N.Y. Comp. Codes R. & Regs. tit. 12 § 300.25

Current through Register Vol. 46, No. 22, May 29, 2024

Section 300.25 - Cases involving serious facial or head disfigurement

In cases involving serious facial or head disfigurement:

(a) A claimant residing outside the State more than 50 miles from the place of hearing may submit secondary evidence of such disfigurement in lieu of a personal appearance, unless his appearance is directed by the board or requested by the carrier.

(b) Secondary evidence shall consist of a clear color photograph, measuring at least 8" x 10", showing a close-up view of the face, head and/or neck region, and attached thereto, a notarized statement signed by the claimant, indicating that:

(1) claimant resides outside the State and would have to travel more than 50 miles from outside the State to attend the hearing;

(2) claimant posed for the photograph; and

(3) the date the photograph was taken.

(c) The expense of obtaining the secondary evidence shall be borne by the claimant, if claimant elects not to appear. Where, however, review is requested and secondary evidence is used, the cost shall be borne by the party requesting the review.

(d) The reasonable expense incurred by a claimant in attending a hearing in a disfigurement case, shall be borne by the carrier when:

(1) the claimant, residing outside the State, is required to travel from outside the State, and the carrier requires the presence of the claimant at such a hearing; or

(2) the claimant, residing and involved in travel within the State (where the carrier requests a board panel review) is required to appear at a hearing at a place other than where the original hearing was held before a Workers' Compensation Law judge.

(e) The provisions of this rule shall not in any way affect:

(1) the right of the carrier to have the claimant examined by its consultant pursuant to section 13-a(4) of the Workers' Compensation Law;

(2) the requirement for a medical report describing the scars, atrophy, deformity or discoloration of any part of the face, head and/or neck indicating their locations and indicating whether these are permanent; or

(3) the authority of the board panel or Workers' Compensation Law judge to direct an impartial examination by a doctor in the area where the claimant resides, to be paid for by the carrier.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.25