IME and Deposition Extensions Necessitated by COVID-19

Throughout the COVID-19 pandemic, the New York State Workers’ Compensation Board (Board) has issued extensions for the submission of an independent medical examination (IME) pursuant to a Notice Regarding Possible Award for Permanent Injury (EC-81.7), or for completion and submission of depositions when the parties have been directed to develop the record in a Proposed Decision. These extensions are consistent with guidance issued by the Board during the initial stage of the pandemic.

Extensions are issued at the discretion of the Board. If a party is requesting an extension, it must:

• state the reason for the request, and
• be received prior to the IME submission deadline. 

Important: During the first year of the pandemic, the Board did not deny requests, even when a reason was not specified. However, as of 15 days post issuance, the Board will no longer grant extensions without a stated valid reason for the request, and all such requests must be made prior to the initial IME or deposition transcript submission deadline. The request for extension must be submitted to the Board in writing, and must detail efforts taken to comply with the initial direction and present good cause for the additional time requested.  

To view all of the Board’s guidance related to the COVID-19 pandemic, please visit: http://www.wcb.ny.gov/covid-19/.