Proposed NY WCB Deposition Rule Changes

The New York Workers’ Compensation Board’s January 2026 proposed amendments to Sections 300.10, 301.1, and 301.3 may appear to be merely procedural, but they are not.

If adopted, these changes will directly affect how carriers manage the cost of depositions, internal systems, and litigation strategy in contested claims.

At this time, the Board is considering changes to its Rules and Regulations that govern the handling of depositions. The current rules remain in place, but the Board is accepting public comment over these proposed changes. For the time being, carriers should continue to defend claims as usual.

The highlights of the proposed changes include:

For physicians and podiatrists:

• Minimum appearance fee increased to $500
• $700 if paid later than 45 days after the deposition date
• $125 for each 15-minute block over one hour

For chiropractors, nurse practitioners, licensed clinical social workers, and psychologists:

• Minimum appearance fee increased to $400
• $600 if paid later than 45 days after the deposition date
• $100 for each 15-minute block over one hour

Additional proposed changes include:

• All extension requests must be submitted in writing before the due date
• Judges would have discretion to deny a request to depose a medical provider (ending the Court of Appeals requirement to always grant depositions under Matter of Lazalee v. Wegman's Food Mkts., Inc., 2023 NY Slip Op 06343)
• Carriers would be responsible for scheduling and issuing subpoenas to all medical witnesses, not just adverse witnesses

Deposition Fees Mean Financial Exposure

The proposal would also require physician deposition fees to be paid within a specified timeframe, with a clear due date that does not require judge or Board direction. If payment is delayed, interest may accrue, similar to unpaid medical bills.

Carriers should stay in close communication with counsel regarding the specific dates on which medical providers appear for depositions to ensure that payments are issued promptly. This shifts deposition invoices from routine billing matters to potential cost exposure.

Carriers will need tighter controls around:

• Invoice review and approval
• Payment timelines
• Coordination between adjusters and counsel

When a physician’s testimony indicates apportionment, permanency, or causal relationship findings, a fee dispute should not complicate the defense. Payment discipline becomes part of litigation strategy.

Procedural Precision Will Matter More

The amendments also formalize deposition scheduling, transcript production deadlines, and extension requests. Informal practices will bring greater risk.

Missed deadlines or improper filings may:

• Create leverage for opposing counsel
• Increase unnecessary costs
• Delay resolution of the claim

Carriers should review deadline tracking systems, transcript follow-up protocols, and billing escalation procedures now, before the rules potentially take effect.

Depositions Must Be More Deliberate

With tighter procedures and potential interest exposure, deposition decisions should be strategic, not reflexive.

Before scheduling, carriers should ask:

• Does this deposition materially impact exposure?
• Is it essential to defend the claim?
• Is there a more efficient alternative?

More structure in the rules leaves less room for inefficiency.

Prepare Now to Protect Against Future Exposure

If adopted, these amendments will require greater coordination among adjusters, defense counsel, and billing teams. Compliance will not be passive. It will demand operational discipline.

For carriers, strengthening internal processes now will prevent avoidable expenses later.

If you would like to discuss how these proposed changes may affect your claims handling procedures, contact Chartwell’s Workers’ Compensation team. Our attorneys are closely monitoring the proposed amendments and can help you assess risk and implement practical strategies to control exposure before the rules take effect.