The Chair of the New York State Workers’ Compensation Board (Board) has adopted the amendments to Sections 300.10, 301.1, and 301.3 of Title 12 of the NYCRR, effective January 1, 2027. The amendments update and improve the deposition process in several important ways. 

Depositions 

• Deposition fees must be paid within 45 days, without a direction from the Board. 

• Submission of a bill, including the CMS-1500, is not required, nor is a Board decision required to direct deposition payment. 

• Health care providers who have not been paid a deposition fee within 45 days of the deposition may file a Request for Decision on Unpaid Medical Bill(s) (Form HP-1.0) as they would for an unpaid medical bill.  

• If the carrier receives a bill for a deposition, Notice of Objection to a Payment of a Bill for Treatment Provided (Form C-8.1B) or EC-8.1B should not be filed. 

• There are new pay rates for depositions, which increase if not paid within 45 days:  

Cancellation 

Where a deposition is cancelled, the regulation does not provide for a deposition fee. If at the scheduled deposition the parties settle or otherwise decide the deposition is no longer needed, the provider should appear, be sworn in, and state their name and appearance on the deposition record so they can be awarded a fee. If there is no transcript with the provider sworn in, the provider will not be entitled to a fee under the new regulations. 

Arranging Depositions 

Newly added 12 NYCRR 300.10(e) places the burden on the carrier to arrange and schedule all medical witnesses and parties, schedule stenographers, file and pay for the transcripts, and pay the costs of the depositions unless otherwise directed by the Board. 

Extensions 

Any requests for an extension of time to complete a deposition must be done in writing, on or before the deadline to produce the deposition transcript, and submitted in the format prescribed by the Board (in the form of an affidavit or affirmation complying with CPLR 2106). 

Deposition Reminders 

As these new deposition regulations take effect, please remember that: 

• Direct examination is not warranted; depositions should begin with cross-examination. 

• The parties should cite the start and end time of the provider’s testimony for payment purposes. 

If the provider and the party that requested cross-examination appear for the deposition, but the opposing party does not, the party requesting cross should proceed. The doctor is not represented by the absent attorney, and the attorney’s presence is not mandatory. If the provider refuses to proceed and is not “deposed” as stated in the regulation, then no deposition fee is warranted. 

Hearings 

When an employer or carrier requests the opportunity to cross-examine a treating health care provider, and claimant objects to that opportunity, the employer/carrier is required to “provide an offer of proof showing the reason for cross-examination.” Workers’ Compensation Law Judges have discretion whether to grant the request for cross-examination.  

For full details of these amendments, see the Board’s Depositions webpage. For additional information regarding depositions, refer to Subject Number 046-1836.