Date: April 21, 2009
The New York State Legislature amended Workers' Compensation Law (WCL) §32 in 2007 directing the Chair to establish the Waiver Agreement Management Office (WAMO) in furtherance of the goal of reducing and ultimately eliminating the liabilities of the Special Disability Fund (SDF). The SDF is funded by annual assessments against insurance carriers, self-insured employers, and the State Insurance Fund. The amount of the assessment is driven by the amount of SDF payments made during the preceding year. Thus, reduction of SDF liabilities will result in reduction of the assessments against carriers, self-insured employers, and the State Insurance Fund.
In order to properly evaluate claims for the purpose of negotiating or managing waiver agreements, it is evident that WAMO will require relevant data from insurance carriers, self-insured employers, the State Insurance Fund, and the Special Funds Conservation Committee. As set forth in WCL §32(i)(4), WAMO may issue written requests for such relevant data to the above-referenced parties and such parties shall provide the requested information within fourteen (14) days of the request, absent proper and timely objection to the request.
Objections shall be submitted in writing to the Board's Office of General Counsel. Pursuant to WCL §32(i)(4), the only available grounds for objection are that the information requested by WAMO is subject to a recognized privilege, or that the production of such information is otherwise barred by law. The Office of General Counsel shall review all such objections and shall advise in writing on behalf of the Board whether the objection is accepted or rejected. If such objection is made and is rejected by the Board, the requested information shall be provided to the Board within five (5) business days of such rejection, as required by WCL §32(i)(4).
If you have any questions, please contact WAMO at: WAMO@wcb.ny.gov.
Zachary S. Weiss