Date: September 20, 2012
Workers' Compensation Law (WCL) § 141 confers on the Chair the authority to designate the times and places for the hearing of claims. Hearing locations are indicated on the Notice of Hearing under the "Place of Hearing" box.
The Chair is authorized by 12 NYCRR § 300.7 to establish hearing calendars that meet the needs of each district. In many cases, the Chair schedules hearings in which the judge presides via videoconference in order to "meet the convenience and requirements of the several districts in the State."
All parties and their representatives, except Board employees appearing pursuant to WCL §§ 26-a, 32 & 167, must appear at the hearing location designated on the Notice of Hearing. If the claimant cannot attend the hearing in person, the claimant should contact the board as soon as possible prior to the hearing to determine whether the hearing will proceed as scheduled, and, if so, whether the claimant may appear by telephone.
At hearings where a judge appears by video, all representatives, except Board employees as noted above, shall appear at the hearing location but may appear at the judge's location if they receive prior approval from all the representatives for the opposing parties. Claimants' representatives who wish to appear at a judge's location, other than the hearing location, must have the consent of the claimant in addition to the consent of opposing representatives.
Robert E. Beloten