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Glossary of WCB Terms
New York State
Workers' Compensation Board
OFFICE OF THE CHAIRMAN
328 State Street  Schenectady, New York 12305
Subject No. 046-58

To:  Insurance Carriers and Self-Insured Employers Providing Benefits Under the Workers' Compensation Law, Volunteer Firefighters' Benefit Law and Volunteer Ambulance Workers' Benefit Law, Attorneys and Licensed Representatives Practicing Before the Workers' Compensation Board

Conciliation; Expansion of Issues Deemed Appropriate for Conciliation; Revised Form CB-8, Request for Conciliation

Date:  December 20, 1999

Supersedes Subject No. 046-58 dated May 9, 1997
Subject No. 046-58.1 dated October 21, 1997
Subject No. 046-54 dated February 4, 1993 and
Subject No. 046-54.1 dated February 4, 1993

The Workers' Compensation Board's conciliation process permits claims which are appropriate for conciliation to be resolved in a more expeditious and informal manner than if they proceed through the hearing process. Uncontroverted claims with an expected duration of up to 52 weeks of benefits are eligible for conciliation.

The issues deemed appropriate for conciliation have been expanded to include claims of unrepresented claimants which may result in schedule awards within the jurisdictional limits of conciliation processing. Previously, claims involving possible schedule awards were only referred to conciliation if made by represented claimants. An updated list of the issues deemed appropriate for referral to conciliation is provided below. The conciliation process is governed by §25(2-b) of the Workers' Compensation Law and Part 312 of the Board's Rules and Regulations.

Issues Deemed Appropriate for Referral to Conciliation:

  1. Disputed medical treatment (Form C-8.1 Part A) Note: May be addressed irrespective of 52-week benefit limitation.
  2. Disputed medical bill (Form C-8.1 Part B) Note: May be addressed irrespective of 52-week benefit limitation.
  3. Periods of partial disability or reduced earnings
  4. Degree of disability
  5. Lost time calculations
  6. Average weekly wage
  7. Concurrent employment
  8. Jurisdiction
  9. Outstanding medical and travel reimbursement
  10. Administratively reopened claims with the above issues, including questions of further medical treatment
  11. Any claim in which the parties request a conciliation meeting (using revised Form CB-8) and the case is appropriate for conciliation resolution
  12. Claims which may result in schedule awards, or other findings of Permanent Partial Disability, within the jurisdictional limits of conciliation processing (52 weeks or less)
  13. Facial disfigurement awards agreed to by the parties (however, facial disfigurement awards for unrepresented claimants will most likely require a meeting to ensure that the award is appropriate)

Revised Form CB-8:

Attached is a copy of revised Form CB-8, Request for Conciliation. This form may continue to be used by insurance carriers, self-insured employers and other parties of interest to notify the Board that a case may be appropriate for conciliation. The form has been revised to reflect additional issues that may be resolved by conciliation since the last revision of the form. Please note: The Workers' Compensation Board will make the final determination as to whether a claim is suitable for conciliation.

Revised form CB-8 is effective immediately and replaces all prior versions of the form. Insurance carriers, self-insurers and other parties of interest are authorized to reproduce this form in quantities according to their needs. Carriers, self-insurers and other parties of interest with large supplies of previous versions of Form CB-8 may exhaust their supplies before using the revised form. Revised Form CB-8 is to be printed on 8 1/2" by 11", 20 lb. white bond. The exact format and text as herein provided must be followed in all respects. Form CB-8 and other prescribed Board forms may be viewed and printed from the Board's Common Forms page of this web site.

Thank you for your cooperation. I urge you to continue to make every effort to identify cases suitable for conciliation and to use revised Form CB-8 whenever possible.

 

Robert R. Snashall
Chairman