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Subject Number 046-891 Revised Procedure for Entering into Stipulations

Board Bulletins and Subject Numbers

October 28, 2016

Section 300.5(b) of 12 NYCRR is amended, effective November 2, 2016, to streamline the process for entering into a stipulation in a workers' compensation proceeding.

The revised rule permits parties to a workers' compensation claim to enter into stipulations in accordance with an agreement reached at a hearing or outside of a hearing. Currently, parties that wish to stipulate to undisputed findings or facts must appear at a hearing, create a writing of the agreement, sign the agreement and have the agreement reviewed and approved at that hearing by the Workers' Compensation Law Judge. The revised rule permits employers, insurers and represented claimants to create a written stipulation using the Board's Stipulation (Form C-300.5) and submit it to the Board for review and approval without requiring the parties to appear at a hearing. This eliminates unnecessary hearings and significantly reduces delays, particularly with regard to the payment of compensation.

The rule also permits all parties (including unrepresented claimants) to enter into a stipulation at a hearing on the record without requiring that such agreement be reduced to a writing, other than the resulting decision of the presiding Workers' Compensation Law Judge. The revised hearing process will reduce delays and redundant paperwork.

Form C-300.5 shall not be used for agreements settling upon and determining claims for compensation pursuant to Section 32 of the Workers' Compensation Law and 12 NYCRR § 300.36.

Form C-300.5 has been revised and must be used effective November 2, 2016 for stipulations entered into outside of a hearing. The revised Form C-300.5 and the amended 12 NYCRR 300.5 are available on the Board's website. Please see: Stipulation (Form C-300.5) and Amendment of 12 NYCRR 300.5 (Stipulations).

Kenneth J. Munnelly