ny-WCB-03-26-00003-A: Depositions

I.D. No. WCB-03-26-00003-A Filing No. 897 Filing Date: 2026-09-30 Effective Date: 2027-01-01 PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- cedureAct, NOTICE is hereby given of the following action: Action taken: Amendment of sections 300.10, 301.1 and 301.3 of Title 12 NYCRR. Statutory authority: Workers’ Compensation Law, sections 117 and 141 Subject: Depositions. Purpose: To update the deposition process. Text or summary was published in the January 21, 2026 issue of the Reg- ister, I.D. No. WCB-03-26-00003-P. Final rule as compared with last published rule: No changes. Revised rule making(s) were previously published in the State Register on June 3, 2026. Text of rule and any required statements and analyses may be obtained from: Courtney Vallee, Workers’ Compensation Board, 328 State St., Schenectady, NY 12308, (518) 486-9564, email: regulations@wcb.ny.gov Revised Regulatory Impact Statement A revised Regulatory Impact Statement is not required because the changes made to the last published rule do not necessitate revision to the previously published document. These changes do not affect the meaning of any statements in the document. Revised Regulatory Flexibility Analysis A revised Regulatory Flexibility Analysis is not required because the changes made to the last published rule do not necessitate revision to the previously published document. These changes do not affect the meaning of any statements in the document. Revised Rural Area Flexibility Analysis A revised Rural Area Flexibility Analysis is not required because the changes made to the last published rule do not necessitate revision to the previously published document. These changes do not affect the meaning of any statements in the document. Revised Job Impact Statement A Job Impact Statement is not required because the proposed regulation will not have any impact, adverse or otherwise, on jobs or employment opportunities. The proposed amendments update procedures for taking depositions. Initial Review of Rule As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2029, which is no later than the 3rd year af- ter the year in which this rule is being adopted. Assessment of Public Comment During the public comment period, the Board received 5 comments, some of which addressed multiple issues. One comment recommended including language that direct examina- tion is waived unless authorized or directed by the Workers’ Compensa- tion Law Judge, or that direct examination is denied in all depositions. This was addressed in the previous assessment of public comment. One comment criticized raising the deposition rates for all providers, including physician assistants. Deposition fee increases were addressed in the previous assessment of public comment. Physician assistants were added as a result of the previous public comments. The Board sees no rea- son to provide a lower fee to physician assistants than other healthcare provid