1. What Should You Do before a Workers Comp Hearing?
Start with the issue identified in the hearing notice from the Workers’ Compensation Board. A dispute about continuing wage benefits requires different preparation from a dispute about whether an injury is work-related. Confirm which questions the Workers’ Compensation Law Judge, or WCLJ, will address.
Review the Hearing Notice and Claim File
Check the hearing date, time, Virtual Hearing ID, and any directions about testimony or document deadlines. The Virtual Hearing ID is different from your WCB case number. Ask your attorney whether you will need to testify and which records require attention before the hearing.
Review the Board’s case file through eCase, where available, to confirm receipt of the medical reports and other records relevant to the dispute. Keeping a report in your own files does not establish that the Board received it.
Prepare Your Testimony and Video Attendance
Review the injury timeline, job duties, treatment, and any work you have performed since the injury. Your answers should reflect what you remember and what the records show. If you cannot recall a detail, say so instead of guessing. An attorney can help you understand the questions likely to arise from the disputed issues.
Since February 2, 2026, claimants and lay witnesses who testify at virtual hearings generally must appear by video with their faces visible. A narrow exception may permit an unrepresented claimant without access to the necessary technology to testify by telephone. Claimants who are not testifying are encouraged, but not required, to appear by video.
2. Which Evidence Matters When Your Benefits Are Disputed?
An accepted injury does not settle every benefits question. Disputes over workers’ compensation benefits may concern earnings, disability, treatment, or the ability to return to work. The records should address the particular finding you need the judge to make.
Connect Each Record to the Disputed Issue
Compare the treating provider’s report with any independent medical examination (IME) report. Identify the findings the doctors disagree on, such as causation or work capacity, and check which records support each opinion.
| Disputed Issue | Records to Review | What the Records Should Address |
|---|---|---|
| Injury causation | Medical history, treating-provider reports, IME reports | The connection between work and the claimed condition |
| Average weekly wage | Payroll records, work schedule, employment history | The earnings and statutory calculation method relevant to benefits |
| Disability and work restrictions | Medical evaluations, written restrictions, actual job duties | Work capacity and whether offered duties fit the restrictions |
| Treatment authorization | PAR decision, clinical findings, treatment history | The reason for denial and the applicable review route |
Injury causation
- Records to ReviewMedical history, treating-provider reports, IME reports
- What the Records Should AddressThe connection between work and the claimed condition
Average weekly wage
- Records to ReviewPayroll records, work schedule, employment history
- What the Records Should AddressThe earnings and statutory calculation method relevant to benefits
Disability and work restrictions
- Records to ReviewMedical evaluations, written restrictions, actual job duties
- What the Records Should AddressWork capacity and whether offered duties fit the restrictions
Treatment authorization
- Records to ReviewPAR decision, clinical findings, treatment history
- What the Records Should AddressThe reason for denial and the applicable review route
Establish Work-Related Aggravation or Occupational Disease
A pre-existing condition does not automatically prevent compensation. Work-related aggravation can support a claim when medical evidence establishes the necessary causal relationship. The worker generally bears the initial burden of establishing a compensable claim, subject to applicable statutory presumptions. A treating provider’s report should explain how the work contributed to the condition, rather than list the diagnosis alone.
Check Wage Calculations and Disability Findings
Workers’ Compensation Law § 14 provides different methods for calculating average weekly wage. Seasonal or irregular employment may require comparable earnings or another statutory method that fairly reflects earning capacity. Incomplete payroll records can leave the calculation open to dispute.
Permanent disability raises a separate question. Schedule loss of use awards differ from nonschedule permanent partial disability classifications. For a nonschedule classification, loss of wage-earning capacity can involve medical impairment, functional limitations, and vocational factors. A medical impairment rating does not by itself resolve the earning-capacity question.
Assess a Light-Duty Offer against Medical Restrictions
Compare the actual duties, hours, and pay of an offered position with current medical restrictions. A job described as “light duty” may still require lifting, standing, or other tasks the treating provider has restricted. The offer, medical reports, and wage records help explain whether ongoing earnings loss relates to the disability.
A temporarily partially disabled worker may need to document reasonable efforts to find work within medical restrictions. A worker entitled to benefits when classified with permanent partial disability generally need not show ongoing labor-market attachment. The relationship between the disability and lost earnings can still remain in dispute.
Identify the Review Route for a Treatment Denial
The Medical Treatment Guidelines and prior authorization rules govern many treatment disputes. A provider submits a required Prior Authorization Request, or PAR, through OnBoard. Treatment outside the guidelines may require a variance supported by medical justification.
Certain medical denials can proceed to the Medical Director’s Office for review, while other disputes require Board adjudication. The request type and reason for denial determine the available route. Review the PAR decision with the provider and attorney before assuming that a traditional hearing is the next step.
3. What Can the Judge Decide at Your Hearing?
The judge can hear testimony, review medical and wage evidence, and decide the issues before the Board. A hearing may establish entitlement to benefits, address the degree or period of disability, or require additional evidence before a ruling.
Understand the Ruling and Any Further Directions
Some hearings resolve a narrow issue. Others lead to further testimony, medical depositions, or another hearing. The judge may issue a decision after the hearing or reserve the decision while the record develops.
Review the written decision for the findings, benefit periods, and any directions requiring further action. If the ruling differs from what you expected, identify the finding that affects your benefits and the evidence the judge relied on.
Request Board Review within the Applicable Deadline
Under Workers’ Compensation Law § 23, an application for administrative Board review generally must reach the Board within 30 calendar days after the judge’s decision is filed. The deadline runs from the filing date, rather than the date you read the decision.
A represented claimant must use the current Form RB-89 and comply with the applicable completion and service requirements. The application should identify the challenged findings or legal errors and the supporting hearing record. Unrepresented claimants have exceptions to certain form and service requirements. The reviewing panel may affirm, modify, reverse, or return the matter for further proceedings.
Recognize When Another Claim Affects Your Benefits
Some workplace injury lawsuits proceed against a third party while compensation benefits continue. A recovery can affect the insurer’s lien or credit against future benefits. Before settlement, an attorney should determine whether the carrier’s written consent or court approval is required under Workers’ Compensation Law § 29(5). Settling without required approval can jeopardize continued benefits.
Retaliation for seeking compensation can support a separate complaint under Workers’ Compensation Law § 120. Form DC-120 generally must be filed with the Board within two years of the discriminatory act. The worker must connect the employer’s action to protected compensation activity; dismissal after filing alone does not establish retaliation. Remedies can include reinstatement and lost earnings. Accommodation claims under the federal Americans with Disabilities Act and the New York Human Rights Law involve different standards.
4. How Do You Request Review of a Workers Comp Hearing Decision?
Review begins with the written decision and the evidence relevant to the challenged findings. For workers comp appeals, identify the benefit period or legal issue affected by the ruling and check the filing date before preparing a review application.
Request Board Review within the Applicable Deadline
Under Workers’ Compensation Law § 23, an application for administrative Board review generally must reach the Board within 30 calendar days after the judge’s decision is filed. The deadline runs from the filing date, rather than the date you read the decision.
A represented claimant must use the current Form RB-89 and comply with the applicable completion and service requirements. The application should identify the challenged findings or legal errors and the supporting hearing record. Unrepresented claimants have exceptions to certain form and service requirements. The reviewing panel may affirm, modify, reverse, or return the matter for further proceedings.
08 Oct, 2026
