NY comp board announces expedited process for expanded injury claims

The New York Workers Compensation Board starting in December announced that it will use a new procedure to expedite claims for additional sites of injury and consequential injuries suffered by injured workers.

If the board receives a “Request for Further Action by Legal Counsel” form presenting prima facie medical evidence for an unestablished injury or condition, the board will expedite a determination by issuing a proposed decision.

Unless the insurer contends that the finding of the board was made in error, there should be no objection to the proposed decision.

Within 30 days, if the insurer accepts the new body part or condition, it should notify the board. If it does not accept the new body part of condition, it should proceed with development of the record by either obtaining an independent medical examination within 60 days or waiving such an exam and cross-examining the claimant’s health care provider within 60 days.