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On May 1, 2024, the Board issued Subject Number 046-1683 Additional Criteria for Section 32 Waiver Agreements Reviewed Without a Hearing, which announced that beginning July 1, 2024, the Board would review administratively, via the desk review process, all Section 32 waiver agreements of represented claimants in which the gross settlement amount is $10,000 or less. This Subject Number also announced the Board’s decision to prospectively review all indemnity-only WCL Section 32 waiver agreements via desk review, and those agreements in which all parties specifically request desk review.
Already, this expansion of the desk review has resulted in the processing of three times the number of Section 32 waiver agreements administratively. The increased use of the desk review has also reduced the time it takes to approve all Section 32 waiver agreements, and, as a result, the Board is beginning to hold other hearings sooner.
In light of this success, the Board is now expanding the reach of desk review to include all Section 32 waiver agreements of represented claimants in which the gross settlement amount is $25,000 or less, starting with agreements dated on or after January 6, 2025.
We also want to remind all represented parties that they can consent to a desk review on any Section 32 waiver agreement regardless of the amount by checking the box for consent under the signature line on the Waiver Agreement - Section 32 WCL (Form C-32).
For more information about Section 32 waiver agreements, please see the Section 32 Waiver Agreements Guidance page of wcb.ny.gov or write to the Office of General Counsel at officeofgeneralcounsel@wcb.ny.gov.
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