As we recently reported in our No-Fault Insurance Law Wrap-Up (NYLJ, Oct. 10, 2018), on April 17, 2018, the New York State Worker’s Compensation Board (WCB) announced proposed changes to the WCB Medical Fee Schedule. Those proposed changes were published on June 6, 2018. Public comments were submitted to the WCB, and on Oct. 3, 2018, the WCB issued responses to the public comments together with revised proposed changes to the Fee Schedule. According to the WCB, the purpose of these proposed changes is “[t]o increase provider participation in the workers’ compensation system and improve injured workers’ access to timely, quality medical care.” (WCB Bulletin, Subject No. 106-0458, April 17, 2018).

The WCB Fee Schedule, with appropriate modifications, applies to no-fault insurance medical claims. Ins. Law §5108; 11 NYCRR 68.1(a). “The general instructions and ground rules in the workers’ compensation fee schedules apply [to no-fault insurance claims], but those rules that refer to workers’ compensation claim forms, pre-authorization approval and dispute resolution guidelines do not apply, unless specified in this Part.” 11 NYCRR 68.1(b)(1). Additionally, the WCB Medical Treatment Guidelines (MTG), which establish what kinds of treatments are compensable and the duration or frequency of care, apply only to work-related injuries and not to no-fault claims. See, e.g., WCB responses to Public Comments published in the NYS Register, November 24, 2010 (“Medical Treatment Guidelines … will not apply to No-Fault.”); N.Y. State Assembly Majority’s position paper on Worker’s Compensation/No-Fault, Section VI, P. 16. Thus, with certain exceptions, changes to the WCB Fee Schedule will affect not only worker’s compensation claims, but no-fault automobile accident claims as well.