Special Alert for Third-Party Administrators
As we noted in our last issue, new Board Rules effective 10/3/16 (12 NYCRR §300.13 et sec.) do not require service of Applications for Administrative Review, Rebuttals or Applications for Reopening/Reconsideration on third-party administrators even when the Board includes the third-party administrator in the notice of hearing or decision. Only self-insured employers and carriers are deemed to be “necessary parties of interest” upon whom such appeals must be served. This means that your defense counsel may not receive the Application either. Therefore, it is critically important that you confer with the carrier or self-insured employer to verify whether the claimant has filed an Application and that you review eCase approximately 20 days after the Notice of Decision is filed, again 30 to 35 days, and finally 40 to 45 days after the Notice of Decision is filed. If you determine that an appeal has been filed, please notify your counsel immediately so that they can submit a Rebuttal in a timely fashion.