New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter A - General Provisions
Part 312 - CONCILIATION PROCESSING
Section 312.4 - Conciliation meetings
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Meetings of all necessary parties will be arranged by the conciliator, when necessary, or within 30 days after receipt of a request for a conciliation meeting.
(b) No later than five days before the conciliation meeting, any party may review the workers' compensation case folder at the office where the conciliation meeting will be held, and may make photocopies (at its own expense) of any documents and reports.
(c) If the claimant is not represented at the conciliation meeting, the conciliator shall advise the claimant of their right to have representation present, their right to reasonable adjournment to procure representation, and their right to withdraw from any agreement in accordance with paragraph (g) of subdivision 2-b of section 25 of the Workers' Compensation Law.
(d) After advising the unrepresented claimant at the conciliation meeting in accordance with paragraph (e) of subdivision 2-b of section 25 of the Workers' Compensation Law, the conciliator shall request the claimant's written consent to participate in the conciliation process on a form prescribed by the chair. If the claimant declines conciliation processing, the conciliator shall transfer the case to a pre-hearing conference commencing the regular hearing calendar process.
