Stipulation {C-300.5}

STIPULATION C-300.5 (10-16)SEE IMPORTANT INFORMATION ON THE REVERSE CARRIER CASE NO. CARRIER CODE CARRIER NAME EMPLOYER OTHER PARTY-IN-INTEREST DATE ATTORNEY OR LICENSED REPRESENTATIVE - PLEASE PRINT ATTORNEY OR LICENSED REPRESENTATIVE - SIGNATURE CARRIER OR SELF-INSURED EMPLOYER - PLEASE PRINT PARTY-IN-INTEREST - SIGNATURE PARTY-IN-INTEREST - PLEASE PRINT CARRIER OR SELF-INSURED EMPLOYER - SIGNATURE WC LAW JUDGE or CONCILIATOR SIGNATURE Signature required if this form is submitted at a hearing. DATEThe undersigned hereby stipulate to the above facts or proposed findings. Each party is aware of the legal effect stipulating to the above facts or proposed findings, and have affixed their signature to said stipulation of their own free will. If approved by the Workers' Compensation Board, this stipulation shall be incorporated into a decision of the Board and shall be binding on all parties.Is the claimant's representative requesting a fee? Yes NoIf Yes, then a Form OC-400.1 that has been properly served on the claimant must be included with this stipulation. The Form RB-89 filed onis withdrawn, upon the Board's approval of this Stipulation (if applicable). WCB CASE NO.(S) DATE(S) OF ACCIDENT CLAIMANT'S NAME (Last, First, MI): CLAIMANT'S SIGNATURE (Ink Only - Use Blue Ink If Possible)ASDFASDFASDF American LegalNet, Inc. www.FormsWorkFlow.com 12 NYCRR 300.5 Decisions by Workers' Compensation Law Judges: (a)In controverted claims the Workers' Compensation Law Judge shall make a reasoned decision upon thecontested points. This decision, outlining the evidence supporting said determination, may be made by an oralstatement which shall be entered upon the minutes of the hearings, or may be in a written and signed statementwhich shall be filed with the papers in the record.(b)(1) Parties to any claim before the Board may stipulate to uncontested facts or proposed findings. When a claimant is represented, a stipulation may be made either as an oral statement on the record at a hearing or, in writing outside of a hearing. A written stipulation must be submitted using the form or format prescribed by the Chair. The stipulation must indicate that each party to the stipulation: (i)has been advised of the legal effect of stipulating to the facts or proposed findings contained in said stipulation;and(ii)has affixed their signatures to said stipulation of their own free will. If the stipulation is presented at a hearing, aWorkers' Compensation Law Judge shall verify the foregoing through questioning.(2)A stipulation made at a hearing and approved by a Workers' Compensation Law Judge shall be incorporatedinto the decision of the Workers' Compensation Law Judge and shall be binding upon the parties. A writtenstipulation made outside of a hearing entered into by a represented claimant and the employer or carrier shall bereviewed and if approved by a Workers' Compensation Law Judge or conciliator shall be incorporated into adecision of the Board. Such stipulation, as incorporated into a decision of the Workers' Compensation Law Judge,shall be subject to the provisions of section 23 of the Workers' Compensation Law and section 300.13 of this Part,and to sections 22 and 123 of the Workers' Compensation Law. The Chair may direct that stipulations properlysubmitted in the prescribed format and approved by a Workers' Compensation Law Judge or conciliator constitutethe decision of the Workers' Compensation Law Judge.(3)When a claimant is not represented, he or she shall give a sworn statement on the record at a hearingindicating an understanding of the facts agreed to and the legal effect of the oral or written stipulation.(4)The provisions of this subdivision shall not be applicable to agreements settling upon and determining claimsfor compensation pursuant to section 32 of the Workers' Compensation Law and section 300.36 of this Part.(c)In every claim where the disability exceeds seven days, the Workers' Compensation Law Judge shall make afinding as to whether or not an accident arising out of and in the course of employment or an occupational diseasehas been established.(d)The Workers' Compensation Law Judge may excuse the failure of a physician or other health providers to filereports in accordance with the requirements of subdivision (4) of section 13-a, subdivision (3) of section 13-k,subdivision (3) of section 13-l and subdivision (4) of section 13-m of the Workers' Compensation Law wheneverafter taking testimony the Workers' Compensation Law Judge finds it to be in the interest of justice to excuse suchfailure, and the decision of the Workers' Compensation Law Judge shall state the reasons therefor.(e)A claim for reimbursement pursuant to section 15, subdivision 8 of the Workers' Compensation Law shall befiled on a form prescribed by the Chair.C-300.5 (10-16) Reverse American LegalNet, Inc. www.FormsWorkFlow.com