WCB-04-14-00002-P Conform Regulations to 12 NYCRR Section 300.22

1/29/14 N.Y. St. Reg. WCB-04-14-00002-P

NEW YORK STATE REGISTER

VOLUME XXXVI, ISSUE 4

January 29, 2014

RULE MAKING ACTIVITIES

WORKERS' COMPENSATION BOARD

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. WCB-04-14-00002-P

Conform Regulations to 12 NYCRR Section 300.22

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rulemaking to amend sections 300.22, 300.26, 300.29, 300.33, 300.37, 312.2, 312.5, 327.3 and 403.1 of Title 12 NYCRR.

Statutory authority:

Workers’ Compensation Law, sections 117, 124 and 25

Subject:

Conform regulations to 12 NYCRR section 300.22.

Purpose:

Provide for electronic filing of certain reports and notices.

Substance of proposed rule (Full text is posted at the following State website:wcb.ny.gov):

The proposed regulation amends 12 NYCRR sections 300.22, 300.26, 300.29, 300.33, 300.37, 312.2, 312.5, 327.3 and 403.1 to conform existing regulations to the newly adopted section 300.22 of Title 12 of the NYCRR. Section 300.22 of Title 12 of NYCRR streamlines the process for notice and reporting by insurance carriers and self-insured employers.

Subparagraph (4) of subdivision (f) of section 300.22 of Title 12 of the NYCRR is amended to add subparagraph (3) to the list. Subparagraph (3) was inadvertently omitted from subparagraph (4) of subdivision (f) of section 300.22 of Title 12 of the NYCRR, when that regulation was adopted.

Section 300.26 of Title 12 of the NYCRR is amended to add the required filing of a subsequent report of injury for all payments.

Section 300.29 of Title 12 of the NYCRR is amended to remove the reference to the C-8/8.6 and replace it with a subsequent report of injury.

Subdivision (b) of section 300.33 of Title 12 of the NYCRR, is amended change the term “filed” to “submitted.”

Subdivision (d) of section 300.33 of Title 12 of the NYCRR, is amended to add “statement” after “pre-hearing conference.”

Subparagraph (1) of subdivision (f) of section 300.33 of Title 12 of the NYCRR, is amended to add notices to the information that may need to be supplied to the Board in addition to forms.

Subparagraph (4) of subdivision (f) of section 300.33 of Title 12 of the NYCRR, is amended to replace “C-2” with “first” report of injury and add carrier to those who file a first report of injury in addition to the employer.

Section 300.37 of Title 12 of the NYCRR is amended to add notice to the references to documents and forms, to replace the word “file” with “submit,” and to provide that such notices shall be in the format prescribed by the chair.

Section 312.2 of Title 12 of the NYCRR is amended to correct a misspelling and remove reference to the C-7.

Subdivision (h) of section 312.5 of Title 12 of the NYCRR is amended to replace the reference to filing a C-8/8.6 with a requirement to submit a report of payments.

Section 327.3 of Title 12 of the NYCRR is amended to replace reference to specific form names with references to the types of reports submitted, to remove reference to reports filed after 1994, to include email contact information, and to add a reference to 325-1.25.

Section 403.1 of Title 12 of the NYCRR is amended to remove references to filing specific forms and replace with requirements to submit a notice of initial action.

Text of proposed rule and any required statements and analyses may be obtained from:

Heather MacMaster, Workers' Compensation Board, Office of General Counsel, 328 State Street, Schenectady, New York 12305-2318, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The proposed amendments to these regulations conform the regulations to the new electronic filing standard established in newly adopted 12 NYCRR 300.22. The proposed amendments provide for submission of reports and notices in electronic format prescribed by the Chair of the Workers’ Compensation Board rather than by submission of a named form. They also make one correction in 300.22 to incorporate a reference to a subparagraph from a list that was erroneously omitted in the adopted version. The proposed changes are ministerial. They do not change the meaning or function of any of the amended regulations. It is believed that there is no basis for objecting to the proposed amendments.

Job Impact Statement

The proposed regulation (4) of subdivision (f) of section 300.22 of Title 12 of the NYCRR amendments will not have an adverse impact on jobs. These amendments simply conform existing regulations to the newly adopted section 300.22 of Title 12 of the NYCRR. Section 300.22 of Title 12 of NYCRR streamlines the process for notice and reporting by insurance carriers and self-insured employers. The requirements to provide the notices and reports already exist under the Workers’ Compensation Law. These amendments will have no impact on jobs.