If a treating physician does not follow the rules and the carrier is absolved of liability, will the Board make a finding at the same time that the claimant is not responsible for the bill?
12 NYCRR 325-1.25[b] provides in part: “Bills [of providers for treatment of all body parts] submitted in any other format or outside this time requirement [90 days from the last day of the month in which services were rendered, or 90 days from the last day of the month in which the claimant received the final treatment in a continuous course of treatment] shall not be eligible for an award by the Chair under the provision of this Workers’ Compensation Law as described herein.” Pursuant to 12 NYCRR ยง 325-1.23, , the claimant is responsible for the payment of medical costs in cases in which the claimant fails to prosecute a claim for workers’ compensation or in the event it is determined by the WCB that the illness or condition for which such service was rendered is not the result of a compensable workers’ compensation claim. Additionally, the claimant may become liable for the services rendered in cases where the claim is settled by a Section 32 agreement or in cases in which there is
