As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is no later than the 3rd year after the year in which this rule is being adopted.

The Chair and Board received one written comment from a physician.

The comment suggested that the rules for the payment of testimony fees should be clarified in the regulation. It is the Board’s policy that “within ten days of the completion of a witness’s deposition, the party responsible for such witness’s fees…shall remit payment of the fee to the witness” (Matter of Kinray Inc., 2018 NY Wrk Comp G1625504). If the witness believes that a fee in excess of that set in Part 301 is warranted, they may submit a request, within ten days of the deposition, to the Workers’ Compensation Law Judge, who “will review such a request and issue a subsequent decision concerning whether an additional fee is warranted” (Id.). As the Board has a clear procedure for the payment of testimony fees, no change was made.

The comment also suggested that physicians receive half of the provider fee if a deposition is cancelled without at least forty-eight hours of notice. As there is no provision in the Workers’ Compensation Law allowing for payment for cancelled depositions, no change was made.