Workers’ Compensation Board BPR Rules

The New York State Workers’ Compensation Board recently posted a notice in the New York State Register of its plans to propose the first five new rules to implement recommendations from its Business Process Reengineering Project.

The Board said it is considering new rules, but has not initiated a rule-making process.  New York State law requires state agencies to post formal rules proposals in the State Register and give the public 45 days to comment before the rules can take effect.

The first five proposals include:

  • Amending NYCRR Section 300.5 to give parties different options for entering into stipulations to resolve issues in pending workers compensation claims.
  • Amending NYCC Section313 to clarify that a board decision is not a prerequisite to the parties’ compliance with state laws and regulations.  This will also establish the criteria for the issuance of Board decisions.
  • Amending NYCRR Section 300.13 to establish the requirements for filing a request for administrative review and to establish that a deficient request can be rejected without a decision by the Board.
  • Amending NYCRR Section 300.36 to allow mediated resolution of issues in a claim using a Section 32 agreement.
  • Amending NYCRR Section 300.17 to identify the process for attorneys and licensed hearing representatives must follow when requesting fee and seeking to withdraw from representation of a client.

The Board also announced it may seek to recommend four more rules which include:

  • Revamping the rules for cross-examination in contested claims and repealing NYCRR 300.1© which currently addresses cross-examinations.
  • Using single arbiters to resolve disputed medical bills
  • Updating the medical fee schedule
  • Increasing funeral expenses to reflect increased costs.

Please follow the link below to the State Register website:

http://docs.dos.ny.gov/info/register/2015/june3/pdf/regulatory.pdf

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