Attorneys and legal representatives expected to appear on video for virtual hearings

The Workers’ Compensation Board (Board) expects all attorneys and legal representatives attending virtual hearings to appear by video, barring any unforeseen circumstances or technological issues. This has long been implied in the Virtual Hearings Guide for Attorneys and Representatives and related tutorials (“you must have a camera or webcam” per the Guide and “you must enable your audio and webcam connection” on the general website instructions). To avoid any confusion, the Board is explicitly clarifying that attorneys are expected to appear on camera when participating in virtual hearings. Additionally, attorneys can only participate in one virtual hearing at a time.

Attorneys and legal representatives should always have their faces fully visible on-screen during their virtual hearings. If attending via a mobile device, they should utilize a tripod or other stable setup that allows them to interact with parties and fully participate in the hearing. Additionally, consistent with requirements of the courts, attorneys and legal representatives in virtual hearings should always dress in professional attire (as they would for an in-person hearing) and participate in a suitable and appropriate location, free of distractions and interference for the duration of the hearing. If an attorney is unable to appear on video for their virtual hearing due to a technology or other issue, they should notify the presiding judge as soon as possible to request an exception.

Questions?

Email OGC@wcb.ny.gov.