New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 378 - Medical Proof Of Disability
Section 378.1 - Statutory requirement for medical statement of disability

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 378.1

Current through Register Vol. 45, No. 52, December 27, 2023

[Workers' Compensation Law, § 13-1; L. 1973, ch. 940; L. 1981, ch. 130]

(a) The statutory requirement for medical statement of disability may be waived under plans, under conditions that are permitted by the law, as follows:

(1) If the plan is an existing plan, the provisions that were incorporated in the plan as of April 13, 1949, are acceptable.

(2) If the statutory waiting period of seven days is waived or reduced and if employees make no contribution to the cost of the plan, the statutory requirement of medical statement may be waived for disability periods up to seven days.

(b) If a claimant is a bona fide resident in another state, the medical statement of his attending physician, podiatrist, chiropractor or dentist, duly licensed under the laws of the state is acceptable.

(c) If a claimant is disabled while temporarily in another state, nation or other recognized unit of government, the medical statement of his attending physician, podiatrist, chiropractor or dentist, duly licensed under its laws, is acceptable,

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