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The New York Bar Association mounted an offensive this week representing a coalition of defense and injured workers' attorneys who oppose a controversial new plan by the State Workers' Compensation Board (SWCB) which will divert a significant number of claims away from formal hearings before the board's law judges.
The new process will eliminate hearings that require claimants to lose time off work for issues that could be settled "off-calendar." Attorneys are concerned as they believe this process will jeopardize the due-process rights of both claimants and employers. There is also concern that following the new program means workers comp issues will be resolved by the SWCB without sufficient information.
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