Revises Subject No. 046-237R2 Video Recorded Evidence dated September 30, 2022. Updated information on improper submissions in bold text.
June 29, 2023
As of August 29, 2022, the Board no longer accepts video evidence via DVD-R and has transitioned to receive video evidence via USB flash drive.
Video recorded materials become part of the Board's file when a Workers' Compensation Law Judge (WCLJ) admits such evidence as probative and relevant to an issue raised in a claim for compensation. The two most common examples of video recorded submissions are:
- evidence of activity in support of a claim that a claimant made a material misrepresentation of fact; and
- evidence of an independent medical examination.
The Board reviews video recorded evidence in three settings. First, a WCLJ reviews video recorded materials marked and submitted for consideration as evidence. Second, the Office of General Counsel's Administrative Review Division and the panel of three Board Members will review video recorded evidence as part of an application for review. Third, the Office of General Counsel's Legal Affairs Division and Board Members comprising the Full Board may review video recorded evidence in conjunction with a case accepted for Full Board Review.
For administrative and judicial convenience and economy, the Board now requires that the submission of video recorded material conform to a standard format. All video recorded submissions marked and played at the hearing must be certified by the submitting party as identical to the video recorded submissions on the USB flash drive which is marked and submitted to the Board as evidence. The video must be formatted so that as part of any subsequent administrative review, Board personnel may play the video recorded evidence on Microsoft's Windows Media Player or VLC media player. Video recorded evidence can be in the following formats: .mp4, .avi, .mkv, .wmv, and .mpeg. Document files included with the video recorded evidence can be in the following formats: .txt, .pdf, .doc, and .docx.
Important: Do not include an .exe file on the USB flash drive. Executable files cannot be accepted due to security concerns. If the Board receives a USB flash drive that includes an .exe file, the submitter will be informed, and they will need to resubmit the evidence.
The video must be accompanied by a paper cover letter to identify the case that the video goes with, i.e., WCB case number and claimant name, as well as what is on the USB flash drive. Please print the Evidence Submission Template, complete the required information, and send the paper Evidence Submission Template with the video (on a USB flash drive) to the Board's centralized mailing address:
NYS Workers' Compensation Board
Centralized Mailing Address
P.O. Box 5205
Binghamton, NY 13902-5205
If a party sends a video on media other than a USB flash drive or the video is not viewable in either Windows Media Player or VLC media player, the Board will send the party an Acknowledgement of Correspondence Received (Form EC-88) to inform them to send the corrected video within 20 days.
It is important to note that submission of a USB flash drive is only permitted for video evidence (and any materials related to said evidence). If a party sends a USB flash drive without any video evidence (or materials related to video evidence), the submitter will be informed that they must resubmit the contents of the USB drive through one of the approved methods described on the Forms page of the Board's website.
If the party chooses to resubmit the contents of the USB flash drive to the Board's centralized mailing address, they must print the materials and mail paper copies to the Board.
The Board's revised policy regarding formatted video recorded evidence took effect on August 29, 2022, and the Board requests that all parties cooperate in presenting this evidence in a format that will enable prompt administrative review.
Clarissa M. Rodriguez
See previous version SN046-237R2.