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New York Workers' Compensation Law Section 23 - Appeals.Legal Research Home > New York Lawyer > Workers' Compensation > New York Workers' Compensation Law Section 23 - Appeals.
§ 23. Appeals. An award or decision of the board shall be final and
conclusive upon all questions within its jurisdiction, as against the
state fund or between the parties, unless reversed or modified on appeal
therefrom as hereinafter provided. Any party may within thirty days
after notice of the filing of an award or decision of a referee, file
with the board an application in writing for a modification or
rescission or review of such award or decision, as provided in this
chapter. The board shall render its decision upon such application in
writing and shall include in such decision a statement of the facts
which formed the basis of its action on the issues raised before it on
such application. Within thirty days after notice of the decision of the
board upon such application has been served upon the parties, or within
thirty days after notice of an administrative redetermination review
decision by the chair pursuant to subdivision five of section fifty-two
of this chapter has been served upon any party in interest, an appeal
may be taken therefrom to the appellate division of the supreme court,
third department, by any party in interest, including an employer
insured in the state fund; provided, however, that if the decision or
determination was that of a panel of the board and there was a dissent
from such decision or determination other than a dissent the sole basis
of which is to refer the case to an impartial specialist, any party in
interest may within thirty days after notice of the filing of the board
panel's decision with the secretary of the board, make application in
writing for review thereof by the full board, and the full board shall
review and affirm, modify or rescind such decision or determination in
the same manner as herein above provided for an award or decision of a
referee. Failure to apply for such review by the full board shall not
bar any party in interest from taking an appeal directly to the court as
above provided. The board may also, in its discretion certify to such
appellate division of the supreme court, questions of law involved in
its decision. Such appeals and the question so certified shall be heard
in a summary manner and shall have precedence over all other civil cases
in such court. The board shall be deemed a party to every such appeal
from its decision upon such application, and the chair shall be deemed a
party to every such appeal from an administrative redetermination review
decision pursuant to subdivision five of section fifty-two of this
chapter. The attorney general shall represent the board and the chair
thereon. An appeal may also be taken to the court of appeals in the same
manner and subject to the same limitations not inconsistent herewith as
is now provided in the civil practice law and rules. It shall not be
necessary to file exceptions to the rulings of the board. An appeal to
the appellate division of the supreme court, third department, or to the
court of appeals, shall not operate as a stay of the payment of
compensation required by the terms of the award or of the payment of the
doctors' bills found to be fair and reasonable. Where such award is
modified or rescinded upon appeal, the appellant shall be entitled to
reimbursement in a sum equal to the compensation in dispute paid to the
respondent in addition to a sum equal to the amount of the doctors'
bills paid by the appellant pending adjudication of the appeal. Such
reimbursement shall be paid from administration expenses as provided in
section one hundred fifty-one of this chapter upon audit and warrant of
the comptroller upon vouchers approved by the chair. Where such award is
subject to the provisions of section twenty-seven of this article, the
appellant shall pay directly to the claimant all compensation as it
becomes due during the pendency of the appeal, and upon affirmance shall
be entitled to credit for such payments. Neither the chair, the board,
the commissioners of the state insurance fund nor the claimant shall be
required to file a bond upon an appeal to the court appeals. Upon final
determination of such an appeal, the board or chair, as the case may be,
shall enter an order in accordance therewith. Whenever a notice of
appeal is served or an application made to the board by the employer or
insurance carrier for a modification or rescission or review of an award
or decision, and the board shall find that such notice of appeal was
served or such application was made for the purpose of delay or upon
frivolous grounds, the board shall impose a penalty in the amount of two
hundred fifty dollars upon the employer or insurance carrier, which
penalty shall be added to the compensation and paid to the claimant. The
penalties provided herein shall be collected in like manner as
compensation. A party against whom an award of compensation shall be
made may appeal from a part of such award. In such a case the payment of
such part of the award as is not appealed from shall not prejudice any
rights of such party on appeal, nor be taken as an admission against
such party. Any appeal by an employer from an administrative
redetermination review decision pursuant to subdivision five of section
fifty-two of this chapter shall in no way serve to relieve the employer
from the obligation to timely pay compensation and benefits otherwise
payable in accordance with the provisions of this chapter.
Nothing herein contained shall be construed to inhibit the continuing
jurisdiction of the board as provided in section one hundred
twenty-three of this chapter.
Last modified: July 31, 2006 |