N.Y. WKC Law § 141 — New York Code / Act WKC / Article 8 / Section 141
General powers and duties of the chair
Status: in_force

* § 141. General powers and duties of the chair. The chair shall be\nthe administrative head of the workers' compensation board and shall\nexercise the powers and perform the duties in relation to the\nadministration of this chapter heretofore vested in the commissioner of\nlabor by chapter fifty of the laws of nineteen hundred twenty-one, and\nacts amendatory thereof, and by this chapter excepting article six\nthereof, and except in so far as such powers and duties are vested by\nthis chapter in the workers' compensation board. The chair shall preside\nat all meetings of the board and shall appoint all committees and panels\nof the board; shall designate the times and places for the hearing of\nclaims under this chapter and shall perform all administrative functions\nof the board as in this chapter set forth. The chair, in the name of the\nboard, shall enforce all the provisions of this chapter, and may make\nadministrative regulations and orders providing for the receipt,\nindexing and examining of all notices, claims and reports, for the\ngiving of notice of hearings and of decisions, for certifying of\nrecords, for the fixing of the times and places for the hearing of\nclaims, and for providing for the conduct of hearings and establishing\nof calendar practice to the extent not inconsistent with the rules of\nthe board. The chair shall issue and may revoke certificates of\nauthorization of physicians, chiropractors and podiatrists as provided\nin sections thirteen-a, thirteen-k and thirteen-1 of this chapter, and\nlicenses for medical bureaus and x-ray and other laboratories under the\nprovisions of section thirteen-c of this chapter, issue stop work orders\nas provided in section one hundred forty-one-a of this article, and\nshall have and exercise all powers not otherwise provided for herein in\nrelation to the administration of this chapter heretofore expressly\nconferred upon the commissioner of labor by any of the provisions of\nthis chapter, or of the labor law. The chair, on behalf of the workers'\ncompensation board, shall enter into the agreement provided for in\nsection one hundred seventy-one-h of the tax law, and shall take such\nother actions as may be necessary to carry out the agreement provided\nfor in such section for matching beneficiary records of workers'\ncompensation with information provided by employers to the state\ndirectory of new hires for the purposes of verifying eligibility for\nsuch benefits and for administering workers' compensation.\n  * NB Effective until January 1, 2028\n  * § 141. General powers and duties of the chair. The chair shall be\nthe administrative head of the workers' compensation board and shall\nexercise the powers and perform the duties in relation to the\nadministration of this chapter heretofore vested in the commissioner of\nlabor by chapter fifty of the laws of nineteen hundred twenty-one, and\nacts amendatory thereof, and by this chapter excepting article six\nthereof, and except in so far as such powers and duties are vested by\nthis chapter in the workers' compensation board. The chair shall preside\nat all meetings of the board and shall appoint all committees and panels\nof the board; shall designate the times and places for the hearing of\nclaims under this chapter and shall perform all administrative functions\nof the board as in this chapter set forth. The chair, in the name of the\nboard, shall enforce all the provisions of this chapter, and may make\nadministrative regulations and orders providing for the receipt,\nindexing and examining of all notices, claims and reports, for the\ngiving of notice of hearings and of decisions, for certifying of\nrecords, for the fixing of the times and places for the hearing of\nclaims, and for providing for the conduct of hearings and establishing\nof calendar practice to the extent not inconsistent with the rules of\nthe board. The chair shall issue and may revoke certificates of\nauthorization of physicians, chiropractors, podiatrists, and\npsychologists to perform independent medical examinations in accordance\nwith paragraph (b) of subdivision four of section thirteen-a and section\none hundred thirty-seven of this chapter, and licenses for medical\nbureaus and x-ray and other laboratories under the provisions of section\nthirteen-c of this chapter, shall publish and maintain an exclusion\nlist, in accordance with section thirteen-d of this chapter, for\nproviders as defined in section thirteen-b of this chapter currently\ndisqualified from providing medical care or from performing independent\nmedical examinations in accordance with paragraph (b) of subdivision\nfour of section thirteen-a and section one hundred thirty-seven of this\nchapter, shall develop and require trainings for providers as defined in\nsection thirteen-b of this chapter, which shall include, but not be\nlimited to, the role of medical evidence in the board's determination of\nclaims, the contents of medical reports, the process for seeking\nauthorization for special services, diagnostic test networks, and\npermanency guidelines, issue stop work orders as provided in section one\nhundred forty-one-a of this article, and shall have and exercise all\npowers not otherwise provided for herein in relation to the\nadministration of this chapter heretofore expressly conferred upon the\ncommissioner of labor by any of the provisions of this chapter, or of\nthe labor law. The chair, on behalf of the workers' compensation board,\nshall enter into the agreement provided for in section one hundred\nseventy-one-h of the tax law, and shall take such other actions as may\nbe necessary to carry out the agreement provided for in such section for\nmatching beneficiary records of workers' compensation with information\nprovided by employers to the state directory of new hires for the\npurposes of verifying eligibility for such benefits and for\nadministering workers' compensation. The chair shall promulgate\nregulations to (1) require that the employer or its carrier or special\nfund shall pay the costs associated with any deposition of a claimant's\nprovider, and (2) allow workers' compensation law judges to deny\ncross-examination of a provider where appropriate. The chair may\npromulgate further regulations designed to prevent the consequences of a\ntreating provider's failure to comply with statutory or regulatory\nprovisions, including failure to appear for a deposition, from unduly\nharming the injured worker's receipt of compensation or medical\ntreatment.\n  * NB Effective January 1, 2028\n