Legal Question in Workers Comp in New York

Fees for records

I represent a Physical Therapy practice. When an attorney requests records for a patient with workers comp, we charge .75 per page. I just received a letter from an attorney stating that pursuant to Section 13 of the WC law, it is illegal to request payment. I have been receiving money for records requests for over 5 years now. I know that there is a section stating that we can charge because I had to deal with this years ago. Unfortunately I cannot find it. Would you please help me find this section? Please respond to my e-mail listed below. Thank you.


Asked on 9/18/08, 9:15 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Fees for records

Sorry, WCL Section 13 overrides the NY Public Health Law therefore you need to give over the records immediately. You have to understand that unlike a personal injury lawsuit workers compensation benefits are deemed good for society because they get an injured worker back to worker, which makes everyone more productive and increases tax revenue.

So my advice is to give over the records.

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Answered on 9/18/08, 9:30 am


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