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August 3, 2026

New York Broadens Pay Without Prejudice Rules

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The New York Workers' Compensation Board adopted final rules allowing carriers and employers to pay for medical treatment while compensability is being determined, without admitting liability.

Effective January 1, 2027, payers may voluntarily cover medical treatment for up to one year while compensability determination is under review. Previously, the rule only permitted temporary payments for indemnity benefits and prescribed medications. The new rules expand that authority to medical treatment and establish the procedures and reporting requirements for making these payments.

The notice of adoption will be published in the August 5, 2026, edition of the State Register.

The new rule provides payers with greater flexibility to facilitate timely medical care to injured workers while evaluating questionable or disputed claims without admitting liability, supporting more efficient claims administration, and reducing treatment delays.

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