Updated Section 32 Waiver Agreement Forms

by Rosalind Asch-Hobeck

Important Updates on Section 32 Waiver Agreement Forms Issued by the New York State Workers' Compensation Board beginning July 7, 2025

The New York State Workers' Compensation Board (WCB) has recently implemented updates to its forms used in connection with Section 32 waiver agreements. These agreements allow parties in a workers’ compensation case to settle some or all of the claims, including compensation and/or future medical benefits, typically in exchange for a lump-sum payment. In light of procedural developments and the need for improved clarity in determining responsibility for medical expenses associated with accepted injuries or conditions, the Board has revised two crucial documents:

• Form C-32: Waiver Agreement – Section 32 WCL
  
  

• Form C-32.1: Section 32 Waiver Agreement – Claimant Release
  
  

These revised forms aim to enhance the efficiency, accuracy, and transparency of the Section 32 settlement process and will help the Board make more precise determinations about medical bill liability—especially for treatment related to established injury sites. The new versions of both forms must be used starting Monday, July 7, 2025, and any submissions using earlier versions will be rejected after that date.

Summary of Key Changes to the Forms

The updates made to Forms C-32 and C-32.1 are significant and multifaceted. A detailed breakdown of the amendments is outlined below:

1. Email Submission Now Permitted

The instructions for both Form C-32 and Form C-32.1 have been revised to allow for electronic filing via email. Parties can now submit completed forms directly to the Board’s Claims Unit using the dedicated email address: wcbclaimsfiling@wcb.ny.gov. This change is expected to streamline the submission process and reduce delays associated with traditional mail or fax methods.

2. New Notification Requirements for Medical Providers

The instructions for Form C-32 now include a requirement that the injured worker (the claimant), or their attorney or legal representative, must notify all treating medical providers that a Section 32 waiver agreement has been initiated. This is a critical procedural step, ensuring that healthcare providers are aware that future medical treatment may no longer be covered by the workers’ compensation insurance carrier if the agreement includes a waiver of ongoing medical benefits.

3. Mandatory Filing of Form OC-400 for Each Settled Claim

In the “Other Necessary Documents” section of the Form C-32 instructions, a new requirement has been added. Parties must now include a completed Form OC-400 for every individual claim being resolved under a Section 32 agreement. Form OC-400 is typically used to designate the claimant’s legal representative, and its inclusion helps maintain clarity and proper representation in each settled matter.

4. New Section: Resolution of Outstanding Medical Bills

Perhaps the most significant change is the addition of a new section within Form C-32 titled “Resolution of Outstanding Medical Bills.” This section is designed to eliminate ambiguity regarding which medical bills remain the responsibility of the insurance carrier once the Section 32 agreement is executed. Parties to the agreement must now explicitly state:

• Whether the carrier accepts liability for medical bills up to a specific cut-off date for treatment related to established injury sites.
  
  

• The precise date up to which bills are covered.
  
  

• Any exceptions to the general rule, if applicable.
  
  

This provision provides a clear framework for resolving disputes over unpaid medical bills and helps ensure that medical providers and claimants alike understand the terms under which the settlement was made. Importantly, if there is a conflict between this section and other terms of the settlement, this new section will take precedence.

5. Board’s Discretionary Approval of Settlements

The language in the preamble to the affirmation portion of Form C-32 has been updated to clarify that the Board may approve certain Section 32 waiver agreements by desk review on its own initiative. This means that even if the involved parties do not specifically request or consent to a desk review (a review conducted without a hearing), the Board can still choose this path if it deems it appropriate. This procedural flexibility may expedite the resolution of certain cases.

6. Change in Address Verification for Direct Deposit

The attestation portion of Form C-32.1 has also been revised. Specifically, the update acknowledges that when a claimant receives their settlement proceeds via direct deposit, their attorney may no longer be able to independently verify the claimant’s current physical mailing address. This change reflects practical realities in a digital payment environment and underscores the need for accurate banking and contact information in electronically processed settlements.

Implications of the Form Revisions

These updates are intended to provide better protection for all parties involved in a workers' compensation settlement. By introducing greater specificity regarding medical bill liability, the Board is helping to reduce the likelihood of post-settlement disputes and ensure that both injured workers and insurers are on the same page regarding what expenses are covered and when coverage ends.

Moreover, the ability to submit forms via email and the Board’s authority to conduct desk reviews independently introduces more flexibility and efficiency into the settlement process—potentially speeding up resolutions and reducing administrative burden.

Attorneys representing claimants should familiarize themselves with the updated forms and procedures to ensure compliance. Claimants should also be informed of the implications of their settlements, especially concerning medical coverage and how their benefits may be affected going forward.

Because medical bills are often disputed after a Section 32 full and final settlement, this update aims to reduce confusion about whether such bills are still payable.

If you found this information helpful, you may want to read C-8.1 Filings Updated Guidance