NY Work Comp L § 142 (2021)
2021 New York Laws WKC - Workers' Compensation Article 8 - Administration 142 - General Powers and Duties of the Workmen's Compensation Board.

§  142. General powers and duties of the workmen's compensation board.   1.   The workmen's compensation board  shall  have  power  to  hear  and   determine all claims for compensation or benefits or relating to special   funds  created  under  the  provisions  of  this  chapter, in the manner   provided by  this  chapter;  to  require  medical  service  for  injured   employees  as  provided  by  this chapter; to approve and fix attorney's   fees and claims for medical service  to  the  extent  provided  in  this   chapter;  to  excuse failure to give notice either of injury or death of   an employee, to approve agreements, to modify or rescind awards, to make   conclusions of fact and rulings of law,  to  certify  questions  to  the   appellate  division  of  the  supreme court, to enter orders in appealed   cases, to determine the time for the payment of compensation,  to  order   the   reimbursement   of  employers  for  amounts  advanced,  to  assess   penalties, to commute awards, to compromise actions for  the  collection   of  awards,  to require or permit employers to deposit the present value   of awards in the aggregate trust fund of the state fund, to determine by   rule the assignment of a minor's right to sue a third party, to  require   guardianship  for  minor  dependents, to hear and determine claims under   the occupational disease act, to order physical  examinations,  to  take   testimony  by depositions; and to have and exercise all other powers and   duties,  exclusive  of  purely  administrative   functions,   originally   conferred  or imposed upon the workmen's compensation commission by this   chapter, or by any  other  statute,  and  by  chapter  six  hundred  and   seventy-four  of  the  laws  of  nineteen  hundred fifteen conferred and   imposed upon the industrial commission, and by chapter fifty of the laws   of nineteen hundred twenty-one conferred and imposed upon the industrial   board. For the purpose of exercising such  powers  and  performing  such   duties,  the  workmen's  compensation  board  shall  be  deemed  to be a   continuation of the industrial board provided for by the  provisions  of   the  labor  law;  and  all proceedings under this chapter pending before   such board are hereby transferred to the  workmen's  compensation  board   without prejudice to the rights of any party to such proceeding.The  workmen's  compensation  board, subject to the provisions of this   chapter and of the provisions of the labor law as to the distribution of   functions,  shall  succeed  to  all  the  rights,  powers,  duties   and   obligations  of the department of labor, the industrial commissioner and   the  industrial  board,  in  so  far  as  they   relate   to   workmen's   compensation,  as  heretofore  constituted, except such as are vested in   the chairman of the board by this article and  except  with  respect  to   article six of this chapter.Whenever   the   term   "industrial   board"   or  the  "chairman"  or   "vice-chairman" thereof appears in this chapter or in the provisions  of   the  labor  law  after  the  time this article takes effect, it shall be   construed to mean the  workmen's  compensation  board  or  the  chairman   thereof,  as  created  by  the  provisions  of  this  chapter, as may be   required by the context unless the contrary shall be indicated.2. Any review, hearing, rehearing, inquiry or  investigation  required   or authorized to be conducted or made by the workers' compensation board   may  be  conducted  or  made by any panel of the board consisting of not   less  than  three  members  thereof,  and   the   order,   decision   or   determination  of  a  majority of the members of a panel shall be deemed   the order, decision or determination of  the  board  from  the  date  of   filing  thereof with the secretary of the board, unless the board on its   own motion, or on application by a party in interest for  a  full  board   review  made  in  accordance  with section twenty-three of this chapter,   shall modify or rescind such  order,  decision  or  determination.  Four   panels shall be constituted at all times, and the chair shall assign the   members  to  the panels upon which they shall serve. At least one member    on each panel shall  be  an  attorney  and  counsellor-at-law,  but  the   absence  of  an  attorney  on  any panel shall not invalidate the order,   decision or determination of a majority of the members of the  panel  if   at  least  two  affirmative  votes are cast in favor of such action. The   panels shall be constituted so that  the  members  of  the  board  shall   alternate  in  their  periods  of  service  together thereon. Whenever a   number of proceedings remains pending before the board for a  period  in   excess  of  thirty  days,  members  of the board shall hold hearings and   otherwise act in the discharge of their duties  evenings  and  at  other   convenient  times on all days of the week except Sundays, in addition to   the times when they would perform such duties in the ordinary conduct of   the business of the board, in order to expedite  the  disposal  thereof.   The  chair  may  and shall, when directed by the governor, prescribe the   hours and the times for such  additional  performance  of  duty  by  the   members  of  the  board  and  the  period or periods for the continuance   thereof.Notwithstanding any provision in  this  section  to  the  contrary,  a   member  of  the board may be designated by the chair to act individually   in the hearing and determination of any claim  under  this  chapter,  or   conduct  any  investigation, hearing or inquiry hereunder, or review and   rescind any order, decision or determination upon any claim and  restore   such  claim  for  further  trial  hearing  and evidence or consideration   except that such member may not conduct any appellate rehearing  of  any   case  or  otherwise review any order, decision or determination upon any   claim  and  reverse,  modify  or  affirm   such   order,   decision   or   determination  which  by the provisions of this section shall be reheard   or reviewed by the board or a panel thereof.3. The members of the workmen's compensation board, a referee  or  any   other  officer  or  employee  of  the  board  if  duly authorized by the   chairman, may administer oaths and take affidavits in  matters  relating   to the provisions of this chapter.The  members of the workmen's compensation board, the referees and any   other officer of the board designated by the chairman, shall have power:a. To issue subpoenas for and compel the attendance of  witnesses  and   the   production  of  books,  contracts,  papers,  documents  and  other   evidence;b. To hear testimony and take or cause  to  be  taken  depositions  of   witnesses residing within or without this state in the manner prescribed   by  law  for  like  depositions  in  civil actions in the supreme court.   Subpoenas and commissions to take testimony shall be  issued  under  the   seal of the board.4.  Notwithstanding  the  provisions  of  any  other  law, neither the   industrial commissioner nor any board or other agency of the  department   of labor shall in any way direct, review, modify or reverse any decision   or  finding  of  the  board nor shall the industrial commissioner or any   board or other agency of the department of labor  supervise  or  control   the  board  or  its  members  in  the  exercise  of any powers or in the   performance of any duties under this chapter.5. The workers' compensation board shall keep an  accurate  record  of   all  hearings  held.  Where the decision of a referee is affirmed by the   board upon review, the board shall assess against each insurance carrier   or employer seeking such review the sum of one hundred fifty dollars and   may assess against any other party the sum of twenty dollars. The amount   so secured from these assessments shall be paid into the state treasury.6. The workers' compensation board shall not release  any  information   acquired  pursuant to section five hundred thirty-seven of the labor law   and section one hundred seventy-one-a of the tax law unless the  release   of  such  information  is  required  to further fraud control activities    undertaken by the workers' compensation board pursuant to this  chapter,   in  which  case  release  of  such  information  shall be subject to the   restrictions contained in section five hundred thirty-seven of the labor   law and section one hundred seventy-one-a of the tax law.7. Where there has been a motor vehicle accident which caused personal   injury  and  there is a dispute as to whether the injury occurred in the   course of employment,  the  workers'  compensation  board  shall,  after   notice  to  the  no-fault carrier and the workers' compensation carrier,   hold an expedited hearing on the issue of whether the accident  occurred   during the course of employment.