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New York Workers' Compensation - Article 9 - § 221 Determination of Contested Claims for Disability Benefits

Legal Research Home > New York Laws > New York Workers' Compensation (WKC) > New York Workers' Compensation - Article 9 - § 221 Determination of Contested Claims for Disability Benefits

 
    §  221.  Determination  of  contested  claims for disability benefits.
  Within twenty-six weeks of written notice of  rejection  of  claim,  the
  employee  may  file with the chairman a notice that his or her claim for
  disability benefits has not been paid, and  the  employee  shall  submit
  proof  of disability and of his or her employment, wages and other facts
  reasonably necessary for determination of the employee's right  to  such
  benefits.  Failure  to file such notice within the time provided, may be
  excused by the chairman if it can be shown to the  satisfaction  of  the
  chairman not to have been reasonably possible to furnish such notice and
  that  such  notice  was furnished as soon as possible.  On demand of the
  chairman the employer or carrier shall forthwith deliver to the chairman
  the original or a true copy of the attending  physician's  or  attending
  podiatrist's or accredited practitioner's statement, wage and employment
  data  and  all other papers in the possession of the employer or carrier
  with respect to such claim.
    The board shall have full power and authority to determine all  issues
  in  relation  to  every  such  claim for disability benefits required or
  provided under this article, and shall file its decision in  the  office
  of  the  chairman.  Upon  such  filing,  the  chairman shall send to the
  parties a copy of the decision. Either party may present evidence and be
  represented by counsel at any hearing on such claim.   The  decision  of
  the  board  shall  be  final  as to all questions of fact and, except as
  provided in section twenty-three of this chapter, as to all questions of
  law. Every decision of the board shall be complied  with  in  accordance
  with  its terms within ten days thereafter except in case of appeal, and
  any payments due under such decision shall  draw  simple  interest  from
  thirty  days  after  the  making thereof at the rate provided in section
  five thousand four of the civil practice law and rules.

Last modified: February 18, 2012