What the hearing is for
In New York, hearings are held by the Workers' Compensation Board before a Workers' Compensation Law Judge, and many now take place virtually. A hearing is usually scheduled because something is in dispute: whether the injury happened at work, whether notice was timely, whether certain medical treatment is needed, how much you can work, or what your average weekly wage was. Some hearings are short status conferences, while others involve testimony from you, your employer, or doctors. The judge can make findings and direct further steps, and contested medical issues often turn on reports and depositions of the treating doctor and the carrier's examining doctor.
Getting ready
Keep copies of every notice and form you have received from the Board and the carrier, and review your claim file online, which shows the medical reports and documents the judge will see. Make sure your treating providers are authorized by the Board and are filing their reports, because missing medical reports are a frequent reason for delay. If you were sent to an independent medical examination arranged by the carrier, note what happened during it. Be ready to explain how the injury happened and what work you have been able to do since, plainly and consistently with what you told your doctors.
If the decision goes the wrong way
A decision can be appealed to a Board panel, and there is a short deadline to file that appeal. Further review in court is possible after that, though it is limited. In New York, attorney fees in workers' compensation cases are generally approved by the Board and paid out of an award, rather than billed up front. In a first consultation we review the claim file, the issues listed on the hearing notice, and the medical evidence, and decide whether additional reports or testimony are needed before the hearing date.
