The New York Workers’ Compensation Board has proposed rules allowing carriers to temporarily pay for medical treatment while claim compensability is under review, without admitting liability.

Existing law has enabled employers and carriers to pay temporary disability and pharmacy benefits without prejudice while causality or coverage is undetermined, but soon this option would extend to other types of medical treatment, including medical-only claims (which comprise about 60% of all claims). The new rules will give carriers up to one year to pay medical benefits without admitting liability, subject to notice and reporting requirements, unless the claim is accepted or controverted sooner.

These rules were proposed in response to Governor Kathy Hochul’s 2025 healthcare priorities and are intended to improve medical access for injured workers while reducing friction and frequency of disputes at the Workers’ Compensation Board. This measure could increase pressure on carriers to make compensability determinations sooner and potentially could increase overall claim exposures if claims were to default to accepted status without a formal denial after the year has expired.  

The rules are expected to take effect Jan. 1, 2027. Interested stakeholders are encouraged to submit comments to regulations@wcb.ny.gov by May 17, 2026.