The WCA Opposes M.A.P.
American Jurisprudence is based upon involved parties having their ‘day in court’. While the New York Workers Compensation Law is administrative in nature, basic principles of due process, fairness and the right to be heard are part of the fundamental foundation of a system that is almost 100 years old.
“The Worker”s Compensation Alliance firmly opposes the implementation of the so called “Managed Adjudication Path” ( MAP) recently touted by administrators at the Worker’s Compensation Board.
Such a program envisions the Board issuing “ desk orders” in non-disputed cases after senior staff attorneys or administrative law judges review documents in the electronic case file and make a decision on the merits of the case without interviewing any of the parties, without taking any testimony, and without listening to any of the arguments of counsel .
Aside from the obvious technical difficulties with such a procedure (ie: missing issues not readily apparent from the documents in the ECF,failing to grasp the nature and scope of claims or defenses and their legal import, and disenfranchising the parties to the proceedings by failing to provide an adequate mechanism for them to be heard in an open forum) the proposed MAP program is clearly contrary to the spirit and intent of the Workers Compensation Law.
There is no provision in the Workers Compensation Law which allows for the cursory review of claims as envisioned by the MAP program in the absence of a hearing and in the absence of the parties.. In fact,the provisions of the Workers Compensation Law REQUIRE that a mandatory hearing be held “upon application of either party” to the proceedings.Furthermore, a fair reading of the statute would preclude decision making in the absence of a live hearing before an administrative law judge since the statute envisions that there may be multiple live hearings until “a final determination awarding or denying compensation” is made.
The right to a fair hearing to resolve claims and to hear disputed issues is a cornerstone of the workers compensation system in New York since the law was enacted in 1914.As we approach the 100th anniversary of the statute’s enactment basic concepts of fair play and due process of law have changed little over time..
The organized attempt to abrogate the hearing process and to minimize its importance is both troubling and perplexing.
No adequate reason or justification has been given for the curtailment of the fair hearing process in the workers compensation system which would result from the MAP program. In Fact, this MAP is nothing more than dressed up Conciliation, a process that has been discredited over the past ten years as unworkable.
On the contrary an impressive and unprecedented gathering of concerned parties (defense attorneys, law judges, claimant’s attorneys, union representatives, business representatives) has spoken out in one strong voice .During recent hearings before the Senate Labor Committee representatives of these oft times strong adversaries, came together to voice their learned and experienced opposition to the MAP program – a system that will seriously impair the due process rights of all of the parties involved.
Faced with overwhelming and unanimous opposition,the Workers Compensation Board has temporarily suspended implementation of the MAP plan pending a public forum to discuss the Board’s attempt to “streamline its conciliation process”.
The WCA is fully in favor the hearing process as it presently exists.We see no need to delay the cancellation of the ill conceived MAP program as it is a bad idea and is bad public policy.Postponing the ultimate decision will not change the fact that MAP violates the due process rights of the parties. Having a forum to discuss the plan will not alter the fact that the changes envisioned by the MAP program can not be done administratively but can only be achieved through legislative action .
We believe that the state agency entrusted to oversee the claims of injured and disabled workers of this state and who also have the responsibility to protect the interests and vitality of business in this state should not be promoting practices and procedures which violate the rights of the parties.The Board should now enhance and fascilitate the fair hearing process as the Board historically has always done in the past, in a manner mandated by the law.
Experience dictates that a full and fair hearing is the best way to resolve claims while providing substantial justice to all parties concerned.
Posted By WCA In MAP
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