Decisions by Workers' Compensation Law Judges
Section 300.5 of Title 12 NYCRR is amended to read as follows:
Section 300.5 - Decisions by Workers' Compensation Law Judges
- (a)[(1)] In controverted claims the Workers' Compensation Law [judge] Judge shall
make a [brief summary of the] reasoned decision upon the contested points. This decision,
outlining the evidence supporting said determination, may be made by an oral statement [of findings upon
the essential points, which statement] which shall be entered upon the [stenographic] minutes of the
hearings, or may be in a [brief] written and signed statement which shall be filed with the papers in
the record.
- [(2)] (b)(1) Parties [in controverted matters] to any claim before the board may [enter
into an agreement stipulating] stipulate to uncontested facts or proposed findings. Such
[agreement may be made orally at a hearing before the Workers' Compensation Law judge, in which case the
agreement shall be entered upon the stenographic minutes of the hearing, or] stipulation shall be in
writing [on a form prescribed by the chair, in which case the form] and shall be signed [in the
presence of the Workers' Compensation Law judge] by all parties [to the agreement. The] so
stipulating. A Workers' Compensation Law [judge] Judge shall [certify] verify through
questioning that all parties [to the agreement: (i) signed said stipulation in his or her presence;
- (ii)] (i) have been advised of the legal effect of stipulating to the facts or proposed
findings contained in said stipulation; and
- [(iii)] (ii) have affixed their signatures to said stipulation of their own free will.
If the claimant is not represented, the stipulation shall be signed in the presence of a Workers'
Compensation Law Judge.
- [(3)] (2) A stipulation [agreement] pursuant to this section shall be subject to the
approval of [the] a Workers' Compensation Law [judge] Judge and, if approved, shall be
incorporated into the decision of the Workers' Compensation Law [judge] Judge and shall be binding upon the
parties. Such stipulation [agreement], as incorporated into the decision of the Workers'
Compensation Law [judge] Judge, shall be subject to the provisions of section 23 of the Workers'
Compensation Law and section 300.13 of this Part, and to sections 22 and section 123 of the Workers'
Compensation Law.
- (3) The provisions of this subdivision shall not be applicable to agreements settling
upon and determining claims for compensation pursuant to section 32 of the Workers'
Compensation Law and section 300.36 of this Title.
- [(b)] (c) In every claim where the disability exceeds seven days, the Workers'
Compensation Law [judge] Judge shall make a finding as to whether or not an accident arising
out of and in the course of employment or an occupational disease has been established; and in every
claim involving disability less that seven days, the Workers' Compensation Law [judge] Judge
shall make such a finding where possible to do so on evidence before him or her. The finding of
Workers' Compensation Law [judge] Judge in such cases shall be incorporated in the notice of
decision.
- [(c)] (d) The Workers' Compensation Law [judge] Judge may excuse the failure of a
physician or other health providers to file reports in accordance with the requirements of subdivision
(4) of section 13-a, subdivision (3) of section 13-k, subdivision (3) of section 13-l and subdivision
(4) of section 13-m of the Workers' Compensation Law whenever after taking testimony the
Workers' Compensation Law [judge] Judge finds it to be in the interest of justice to excuse such
failure, and the decision of the Workers' Compensation Law [judge] Judge shall state the reasons
therefor.
- [(d)] (e) A claim for reimbursement pursuant to section 15, subdivision 8 of the
Workers' Compensation Law shall be filed on a form prescribed by the chair.