State News : New York

NWCDN is a network of law firms dedicated to protecting employers in workers’ compensation claims.


NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.  


Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.


Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.


New York

HAMBERGER & WEISS LLP

  (716) 852-0003

Rule 325-1.26

·         Treatment by chiropractors, acupuncturists, physical therapists, and occupational therapists must be done in person.

 

·         Treatment by physicians, podiatrists, nurse practitioners, and P.A.s

o    First exam in person

o    For treatment within three months of injury date, every third exam in person

o    For treatment more than three months from injury date, in person exam required every three months unless claimant at permanent MMI

§  If claimant at MMI, at least one in person exam per year required

 

·         Treatment by Psychologists and Licensed Clinical Social Workers

o    Remote visits allowed under certain circumstances

o    For treatment more than three months after the injury date, in person exam is required every three months unless claimant at MMI

o    IMEs may be done by telehealth when all parties consent and IME is not opining on permanency

 

Board Announcement

In mid-2024, the Board will start issuing notices of indexing for all cases where the file contains a C-3 or FROI-00 and a medical report which triggers the carrier’s obligation to file a Notice of Controversy