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Subject Number 046-777 Reduction of Administrative Determinations for Claims with No Lost Time

Board Bulletins and Subject Numbers

January 22, 2016

Effective January 15, 2016, the Board will no longer issue Administrative Determinations (AD) for cases with no lost time and where there are no issues or disputes requiring a decision. Cases with no lost time, that do involve issues or disputes, will continue to be processed as they have been to date.

The Board issues ADs for uncontroverted claims involving minor issues under 12 NYCRR. §300.5(c) requires that decisions are to be issued if the Board finds that a claimant's disability exceeds seven days. There is no regulatory or statutory authority mandating an AD for claims with no lost time when there are no issues in dispute. The Workers' Compensation Board currently issues an AD for all workers' compensation claims that have not reached a proposed decision or a decision resulting from a hearing.

Approximately one-fourth of the ADs issued are for no lost time claims. The AD is nothing more than a recitation of what is available in eCase.

The notices of assembly and indexing have been revised to provide clear direction and clear information about the claim. In cases with no lost time, that reflect no issues or dispute, the claimant will be advised that no further action will be taken until an issue arises. Parties should register for eCase to obtain information about their case.

Robert E. Beloten