Board Bulletins and Subject Numbers

December 21, 2018

The Board has added a document upload feature to its eCase application that will enable users to upload documents directly to the electronic case folder to use as evidence at scheduled hearings.

Purpose

The eCase document upload feature enables the parties in a hearing and the Workers' Compensation Law Judge to see vital evidence that will be used at hearings. The document upload feature is not a means to submit or process claim documents. The uploaded documents are for the purposes of the hearing only and will not be otherwise processed by the Board. Any documents uploaded that are not eligible to be uploaded or which are mislabeled, will not be processed by claims examiners before or after the hearing. The claims examiner will not be able to assist with mislabeled or improperly uploaded documents.

Intended Users

The intended users of the eCase document upload feature are attorneys (both claimant and insurance carriers), insurers, third-party administrators, self-insured employers, and claimants. IME entities and employers do not have access to the document upload functionality.

Availability

The eCase document upload feature is available on cases with a case status of "Hearing Set" and can be used up to and including the day of the hearing.

Note: If a hearing is not currently scheduled, document upload is not available.

See eCase Document Upload for complete instructions.

Methods of Placing Documents into the Case Folder

As of December 21, 2018, the only methods of placing documents into the case folder are:

• mail,
• fax to 1 (877) 533-0337,
• email to wcbclaimsfiling@wcb.ny.gov,
• web upload, or
• eCase document upload

You can mail, fax, email or web upload documents to the Board that are not eligible for eCase Document Upload. Details and instructions can be found on the Forms and eCase Document Upload pages on the Board's website.

Important: As of December 21, 2018, faxing forms to Customer Service will no longer be available. The fax numbers at each Board location will be disabled. Any forms not eligible for eCase document upload can be faxed to 1(877) 533-0337.

Duplicates

If the document already exists in the case folder, do not upload the document again.

Duplicate submissions may be deemed to be raising or continuing an issue without reasonable grounds and will subject the sender to penalties under Workers' Compensation law § 114-a(3). If submitted by the claimant’s representative, duplicate submissions will result in reduced attorney's fees in the event of an award.

Acceptable Documents to Upload

The documents that can be uploaded are listed in the eCase Document Upload Instructions. There are limited circumstances under which a document can be labeled an 'exhibit', such as earnings information for a reduced earnings claim, or specific exhibits to be submitted for review by the Workers' Compensation Law Judge at a hearing with testimony. However, it is imperative that the correct Form ID be used, and that 'exhibit' is not overused as a Form ID. Any document uploaded as an "exhibit" or "attorney corr" will not be acted on by claims examiners.

Accurate Labeling

The document(s) to be uploaded must be labeled with the correct Form ID.

The Board reserves the right to discard any document improperly labeled, or where the 'exhibit' label is misused to submit a document that should not have been submitted. For example, no party should submit Form C-4 AUTH via the eCase document upload feature. If Form C-4 AUTH is uploaded via document upload, it will not be reviewed and acted upon, as it will be an improper filing.

Independent Medical Examinations (Form IME-4)

A report of an Independent Medical Examination (Form IME-4) may not be submitted using the eCase document upload feature. Such reports must be submitted to the Board on the same day and in the same manner as the report is submitted to the claimant, insurer, claimant's attorney and treating providers.

Medical Narratives (Form MED-NARR)

If Form CMS-1500 is submitted by itself it will be labeled as a HCFA-1500; if it is submitted with a medical report/narrative it will be labeled as a MED-NARR. If uploading a Form CMS-1500, check all HCFA-1500 and MED-NARR Form IDs to ensure that the form is not already in the case folder.