Key Takeaways:

• A recent update from the New York Workers’ Compensation Board (WCB) may impact which form you use when requesting a hearing to reduce or address rates

• Effective July 3, 2023, Forms C-25 and C-27 have been discontinued

• Details about  the distinct purpose of various new forms are provided here

With the July 3 discontinuance of New York Workers’ Compensation Forms C-25 and C-27, insurers must now use one of two other forms depending on the situation.

Insurers seeking to reduce or suspend payment following classification of the injured worker should file an Application for Board Review (Form RB-89) requesting a rehearing/reopening if the request is due to a medical change in condition of the injured worker, or a loss of earnings not causally related to disability.

If you are seeking to modify the rate of lost wage awards when the case is closed or marked no further action, you may file an RFA-2 if you are seeking to change the rate or have it made permanent when a CCP has been directed at a tentative, TTD, or Temporary Partial Disability (TPD) rate.

All other reopening requests seeking to modify the rate of lost wage awards outside of these circumstances must be submitted through Form RB-89.

In sum, as of July 3, 2023, in cases where the claimant has been classified and you want to reopen the case in order to change the rate of claimant’s payments, you have to use the RB-89 Form. The exception to this rule is cases where, despite the classification, awards have been directed at a tentative or temporary rate (e.g., in the case of ongoing reduced earnings awards, or periods of temporary disability following a surgery), in which case, you can still use the RFA-2 Form.

If you have questions or concerns about how these acts may affect your business, please reach out to:

• Lauren E. Palermo
• Philip Unwin
• Todd M. Jones
• Damon M. Gruber
• Sean J. McKinley
• Or another member of our Workers’ Compensation group