New York WCB's Video Testimony Requirements

On December 9, 2025, the New York State Workers’ Compensation Board issued Subject Number 046-1784, announcing that effective February 2, 2026, all claimants and lay witnesses testifying at virtual hearings must appear on video with their faces fully visible. This change eliminates the prior option for claimants and witnesses to testify by telephone and expands the video requirement beyond attorneys and legal representatives.

This rule change carries meaningful implications for insurance carriers, particularly in the areas of credibility assessment, witness preparation, claims handling strategy, and litigation risk management.

Enhanced Credibility Assessment

The Board’s directive reflects an effort to improve the quality of virtual hearings by allowing Workers’ Compensation Law Judges to observe demeanor, responsiveness, and nonverbal cues during testimony.

For insurance carriers, this may result in:

• Clearer credibility determinations in disputed claims
• Greater scrutiny of allegations involving ongoing disability or unwitnessed accidents
• Reduced reliance on testimony assessed solely by voice and content
• Fewer adjournments, repeat hearings, and prolonged disputes

Increased Importance of Witness Preparation

The new rule raises the standard for witness preparation, particularly for employer representatives and other lay witnesses who must now testify on camera.

Key considerations include:

• Ensuring witnesses are comfortable with video technology
• Conducting technology checks in advance of hearings
• Preparing witnesses on virtual hearing etiquette and presentation
• Avoiding appearances of distraction, disorganization, or unfamiliarity with the process

A witness who appears unprepared or technologically challenged may undermine an otherwise strong defense.

Heightened Procedural Risk and Compliance Obligations

Subject Number 046-1784 introduces increased procedural risk for noncompliance. The Board has made clear that failure to appear on video may result in:

• Witness preclusion
• Procedural penalties

For carriers relying on third-party witnesses, such as supervisors or coworkers, this requires:

• Earlier identification of necessary witnesses
• Confirmation of video capability well in advance
• Elimination of informal or last-minute telephone participation

The loss of critical testimony due to noncompliance could materially affect claim outcomes.

Operational and Claims Handling Impacts

From an operational perspective, the video testimony requirement may shift adjuster and claims team involvement earlier in the litigation process.

This may include:

• Earlier coordination with defense counsel
• Verification of witness availability and technological readiness
• Increased front-end administrative effort

While this may require additional preparation at the outset, it may ultimately reduce litigation costs by minimizing delays, incomplete records, and avoidable appeals.

Impact on Claim Resolution and Litigation Strategy

The increased formality of video testimony may also influence claim behavior and resolution dynamics. Potential effects include:

• Discouraging marginal claims from proceeding to trial
• Allowing carriers to reassess exposure earlier based on observed claimant behavior
• Supporting more efficient claim resolution
• Increasing predictability in controverted matters over time

Carrier Considerations Under the New Rule

Subject Number 046-1784 represents a procedural shift that will impact how claims are evaluated, prepared, and litigated. By requiring participants to appear on video, the Board aims to enhance communication and the overall quality of virtual hearings.

For insurance carriers, this change presents both opportunity and risk:

• Opportunities: More informed credibility assessments and clearer decision-making
• Risks: Increased emphasis on witness preparation, technology planning, and coordination with counsel

Carriers that proactively adapt—through early witness identification, confirmation of video capability, and close alignment with defense counsel—will be best positioned to avoid penalties, witness preclusion, delays, and unfavorable outcomes.

Contact Our Workers’ Compensation Team

For questions about how the New York WCB’s video testimony requirement may affect you, please contact Isis Davidson, Irene Nikolados, or another member of Chartwell’s Workers’ Compensation team.