- In New York State, the mandatory workers' compensation program operates under the direction of the New York State Workers' Compensation Board.
In New York, workers' comp is a bargain between employer and employee. The employer guarantees that it will provide full medical coverage for any job-related injury or illness. Should the employee be temporarily disabled, the employer will make periodic payments to replace lost wages. If disability is permanent, the employee receives permanent disability benefits. The employee agrees not to sue the employer unless the loss was caused by the employer's deliberate action.
Voth sides of a worker's comp hearing in New York have the right to issue subpoenas. The subpoena is valid when signed by the hearing officer. Following the issuance of the subpoena, it will delivered to the witness by a process server. - Although in theory, New York State workers' comp is a "no fault" insurance program, both the employer and the employee have the right to hearings to establish the facts of the alleged
work-related injury or illness.
The employer may be trying to have the employee return to work, claiming he is no longer disabled, or the employee may be attempting to prove his disability is permanent.
To get evidence or a witness to testify, both sides must have the ability to issue subpoenas. - There are two types of subpoenas that are used in New York for workers' compensation matters. The first is the Subpoena Duces Tecum. This subpoena deals with documents, photographs and any other type of evidence to be presented at the hearing. It includes a statement of what is needed, when it is needed and where the evidence is to be delivered.
The other type of subpoena is a general subpoena, a summons that orders an individual to attend the hearing. It contains the name of the case, the time and the location for the appearance. - Workers' Compensation Law §119 provides that a subpoena may be issued by the chairman, a member of the board, referee or such officer as may be designated by the chairman. This chapter also provides that a subpoena also be signed and issued by any attorney and counselor at law appearing before the board on behalf of a claimant or other party. A subpoena issued under this chapter shall be regulated by civil practice law and rules.
The provisions of WCL §119 apply only to licensed attorneys. - A subpoena from an Administrative Law Judge (ALJ) is a mandate to either provide information to the court for the hearing or appear in person before the hearing as a witness.
Hence, failure to appear (FTA) can result in the witness being found in contempt of court. If the ALJ finds that a potential witness is in contempt, he has the power to fine and even imprison her. - When responding to a Subpoena Duces Tecum, an individual brings evidence to the hearing. He will then be sworn in under oath and identify the evidence and attest to its authenticity.
If answering a subpoena to testify, the respondent will be sworn in and must promise to tell the truth. He is then examined and then cross-examined by counsel.