N.Y. Comp. Codes R. & Regs. tit. 12 § 300.34

Current through Register Vol. 46, No. 45, November 2, 2024

Section 300.34 - Special expedited hearing process

(a) Purpose. This rule is promulgated pursuant to the requirements of paragraph (d) of subdivision 3 of section 25 of the Workers' Compensation Law with regard to the special expedited hearing process for cases in which the issues have not been resolved within one year after such issues have been raised before the board, or if multiple claims arise from the same accident or occurrence, or if all parties agree to an expedited hearing, or if the chair otherwise deems it necessary. Cases in which a notice of controversy is filed are governed by section 300.38 of this Part.

(b) If, in any case, the issues have not been resolved within one year after such issues have been raised before the board, or if multiple claims arise from the same accident or occurrence, or if all parties agree to an expedited hearing, or if the chair otherwise deems it necessary, the chair or a person designated by the chair, on his or her own motion, or on motion of any party in interest, may order that the case be transferred to the special expedited hearing process.

(c) Each party shall, within twenty days after the order of transfer has been made, file with the board and serve upon all other parties a pre-hearing conference statement as set forth in section 300.33(c) of this Part if one was not filed before the transfer.

(d) Hearings in the special expedited hearing process:

(1) shall be conducted by a Workers' Compensation Law judge;

(2) shall be scheduled in such a manner so that, where appropriate, any and all outstanding issues may be addressed at one hearing; and

(3) shall be scheduled within 30 days after the order of transfer.

(e) Every legal representative or authorized representative of a carrier or self-insured employer who appears in proceedings in the special expedited hearing process shall be familiar with the facts of the case, the documents filed or to be filed, and the applicable law, and shall have the authority to negotiate and settle any and all outstanding issues, including authority to limit any issue previously raised, subject to the provisions of sections 300.5 and 300.36 of this Title.

(f) Adjournments.

(1) Adjournments in cases transferred to the special expedited hearing process shall only be granted in accordance with section 300.38 of this Part.

(2) If the adjournment is approved by the Workers' Compensation Law judge, the case shall be rescheduled as soon as practicable, but no later than 30 days following such adjournment. If the adjournment is denied, the case shall be decided on the record as it stands.

(g) If, after reviewing the request for an adjournment, the Workers' Compensation Law judge determines that the request for an adjournment is not an emergency and is frivolous, a penalty shall be imposed as follows:

(1) If the request is made by an insurance carrier, $1,000 payable to the board. If such insurance carrier is represented by a legal representative who is not an employee of the insurance carrier, the legal representative shall be responsible for the payment of such penalty.

(2) If the request is made by a claimant who is represented by a legal representative, $500 payable to the board. Such penalty shall be paid directly by the legal representative and shall not come out of the claimant's award.

(3) No penalty shall be imposed on an unrepresented claimant who requests an adjournment.

(h) Decisions solely containing determinations, directions or orders made by a Workers' Compensation Law judge in the special expedited hearing process, pursuant to paragraph (d) of subdivision 3 of section 25 of the Workers' Compensation Law and this section, except a determination of accident or occupational disease, notice, and causal relationship or a monetary award, shall be interlocutory and shall not be reviewable by the board under section 23 of the Workers' Compensation Law until the conclusion of the trial and the resolution of all outstanding issues.

(i) This section, as amended, shall take effect immediately, and shall apply to all claims filed after such date.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.34