The New York State Workers’ Compensation Board (the “Board”) announced that, effective February 2, 2026, all claimants and lay witnesses appearing in virtual hearings must testify by video, with their faces clearly visible on screen.

The Board explained that although most hearings are conducted virtually, many claimants and lay witnesses continue to appear by telephone without using video. The Board emphasized that video testimony is important because it allows participants to see and hear witnesses clearly and to observe their demeanor and expressions, which improves communication during hearings.

Employers should coordinate with witnesses in advance, and proactive steps must be taken to ensure that the virtual hearing system is tested beforehand. This includes confirming access to the platform and resolving any technical issues prior to the hearing.

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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.