Hearings are issue-specific. Know what's being decided. Bring the evidence.
What's happening
The hearing notice from the WCB identifies the date, time, location (most NY workers' comp hearings are now virtual via WebEx), and the issue or issues to be decided. The judge will hear testimony and evidence on the specific issues, then issue a decision either on the record or in a written Notice of Decision (NOD) afterward. The carrier will be represented by defense counsel. Both sides may call witnesses. Medical evidence in the form of physician reports is the primary record; live testimony is the secondary record.
What comes next
- Know exactly what the hearing is about. Read the hearing notice. The issues to be decided are listed. If you don't understand the issue, ask — issues like 'apportionment,' 'attachment,' 'classification' have specific meanings and specific evidence requirements.
- Build the medical evidence. Most workers' comp hearing issues are decided primarily on medical evidence — treating physician reports, IME reports, sometimes a Records Review or rebuttal physician. Make sure your treating physician's most recent C-4 addresses the specific issue being decided.
- Prepare your testimony. Be ready to describe the accident, the mechanism of injury, current symptoms, work activities since the injury, what you can and can't do. Specific dates and concrete details. Stay calm under cross-examination.
- Understand what relief is being sought. Are you asking the judge to restore benefits, set the AWW, award SLU, classify the case, find the IME report unreliable, sustain a variance, address controversion? The relief sought drives the strategy.
- Confirm logistics. Most hearings are now virtual. Test the WebEx link in advance. Know the docket-call procedure. Be available 30 minutes before through 60 minutes after the scheduled time — workers' comp hearings notoriously run on their own schedule.
Common pitfalls at this stage
- Showing up unprepared. Workers' comp hearings move quickly. Judges have full dockets. There is no time to figure out the issue on the day of.
- Conceding issues at the hearing without thinking. Defense counsel may try to narrow or stipulate issues in ways that disadvantage the claimant. Be careful what you agree to.
- Not having current medical. A treating physician's C-4 older than ~90 days may not be enough. Get current.
- Going to hearing unrepresented on a technical issue. Causation, AWW, classification, apportionment — these reward representation. Defense counsel is professional and prepared.
- Missing the hearing. Failure to appear typically results in adverse rulings, sometimes case closure. If you can't make the hearing, request a postponement in advance through the WCB.
Tools, FAQs, and pages relevant to this stage
When to call now
Before the hearing. Representation at hearing changes the dynamic — and the technical issues (causation, AWW, classification, apportionment) are issue-spotting exercises where defense counsel has the home-field advantage on unrepresented claimants.
Attorney Advertising — Educational Use Only. This page provides general information about New York workers' compensation. It is not legal advice and does not create an attorney-client relationship. Every case turns on its facts. For analysis of your matter, contact Levi directly.