Subject Number 046-1836 Adoption of Amendments to Sections 300.10, 301.1, and 301.3 of Title 12 of the NYCRR (Depositions).

Board Bulletins and Subject Numbers

October 14, 2026

The Chair of the New York State Workers' Compensation Board (Board) has adopted the amendments to Sections 300.10, 301.1, and 301.3 of Title 12 of the NYCRR to update the depositions process and fees.

The Notice of Proposed Rule Making was published in the January 21, 2026, edition of the State Register. The Notice of Revised Rule Making was published in the June 3, 2026, edition of the State Register. The Notice of Adoption will be published in the October 21, 2026, edition of the State Register. The amendments will take effect January 1, 2027.

Updated Fee Amounts

When a deposition is required by a physician or podiatrist, the fee is $500 for the first hour or fraction thereof and $125 for each additional 15-minute increment or fraction thereof, if the fee is paid within 45 days of the deposition. If the fee is paid 46 or more days after the deposition, the fee is $700 for the first hour or fraction thereof and $125 for each additional 15-minute increment or fraction thereof. Submission of a bill, including the CMS -1500, is not necessary, nor is a Board decision required to direct deposition payment.

When a deposition is required by a chiropractor, nurse practitioner, licensed clinical social worker, physician assistant, or psychologist, the fee is $400 for the first hour or fraction thereof and $100 for each additional 15-minute increment or fraction thereof, if the fee is paid within 45 days of the deposition. If the fee is paid 46 or more days after the deposition, the fee is $600 for the first hour or fraction thereof and $100 for each additional 15-minute increment or fraction thereof. Submission of a bill, including the CMS-1500, is not necessary, nor is a Board decision required to direct deposition payment.

Process for Requesting Payment of Unpaid Deposition Fees

If a deposition fee has not been paid within 45 days of the deposition, a health care provider may file a Request for Decision on Unpaid Medical Bill(s) (Form HP-1.0) just as they would for an unpaid medical bill. When submitting the HP-1.0 form for payment of a deposition fee, health care providers must attach a Deposition Testimony Affirmation (available January 1, 2027) as a PDF. This affirmation must be attached in place of the required medical bill/CMS -1500 when requesting payment of a deposition fee. When prompted to attach the required medical bill in the submission of Form HP-1.0, please submit the Deposition Testimony Affirmation. Please do not submit the Deposition Testimony Affirmation to the Workers' Compensation Board separately, as it must be attached with the online submission of Form HP-1.0.

A Form HP-1.0 must be submitted within the same 165-day timeframe as a request involving any other billing dispute. This means that the Form HP-1.0 and accompanying Deposition Testimony Affirmation must be submitted no earlier than 45 days and no later than 165 days from the date of the deposition.

Cross-Examination Updates

Section 300.10(c) of Title 12 of the NYCRR has long provided that when an employer or carrier requests that opportunity to cross-examine a treating health care provider, the Workers' Compensation Law Judge (WCLJ) "shall grant an adjournment for such purpose." However, as of January 1, 2027, Section 300.10(c) of Title 12 of the NYCRR will be amended to require the employer or carrier to "provide an offer of proof showing the reason for cross-examination" and to give WCLJs discretion to grant a request to cross-examine a treating health care provider. When denying a request to cross-examine a treating health care provider, a WCLJ is required to "address such offer and provide the basis of any denial of an adjournment" (Section 300.10(c) of Title 12 of the NYCRR).

Although Section 300.10(c) of Title 12 of the NYCRR only expressly addresses an employer or carrier's request to cross examine a treating physician, an offer of proof is also required to cross-examine any treating health care provider, not just physicians, and for a claimant to cross-examine an employer or carrier's independent medical examiner.