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Subject Number 046-486 Rule on Requests for Venue Change

Board Bulletins and Subject Numbers

July 3, 2012

Workers' Compensation Law § 141 confers on the Chair the authority to designate the times and places for the hearing of claims. The Chair is authorized by 12 NYCRR § 300.7 to establish hearing calendars that meet the needs of each district: "Board hearings shall be appointed for and held at such times and places as may be established by the Chair to meet the convenience and requirements of the several districts in the State."

It is the Board's practice to schedule hearings in the district where the claimant resides or, in any county designated by the claimant if the claimant does not reside in New York State (Venue Rule).

If a claimant wishes to request a change in venue, such request must be in writing, signed by the claimant, and indicate the basis for the requested change. All venue change requests will be reviewed by the Workers' Compensation (WC) Senior Law Judge in the district in which the claim was originally scheduled. The WC Senior Law Judge will issue a written decision granting or denying the request. If the WC Senior Law Judge grants the request, he or she shall articulate the reason(s) for the change. Any venue change request involving a municipal corporation, public authority, or public benefit corporation as the employer, shall not be granted except to a district office where the employer is located.

Venue change requests can only be submitted after the case is assigned to a district office.

Robert E. Beloten