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Subject Number 046-501 Board To Consider Applications To Excuse A Delay Or Default Caused By Hurricane Sandy

Board Bulletins and Subject Numbers

November 5, 2012

The Workers' Compensation Law (WCL) contains numerous provisions that impose strict timelines for the filing of documents and the payment of benefits. In light of power outages and other problems throughout the State caused by Hurricane Sandy, the Board will consider applications to excuse delays and defaults in complying with various WCL provisions. Any application to excuse a delay or default must be in affidavit form and indicate that the delay or default was caused by conditions over which the applicant had no control. The application affidavit must also include a statement indicating the date the applicant filed the late document or paid the late compensation. Employers or insurance carriers may make one application pertaining to numerous instances as long as each case number is referenced in the application. All storm related applications to excuse a delay or default should be submitted to the Office of the Chair, 328 State Street, Schenectady, New York 12305 or e-mailed to officeofgeneralcounsel@wcb.ny.gov.

Applications may be submitted in connection with any WCL provision that contains a statutory timeframe, including, but not limited to WCL § 28 [statutes of limitation]; WCL § 25 (1)(e) [payment of installments of compensation]; WCL § 25(3)(f) [payment of compensation after award]; WCL § 23 [filing of RB-89s]; WCL § 137 [filing of an IME].

Any application seeking relief based on Hurricane Sandy must be filed with the Board within fourteen (14) business days of the deadline date that is the subject of the application.

Robert E. Beloten
Chair