Board Bulletins and Subject Numbers

February 7, 2017

Earlier this year the Board announced changes expected to allow the Board to more actively manage Special Disability Fund liabilities and expedite the processing of reimbursement requests, thereby ensuring payment is made to the appropriate party in a timely manner. Please refer to Subject Number 046-874 Revised Request for §14(6) and §15(8) Reimbursement Forms Effective October 1, 2016, available at the Board’s Special Funds Group for the applicable forms, instructions and deadlines for the reimbursement process.

Please contact the Special Funds Group for any questions about the reimbursement process, either by phone at (855) 430-3602 or by email at SpecialFunds@wcb.ny.gov.

As part of this transition, the Special Funds Group will be substituted as an indirect party of interest in lieu of the Special Funds Conservation Committee (SFCC) on all relevant matters as of January 1, 2017. The designated insurer or self-insured employer will remain the direct party of interest in these claims.

Special Funds Group Oversight of Claims Handling

The designated insurer or self-insured employer remains responsible for taking all appropriate and necessary action(s) in all §§ 14(6) and 15(8) claims. As part of its oversight role, the Special Funds Group will review the designated insurer or self-insured employer’s handling of these claims. To facilitate this process, by close of business on February 10, 2017, each insurer or self-insured employer must provide one designated contact, including name, email address and telephone number, to the Special Funds Group at SFGmail@wcb.ny.gov.

Correspondence or Legal Notices

Please send any correspondence or legal notices pertaining to §§ 14(6) and 15(8) claims, including but not limited to all requests for reopening or rehearing, appeals, rebuttals, requests for consent to third-party actions, and stipulations to:

Attorney for the Special Disability Fund and Special Fund for Reopened Cases
c/o Special Funds Group
Division of Financial Administration
NYS Workers’ Compensation Board
328 State Street
Schenectady, NY 12305
email: SFGmail@wcb.ny.gov
fax: (518) 402-6201

Hearing and Deposition Appearances

The Special Funds Group will receive Board notices pertaining to these claims. All Notices of Hearing, and correspondence related to deposition scheduling, will be reviewed, and if deemed appropriate and necessary, the Special Funds Group will advise the Board (or in the case of depositions, the party making contact) of its intent to appear and note its appearance on the record. The applicable insurer or self-insured employer remains responsible for taking all appropriate and necessary action(s) in all §§ 14(6) and 15(8) claims.

Section 32 Waiver Agreements

The SFCC has, at the Board’s direction, previously provided notice that no new offers to settle §§ 14(6) and 15(8) claims are being extended by the SFCC. In addition, as the SFCC has also previously provided notice of, any pending consents to settle §§ 14(6) and 15(8) claims issued by SFCC will terminate as of close of business on December 31, 2016, if any such offers have not culminated in final settlements, including final approval by the New York State Workers’ Compensation Board, by that date. Please send any settlements that have not been finalized with Board approval by December 31, 2016, to the Waiver Agreement Management Office (WAMO), whereupon they will be subject to de novo review. WAMO’s contact information is:

Waiver Agreement Management Office
NYS Workers’ Compensation Board
328 State Street
Schenectady, NY 12305
email: WAMO@wcb.ny.gov
phone: (855) 430-3602
fax: (518) 402-6201

If you have questions regarding this notice, please feel free to contact the Special Funds Group, either by phone at (855) 430-3602, or by email at SpecialFunds@wcb.ny.gov. Thank you for your continued cooperation during this transition.