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Workers’ Compensation Board

New York State
Workers' Compensation Board
328 State Street  Schenectady, New York 12305
Governor Eliot Spitzer

Subject No. 046-201

Addition of Prescribed Medicine to Payments of Compensation Without Prejudice Under WCL Section 21-a

Date: August 2, 2007

On March 13, 2007, Governor Spitzer signed into law comprehensive workers' compensation reform legislation. As part of this legislation, Workers' Compensation Law (WCL) §21-a was amended to provide for payments for prescribed medicine in addition to regular compensation payments, without prejudice and without liability, in instances in which an employer is unsure of the extent of its liability in a claim. Any payments for a prescribed medicine will be made pursuant to the Pharmacy Fee Schedule as set forth in 12 NYCRR Part 440.

Specifically, WCL §21-a now provides that:

Notwithstanding any other provision of this chapter to the contrary, in any instance in which an employer is unsure of the extent of its liability for a claim for compensation by an injured employee pursuant to this chapter, such employer may initiate compensation payments and payments for prescribed medicine and continue such payments for one year, without prejudice and without admitting liability, in accordance with a notice of temporary payment of compensation, on a form prescribed by the board.
[emphasis added]

This statutory change applies to accidents or injuries occurring on or after March 13, 2007.

The Workers' Compensation Board form prescribed for providing notice of such temporary payments without prejudice and liability (Form C-669) and the form for providing notice of termination of such payments (Form C-8/8.6) have been revised to include payments of prescribed medicine. Copies of the revised forms may be obtained at the Board's website ( under the heading Common Forms.


Donna Ferrara