11/06/2026 - Board adopts amended regulations for depositions announcement - distributed via GovDelivery email

Where a deposition is cancelled , the regulation does not provide for a deposition fee. If at the scheduled deposition the parties settle or otherwise decide the d eposition is no longer needed , the provider should appear, be sworn in, and state their name and appearance on the deposition record so they can be awarded a fee. If there is no transcript with the provider sworn in, the provider will not be entitled to a fee under the new regulations.

Arranging Depositions

Newly added 12 NYCRR 300. 10(e) places the burden on the carrier to arrange and schedule all medical witnesses and parties , schedule stenographers, file and pay for the transcripts , and pay the costs of the depositions unless otherwise directed by the Board.

Extensions

Any requests for an extension of time to complete a deposition must be done in writing , on or before the deadline to produce the deposition transcript, and submitted in the format prescribed by the Board ( in the form of an affidavit or affirmation complying with CPLR 2106 ).

Deposition Reminders

As these new deposition regulations take effect, please remember that:

If the provider and the party that requested cross- examination appear for the deposition, but the opposing party does not, the party requesting cross should proceed . The doctor is not represented by the absent attorney , and the attorney's presence is not mandatory. If the provider refuses to proceed and is not "deposed" as stated in the regulation , then no deposition fee is warranted .

Hearings

When an employer or carrier requests the opportunity to cross-examine a treating health care provider, and claimant objects to that opportunity, the employer/carrier is required to "provide an offer of proof showing the reason for cross-examination . " Workers' Compensation Law Judges have discretion whether to grant the request for cross-examination .

For full details of these amendments, see the Board's Depositions webpage . For additional information regarding depositions, refer to Subject Number 046-1836 .