02/05/2026 - Efficiency Enhancements: Issue 9, Pre-Hearing Conferences

The failure to file a timely notice of controversy using First Report of Injury 04-Denial (Form FROI-04) orSecond Report of Injury 04-Denial (SROI-04) potentially results in the payer waiving several defenses to the claim, and failure to file a timely Pre-Hearing Conference Statement (PHC Statement) can potentially result in the payer waiving all defenses to the claim. The Board may excuse the untimely filing of a notice of controversy upon a "showing of good cause" based upon evidence of "mistake, inadvertence, omission, irregularity, defect or surprise, or based upon newly discovered evidence" (WCL § 25(2)(b)). Likewise, the Board may excuse the untimely filing of a PHC Statement "if the Workers' Compensation Law Judge finds, based on the affidavit of the insurance carrier's legal representative (or if the insurance carrier does not have a legal representative, then by the insurance carrier), that the conduct at issue was due to good cause and the insurance carrier exercised good faith and due diligence" (12 NYCRR 300.38(f)(4)). If a payer believes the untimely filing of a notice of controversy or aPHC Statement should be excused, they should be prepared to submit relevant supporting evidence at the PHC.