NY Workers Compensation Board Proposed "Rocket Docket" Regulations Open for Comment Until 9/15/08
The "Ill-Conceived" Rocket Docket Regulations are now open for comment until September 15, 2008. As you know, the New York Workers' Compensation Alliance is firmly opposed to these administrative regulations that fundamentlly change for the worse elements of the Workers' Compensation Law. They are a direct violation of a claimant's medical privacy and and will in fact delay the adjudication of disputed workers' compensation claims. Click here to send written comments in opposition to these scary rules. Click here and here for our prior comments deriding these silly rules.
Bottom Line - these regulations are really bad for injured workers. Insurance carriers will now be given free license to dig through a claimant's prior medical history to try and dispute claims. For example, pregnancy is a known risk factor for carpul tunnel syndrome. If a secretary alleges a work related carpul tunnel injury, does the insurance carrier now have a right to dig through her college medical records to see if she was ever pregnant? Quite possibly.
Such an invasion of medical privacy was never allowed previously under the Workers' Compensation Law. Whether or not these regulations become effective will be a telling test to see if new Governor David Patterson is a friend of labor and injured or disabled workers. We will be watching. Please send your email comments in oppositon to regulations@wcb.state.ny.us today! Thanks.