Understanding Workers' Compensation Motions in New York

Key Motions in New York Workers' Compensation Cases

New York's Workers' Compensation Law provides specific motions that shape claim outcomes, including the Motion for Summary Judgment, Motion to Dismiss, Motion for Continuance, Motion for a Hearing, and Motion for Reconsideration. Each serves a distinct procedural purpose and must meet statutory timing and evidentiary standards.

Common Filing Deadlines and Requirements

All motions must be filed within the time limits set by the Workers' Compensation Law and the New York State Workers' Compensation Board (WCB) Rules. Generally, a Motion for Summary Judgment must be served at least 30 days before the scheduled hearing, while a Motion to Dismiss must be filed within 20 days of the employer's answer. Failure to meet these deadlines can result in a waiver of the motion.

Procedural Steps for Each Motion

1. Motion for Summary Judgment – Draft a concise statement of undisputed facts, attach supporting medical records, and cite relevant case law. Submit the motion with a proposed order and a notice of hearing.

2. Motion to Dismiss – Identify procedural defects such as lack of jurisdiction or improper service. Include a brief affidavit confirming the defect and a proposed order.

3. Motion for Continuance – Explain why additional time is needed, such as pending medical examinations or expert reports. Attach supporting documentation and propose a new hearing date.

4. Motion for a Hearing – Request a formal hearing when the issue cannot be resolved through written submissions. Provide a clear statement of the issue and why oral argument is essential.

5. Motion for Reconsideration – File within 30 days of an adverse decision, presenting new evidence or pointing out legal errors. Include a concise statement of why the original decision should be revisited.

Strategic Considerations

Choosing the right motion depends on the case's facts and the strength of the evidence. A Motion for Summary Judgment is effective when medical evidence clearly shows no further dispute, while a Motion to Dismiss may be appropriate when procedural flaws exist. Employers often use Motions to Dismiss to challenge the claimant's jurisdiction, whereas claimants favor Summary Judgment to expedite benefits.

Comparison Table of Major Motions