the General Principles of the Guidelines, (section A.17) it describes what is included in a functional capacity evaluation and it states, “In most cases, the question of whether a patient can return to work can be answered without an FCE.” Does that mean that an FCE can be performed without requesting a variance? The General Principles describe a functional capacity evaluation to be a comprehensive or more restricted evaluation of the various aspects of function as they relate to the patient’s ability to return to work. An FCE can be performed without requesting a variance if it is clinically appropriate for the injured worker consistent with the General Principles of the Medical Treatment Guidelines, the Guidelines, and the criteria outlined in the New York Workers’ Compensation Medical Fee Schedule ground rules. • The back Guidelines recomm
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