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Pre-Hearing Conference Statement
EPH-16.2

State of New York - Workers' Compensation Board

THIS FORM MAY ONLY BE SUBMITTED ELECTRONICALLY. DO NOT MAIL.

If you have used the previous version of this form, please be aware that some functions such as Adding Attachments have changed. Please read Form Instructions for additional information.

This statement must be completely filled out separately by claimant's representative and the employer or carrier, and each party must file with the Board and serve the completed statement on all parties NO LATER THAN TEN DAYS BEFORE THE DATE OF THE PREHEARING CONFERENCE.

Required items are indicated by an *

Case Information
* This Pre-Hearing Conference statement is submitted by (select one):
Pre-Hearing Conference Statement
1. Summary:
2. Carrier/Self-Insured Employer Defenses:

b. Did the injury occur while the claimant was working in the construction industry as defined in the New York State Construction Industry Fair Play Act (Labor Law § 861-B)?
 
Did the injury occur while the claimant was driving in the commercial goods transportation industry as defined in the New York State Commercial Goods Transportation Industry Fair Play Act (Labor Law § 862-B)?
 
If Yes to either of the above, does the employer continue to raise the issue of Employer-Employee relationship?
If Yes, please provide the Employer Name, Employer Address and Federal Tax ID #.
 
The Tax ID # is the (select one):

3. Additional Parties:
4. Lay Witnesses:
5. Medical Witnesses:
6. Attachments:
7. Discovery:
* Has all discovery relative to the threshold issues of compensability been completed or will be completed by the pre-hearing conference?
8. IME:
* Has the claimant been examined by the insurance carrier's doctor?
Please note: IME reports on the threshold issue of causal relationship shall be served and filed three days prior to the initial expedited hearing or the first hearing in accordance with 300.33(f)(12).

9. Release of Medical Records:
Does the carrier request that the claimant provide a broader release for medical records than that provided on the Limited Release of Health Information (Form C-3.3)?
 
If yes, the carrier or its legal representative must file with the Board along with this conference statement an affidavit or affirmation setting forth the relevance of the medical records sought.

10. Average Weekly Wage:
11. Work Status:
12. Settlement: * Has a good faith effort been made to settle or otherwise resolve the claim for benefits?
The information contained in this form will facilitate the just, speedy and efficient disposition of the claimant's right to workers' compensation benefits, including settlement as required by Section 300.38(f)(1) of 12 NYCRR.
Prepared By

If you have used the previous version of this form, please be aware that some functions such as Adding Attachments have changed. Please read Form Instructions for additional information.