Our Deep Dive takes a look at the proposed regulatory changes to the New York Workers’ Compensation system, specifically regarding the cross-examination and deposition of medical witnesses. Under these updates, judges would transition from mandatory to discretionary authority when deciding whether to grant hearing adjournments for physician testimony. Furthermore, employers and insurance carriers would be required to coordinate all depositions and shoulder every associated cost, regardless of which party requested the testimony. 

The regulations also introduce a tiered fee structure for medical professionals that increases significantly based on the duration of the testimony and the timeliness of the payment. Critics of these measures argue that placing the entire financial and administrative burden on the defense could incentivize excessive requests for medical depositions.

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