What is extreme hardship redetermination?What is extreme hardship redetermination?


Extreme hardship redetermination means that a claimant can request to be reclassified to Permanent Total Disability or Total Industrial Disability due to extreme hardship. Information on this classification can be found in New York State Workers’ Compensation Law Section 35(3). The Workers’ Compensation Board defines an extreme hardship as one that “exceeds the usual or expected, and may include information about expected retirement income.” To determine whether a hardship is considered extreme, judges “will consider the evidence provided in Form C-35 regarding the value of the injured worker’s assets, monthly expenses, and household income from a spouse or other people in the household. Judges will also consider any other factors listed in the injured worker’s application for reclassification.”