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Articles by Timothy Connolly III
New RFA-2 Electronic Submission Mandate from NYS Workers’ Compensation Board
KEY TAKEAWAYS: Instructions for Adding a Representative to a Specific Case The carrier eCase Administrator may add defense counsel to notice, which will allow access to the eForm button and RFA-2. Detailed instructions may be found here: https://www.wcb.ny.gov/content/ebiz/ecase/party-of-interest-representatives.jsp To Add a Representative as a POI to a Specific Case: Select the POI tab in eCase.
New York Expands “Without Prejudice” Workers’ Compensation Payments to Medical Claims
KEY TAKEAWAYS: Effective January 1, 2027, New York carriers and self-insured employers will have expanded flexibility when handling uncertain workers’ compensation claims. Under the amended WCL § 21‑a, they may begin paying for medical treatment on a temporary basis – without conceding liability – while they assess the extent of their liability. Under the current law, the “without prejudice” option is limited to lost‑time benefits and prescribed medicine.
NYS Workers’ Compensation Board to Require Video Appearance for All Virtual Hearing Witnesses Starting in February | JD Supra
KEY TAKEAWAYS: Beginning Feb. 2, 2026, the NYS Workers’ Compensation Board will require all claimants and lay witnesses testifying in virtual hearings to appear on video with their faces fully visible on screen. If an employer witness fails to appear by video to testify, it may result in preclusion of the witness and a penalty. Employer witnesses will need to be thoroughly advised on the instructions and procedures for attending virtual hearings.
New Procedure in New York for Additional Injury Sites & Consequential Injuries | JD Supra
Key Takeaways: Starting December 2024, if the WCB receives a Request for Further Action by Legal Counsel (Form RFA-1LC) presenting prima facie medical evidence (PFME) for an unestablished injury or condition, the WCB will expedite a determination by issuing a Proposed Decision finding PFME. The carrier/self-insured employer will have 30 days thereafter to proceed with one of the following options: Accept the new body part or condition by filing a FROI-02.
New York’s Minimum Weekly Workers’ Comp Benefits to Increase Under New Law | JD Supra
Key Takeaways: New York Gov. Kathy Hochul has signed legislation (S1161-A/A2034-A) to increase the minimum weekly compensation for individuals who receive workers’ compensation benefits. The new legislation increases the minimum benefits for workers’ compensation to better protect low-wage workers who are injured and cannot work.
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