The NYS WCB has revised provisions of policy with respect to video recorded evidence anticipated to be produced to support a claim. The Board no longer accepts video evidence via DVD-R and has transitioned to receive evidence via a USB flash drive.
Video recorded materials become part of the WCB file when the WCLJ admits such evidence as probative and relevant to a claim for compensation. Common types of evidence submitted to the Board include evidence of alleged fraudulent activity of a claimant which may support a finding of a misrepresentation of fact and/or video evidence of an independent medical examination.
Now, the Board requests the submission of video materials to conform to a standard format. All recorded submissions played during a hearing must be certified. One may certify said evidence by submitting the evidence on a USB marked “evidence.” This video must be formatted so that Board personnel may play the video on a media player. Video evidence may be saved in the following formats: .mp4, .avi, .mkv, .wmv, and .mpeg. Other document files included with the video evidence may be saved in the following formats: .txt, .pdf, .doc, and .docx.
The Board has specifically indicated that a “.exe” file on a USB flash drive will not be accepted. If same is submitted, the party will be notified that the evidence must be resubmitted for consideration. The Board specifically notes that the submission of a USB flash drive is only permitted for video evidence (and any materials related to said evidence).
Lastly, video evidence must be accompanied by a paper cover letter which identifies the corresponding case and is inclusive of a brief description of what evidence is recorded on the flash drive. The cover letter, in addition to the video on the USB, shall be submitted to the WCB’s centralized mailing address at:
NYS Workers’ Compensation Board
Centralized Mailing Address
P.O. Box 5205
Binghamton, NY 13902-5205
The Board has updated their policy on the submission of video evidence on a NYS Workers’ Compensation claim. Please contact Katherine Buynak at kbuynak@bhlfirm.com or (201) 880-9374 for more information.