WCB COVID-19 Guidance: Frequently Asked Questions

Question regarding NYS WCB Response to the Novel Coronavirus, COVID-19:
In section five of the Guidance Document ("Other IMEs"), it states that when adjudicating a Rocket-Docket case (a controverted claim), or any other situation where an Independent Medical Examination (IME) has been directed by the Board, that an affidavit is required in order to support a request for an extension of time to obtain an IME. Given the difficulty in obtaining notarization during the emergency, will the Board allow the carrier to provide the reasons for the extension in a format other than a notarized affidavit?

Answer:
Yes. The Chair has suspended the affidavit requirement in 12 NYCRR 300.38(g)(8) for Rocket Docket cases, as well as the requirement described for other Board-directed IMEs, and allows for either an affirmation (if by an attorney) or a letter request that contains all of the required elements set forth in section 5 of the Guidance Document, except the notarized and/or original signature. This will remain in effect during the existing emergency.

Question regarding Emergency Relief from Original Signature Requirements on Listed Documents:
In the list of forms which require the signatures of claimants, attorneys, payers and administrators, during the current state of emergency, Waiver Agreement – Section 32 WCL (Form C-32) is included. Is the Board also including the Waiver Agreement - Section 32 WCL (Form-C-32-I) Indemnity Only Settlement Agreement?

Answer:
Yes. The relief from the original signature requirement also encompasses the Indemnity Only Section 32 Waiver Agreement form.  All requirements set forth in the Guidance Document must be met to verify the non-original signature and claimant’s assent.

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