Reviewed against NYS WCB primary sources · Last reviewed August 2026
When there's a fight
NY workers' comp disputes, hearings & appeals
Claims get controverted, benefits get suspended, doctors disagree. Here's how New York resolves it — from the Independent Medical Exam through the four-level appeal ladder, plus how cases finally close.
Independent Medical Exams (IME)
The insurer can require you to be examined by its registered doctor (WCL §137).
- You must get at least 7 business days' notice, and be told if it will be recorded.
- The location must be reasonable and accessible.
- You must attend — skipping it can suspend or cut off benefits.
- IME communications must be in writing and copied to your side.
Hearings & conciliation
- Disputed issues go before a Workers' Compensation Law Judge (WCLJ).
- Most hearings are now virtual — as of Feb 2, 2026, witnesses must appear on video with faces visible.
- Simpler disputes may be resolved by conciliation (a Board attorney's proposed decision); if you're unrepresented a judge must approve it.
The appeal ladder
| # | Step | How | Clock |
|---|---|---|---|
| 1 | Board Panel review | Form RB-89 | 30 days |
| 2 | Full Board / reconsideration | Form RB-89.2 | 30 days |
| 3 | Appellate Division, Third Dept. | Notice of Appeal | 30 days |
| 4 | NY Court of Appeals | Discretionary | — |
Do you need a lawyer?Representation is optional — but here's the key fact: attorney fees are set by the Board and deducted from your award. You never pay a workers' comp lawyer out of pocket or up front. Free help is available through the Board's Advocate for Injured Workers (AdvInjWkr@wcb.ny.gov).
Endgame
Settlements & third-party lawsuits
Section 32 settlements
A Section 32 waiver agreement is a full-and-final (usually lump-sum) settlement of your claim.
- The Board must approve it — it can reject a deal that's unfair, unconscionable, or based on a misrepresentation.
- You get a 10-calendar-day window to withdraw after submission.
- Think hard about future medical: a full §32 can close medical coverage forever.
Third-party lawsuits (WCL §29)
If someone other than your employer or coworker caused the injury — a negligent driver, a defective machine — you can sue them and collect comp.
- The carrier gets a lien on your third-party recovery for what it paid.
- You generally need the carrier's (or Board's) written consent to settle the lawsuit, or you risk future benefits (WCL §29[5]).
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