New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.20 - Proof of facts of existence, relationship and dependency under section 121-a of the workers' compensation law

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If in any claim where the questions of
				  dependency, relationship and present existence are at issue, the persons
				  claiming relation to or dependency upon a decedent employee under sections 16 and 17  of the Workers' Compensation Law cannot for good and sufficient reason
				  appear before and be examined by a diplomatic or consular officer of the United
				  States, as provided by section 121-a  of the Workers' Compensation Law the board
				  may require that such claimants appear before a person designated by it and
				  that proofs on the questions at issue be submitted to such designated person as
				  hereinafter provided. The parties in interest may by agreement or stipulation
				  designate the person before whom such claimants are to appear and submit to
				  examination, in which case the parties shall notify the board of such
				  designation on a form prescribed by the chairman. In the absence of such
				  agreement or stipulation and on application of any party in interest the board
				  shall designate the person before whom appearance is to be made and testimony
				  taken. The board shall send notice of the designation to the person designated.
				  No person who has any interest in the claim or is related to any party in
				  interest shall be so designated.
(b) The testimony of any person required to
				  be examined and to appear before a diplomatic or consular officer of the United
				  States or a designated person may be given wholly or partly in oral
				  examination, be taken wholly or partly in written interrogatories, or by taking
				  the deposition of such person. Where testimony is given orally before such
				  officer or designated person, he shall make or cause to be made a full and
				  complete record of the proceedings. Where oral examination is provided, the
				  parties may be represented. Any adverse party may cross-examine such person
				  required to appear and be examined, and shall have the right to so examine as
				  to any oral testimony given even if the examination is partly by written
				  interrogatories and such party has failed to file cross-interrogatories. All
				  questions regarding the admissibility of evidence in connection with an
				  examination by such officer or designated person may be raised at any hearing
				  before the board and shall be determined by the board.
(c) The fees for services rendered and the
				  actual and necessary expenses, disbursements or cost of the officer or person
				  so designated shall be paid by the party making the application in an amount
				  approved by the board, unless the officer or person so designated has waived
				  the payment of the whole or any part thereof, or the parties have by agreement
				  stipulated the amount and manner of such payment.
(d) The notice sent by the board to such
				  designated person, copies of which shall be furnished to the parties in
				  interest, shall contain the following:
(1)
				  the name and address of such designated person;
(2) the time, place or location where such
				  examination is to be held;
(3) the
				  name and address of the person to be examined or such description of an unnamed
				  person as to clearly and definitely disclose his identity;
(4) the subject matter about which such
				  person is to be examined;
(5) there
				  shall also be sent a copy of this section and any interrogatories or
				  cross-interrogatories to be propounded.