Board Bulletins and Subject Numbers

July 26, 2024

To provide clarity and promote efficient resolution of workers' compensation claims, on September 26, 2024, the New York State Workers' Compensation Board (Board) will expand the number of claims it indexes.

As a result, the majority of claims assembled on or after September 26, 2024, that have an Employee Claim (Form C-3), or First Report of Injury (FROI) and a medical report of treatment will be indexed by the Board. The only exceptions will be:

• Claims already controverted (by the filing of a FROI-04 or SROI-04) at the time they become eligible for indexing.
• Claims already accepted without liability (under the provisions of WCL §21-a) at the time they become eligible for indexing.
• Claims without any lost time from work, that have been identified as "Medical Only," where the Agreement to Compensate Code (ATC) has been left blank. Currently, a payer filing a FROI in a medical-only claim is required to include an ATC code of L- With Liability unless the claim is controverted. As part of this initiative, beginning September 26, 2024, payers filing a FROI in a medical-only case will not be required to select an ATC code and may leave it blank. Note: If a medical-only claim becomes lost time, it will be indexed.

All other standards regarding the provision of notice and the first payment of benefits by payers remain in place.

Any denial of a claim that has been indexed must be filed with the Board within 25 days of the date of indexing, or defenses listed in Workers' Compensation Law Section 25(2)(b) will be barred. Therefore, when a claim is indexed by the Board the payer should accept liability for the claim, controvert the claim, or provide notice that it is initiating payment of lost wage benefits or prescribed medicine without accepting liability for the claim under the provisions of WCL §21-a, within 25 days of the date of indexing.

The Board provided advance notice of this project on December 15, 2023, to allow stakeholders sufficient time to facilitate compliance.

For more information, please contact the Office of General Counsel.