Welcome, resident and fellow physicians!

Welcome!

The Board is excited to welcome resident and fellow physicians to the New York State workers' compensation system!

As part of the Governor Kathy Hochul's Fiscal Year 2026 Budget signed into law on May 9, 2025, physicians who are training in residency and fellowship programs accredited by the Accreditation Council on Graduate Medical Education (ACGME) are permitted to treat injured workers in New York State, under the appropriate supervision of faculty physicians.

This means upward of 20,000 resident and fellow physicians, training in over 1,400 programs, at nearly 70 teaching hospitals across New York State, are now permitted to treat injured workers. This is great news for New Yorkers, as increasing provider participation at New York's world-renowned academic hospitals and health care systems will go a long way in helping injured workers access the quality medical care and treatment they need.

If you are a resident or fellow physician — welcome to workers' compensation! Here are some important guidelines and resources to help you get started.

Supervision

Supervision of resident and fellow physicians must be consistent with state and federal standards for graduate medical education, so residents, fellows, and supervising physicians should already be familiar with the requirements. In addition, the supervising physician must be Board authorized. (Resident and fellow physicians do not need to apply for Board authorization while serving in ACGME-accredited residency or fellowship programs.)

Treatment

Treatment of workers' compensation patients follows standards of care set forth in the New York Medical Treatment Guidelines (MTGs). There are currently 16 MTGs that address the most common injuries and illnesses within the workers' compensation system. Providers have access to an easy-to-use online MTG Lookup tool to check treatment protocols.

The New York Workers' Compensation Drug Formulary (Drug Formulary) lists the medications that can be prescribed to treat injured workers, consistent with the MTGs.

Health care providers who wish to provide treatment and medication that fall outside of the MTGs and Drug Formulary must obtain prior authorization. Health care providers can submit (and check the status of) prior authorization requests (PARs) using the Board's online system, OnBoard. Thus, if residents/fellows wish to provide care that falls outside of the MTGs or Drug Formulary, they should consult with their supervising physician about the PAR submission process.

See: Medical Treatment Guidelines; New York Workers' Compensation Drug Formulary; OnBoard

Clinical notes: Required elements

Resident and fellow clinical notes should clearly identify the resident/fellow providing the care, as well as the name of the supervising physician (as is required for other insurance programs).

Just like all physician notes in the workers' compensation system, resident and fellow clinical notes are required to clearly state:

1. whether the condition was caused by work;
2. whether the patient is working; and
3. the patient's percentage of temporary disability.

Billing

Non-surgical services provided by residents and fellows are billed by the supervising physician at the regular Official New York Workers' Compensation Medical Fee Schedule, using the modifier 1R. This modifier does not reduce the amount of the fee billed; it indicates that the services were provided by a resident or fellow physician under the supervision of the authorized billing physician. In instances where the resident or fellow physician assists during surgery, the fee is billed by the surgeon using modifier 84 and paid at 16% of the applicable physician code fee.

1/2/26: Proposed Amendments to Section 329-1.3 of Title 12 of the NYCRR (Billing Guidance for Residents and Fellows)

In 2025, an amendment to Section 13-b of the New York State Workers' Compensation Law went into effect, extending the ability of resident and fellow physicians to treat injured workers while under the supervision of an authorized physician. In December 2025, the Chair of the NYS Workers' Compensation Board proposed amendments to help implement this law by providing guidance about billing procedures for services performed by residents and fellows. You can view the Proposed Amendments at Proposed Amendments to Section 329-1.3 of Title 12 of the NYCRR (Billing Guidance for Residents and Fellows).

The Notice of Proposed Rule Making was published in the January 7, 2026 edition of the State Register. Comments on the proposal will be accepted for 60 days after publication. Please submit comments by emailing regulations@wcb.ny.gov.

Resources

Here are some helpful resources for health care providers in the NYS workers' compensation system.

• Health care provider webpage: a section of the Board's website specifically for health care providers.
• Provider Toolkit: important resources, requirements, and updates for treating health care providers to be aware of regarding the workers' compensation system.
• Training: courses, by topic, including the New York Medical Treatment Guidelines, New York's mandatory standard of care for treatment in the workers' compensation system.
• OnBoard overview: an introduction to the Board's online system that health care providers use to submit and check the status of prior authorization requests (PARs) for medical treatment and submit requests for review of medical billing disputes.
• Webinars: the Board regularly hosts webinars for health care providers and other stakeholders, and recordings are posted online. See the Recorded Webinars page to view past webinars or the Upcoming Webinars page to register for a future event.

To get a basic understanding of workers' compensation, it's recommended to view or attend a Workers' Compensation 101 webinar, hosted by the Board's Advocate for Injured Workers.

Contact the MDO

The Board has a Medical Director's Office, who has staff available to answer your questions about treating in the New York State workers' compensation system. You can contact the Medical Director's Office at MDO@wcb.ny.gov or by calling (800) 781-2362.

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