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The New York State Workers' Compensation Board (Board) has updated its Waiver Agreement – Section 32 WCL (Form C-32) and Section 32 Waiver Agreement: Claimant Release (Form C-32.1) to assist the Board in determining liability for medical bills involving treatment of established sites in cases being settled by a Workers’ Compensation Law (WCL) Section 32 waiver agreement, as well as to account for recent process updates. Beginning Monday, July 7, 2025, the Board will no longer accept Form C-32 and C-32.1 with earlier version dates.
Below is a detailed summary of the changes that have been made:
- The instructions to the C-32 and C-32.1 forms were amended to permit filing of the form by email to the Board’s Claims unit at wcbclaimsfiling@wcb.ny.gov.
- The instructions to Form C-32 were amended to indicate claimants, or their legal representatives, must inform the claimant’s treating medical providers that a WCL Section 32 waiver agreement has been initiated.
- The “Other Necessary Documents” section of the Form C-32 instructions was amended to require the submission of “[a] completed Form OC-400 for each claim that is settled pursuant to the WCL Section 32 waiver agreement.”
- A “Resolution of Outstanding Medical Bills” section was added to Form C-32 to resolve all issues related to liability for medical treatment in any WCL Section 32 waiver agreement that waives medical treatment. This will require the parties to agree to a date by which all medical treatment bills for established sites (in the cases resolved by the agreement) shall be/shall not be deemed the liability of the carrier and setting forth any applicable exceptions. This new section of the C-32 form will govern should there be a conflict with the terms of the WCL Section 32 waiver agreement itself.
- The preamble to the affirmation portion of Form C-32 was amended to reflect that the Board now approves certain WCL Section 32 waiver agreements by desk review on its own motion, even if the parties do not consent.
- The attestation portion of Form C-32.1 was amended to reflect that the attorney will not be able to ascertain and determine the claimant’s current address if the claimant receives the settlement proceeds via direct deposit.
More information
See Waiver Agreement – Section 32 WCL (Form C-32) and Section 32 Waiver Agreement: Claimant Release (Form C-32.1) to view and download the updated forms. Translated versions of the form will be published as soon as they are available.
For more information on Section 32 waiver agreements, visit the Section 32 Waiver Agreements Guidance on the Board’s webpage. For further details and assistance on completing forms, visit Workers’ Compensation Forms.
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