Steps to Take if Your WC Testimony Deposition is Not Paid
If you are not paid within 10 days of the completion of a deposition, you should send a letter to the insurer’s claim administrator stating so. The letter should include the workers’ compensation case number, the date of the deposition, and a request for payment within 10 days of the letter.
If the insurer’s claim administrator does not make payment within 10 days after the letter, you should send correspondence, via hard copy or email, to the Board requesting assistance. In each correspondence, please be sure to include the following, or the Board will be unable to take any action:
- A cover letter addressed to the Workers’ Compensation Board, laying out the date(s) of the testimony given, the date(s) on which payment was sought, and a statement that the doctor still has not been paid.
- Copies of any demand letters sent to the carrier informing the carrier that payment is owed. At least one of these demand letters should have been sent to the carrier after October 2018 and should specifically indicate that: 1) testimony was given on a particular date or dates; 2) there was a direction for payment within 10 days of the testimony, but payment still has not been made; 3) asking for payment within 10 days of the receipt of the letter.
Note: Please do not include/attach any additional documents (e.g., the subpoena that prompted the deposition, a bill for the deposition in the format of a CMS-1500 form, etc.) to the letter, as this may interfere with the processing of your request.
If you send the correspondence via hard copy, it must be sent to the Board’s centralized mailing address:
NYS Workers’ Compensation Board
Centralized Mailing Address
PO Box 5205
Binghamton, NY 13902-5205
OR
DO NOT include your cover letter in the body of the email. Ensure it is an attachment and the letter you sent to the carrier.
For more information, please be sure to visit the website.
