Gov. Spitzer Releases Workers' Compensation "Rocket Docket" Proposed Regulations
After receiving input from both the Business Council of New York State and the New York AFL-CIO, NY State Insurance Department Superintendent Eric Dinallo has released his cover letter and proposed "Streamlined Docket Regulations" which substantially impact the rights of injured workers in New York - some for the good, some for the not so good. In addition, some of the proposed regulations conflict with existing statutory law. Please download this document and study it carefully.
The WCA would appreciate written comments about the proposed regulations from all interested stakeholders as soon as possible. You may do so by using the comment button below this post. The New York Workers' Compensation Alliance will be publishing its analysis of the proposed regulations shortly and would appreciate your input. There should be a new Workers' Compensation Board Chairperson around the corner soon to try and implement these interesting regulations. Thanks and stay tuned!
I have read these regulations and they are unworkable. Because the time limits are so tight, and the parties, claimant, carrier and claimant's attorney have no controll over the witnesses they are required to depose, these time limitations ensure that the testimony will not be completed. This results in a denial of due process and ensures that the claimants are subject to the bias of the Judge hearing the claim, with the case won or lost without a record. Given the Board's current stated mission to affirm the decisions of the Law Judges wherever possible, and the fact that there will be real opportunity to cross examine medical witnesses, the case will be decided on the individual bias of the Judge making the decision.
Additionally, the Board offers no tools for claimant or their attorneys to investiage claims and secure evidence from the employer prior to trial and we will now be restricted from secure this evidence by order of the court.
I believe these regulations result in a gross injustice to all parties involved.