§ 32 Waiver agreements are an agreement negotiated between the injured worker and the insurance body for the granting of compensation and/or medical benefits for a right. A waiver agreement terminates an injured worker`s right to current and future benefits in exchange for a lump sum payment or pension. If agreed and approved by the Board of Directors, everything that is settled (compensation and/or medical benefits) will be closed forever. The insurance institution is no longer responsible for this part of the claim and cannot be reopened. When compensation is charged, no further payment is made for the loss of profits. When medical services are billed, the insurance company no longer pays for medical care. A waiver agreement is not binding unless approved by the Workers` Compensation Board. The Commission has developed a video entitled “Settling Your Claim” that informs injured workers about the nature of a section 32 waiver agreement and the impact of the agreement on their claim. The Commission requires injured employees to watch this video before entering into a waiver agreement: Form C-32.1 (Section 32 Settlement Agreement: Claimant`s Compensation) must be filed with all section 32 exemption agreements. Counsel for the injured employee must confirm that the waiver agreement with the injured employee has been reviewed and that the injured employee understands the document. Carriers, self-employed employers, and third-party administrators (payers) may electronically sign a section 32 using section 32 – Electronic Signature (Form C-32E) to confirm that the electronic signature used in the section 32 waiver agreement complies with the requirements of Form C-32E and binds the waiver agreement under section 32. The Council will consider further derogation agreements as part of the consultation process.
COVID-19 Response: Please note that the original signature requirement for the duration of the COVID-19 emergency has ended for the forms listed in the Commission`s announcement: Emergency Assistance for Original Signature Applications for Registered Documents The person who electronically signs section 32 waiver agreements on behalf of the payer must sign Form C-32E once. The original signed version of Form C-32E must be retained by the payer. Rule 300.36: Amendment to Section 12 NYCRR 300.36 (Section 32 and Binding Voluntary Review) Important: Form C-32E must be attached to any Section 32 waiver agreement with an electronic signature. A waiver agreement § 32 with an electronic signature filed without form C-32E attached will be returned. In certain circumstances, the Commission will use a document review process authorized under Rule 300.36(e) to review and approve or reject waiver agreements under section 32, such as: We have established templates for common documents that we deal with in the course of a case. Form C-32 (Waiver Agreement – Section 32 WCL) must be filed with all Section 32 Waiver Agreements and is used to give consent to a document review. .