NY Work Comp L § 221 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 221 - Determination of Contested Claims for Disability and Family Leave Benefits.

§  221.  Determination  of  contested claims for disability and family   leave benefits. In accordance with regulations  adopted  by  the  chair,   within  twenty-six  weeks  of  written notice of rejection of claim, the   employee may file with the chair a notice that  his  or  her  claim  for   disability  or family leave benefits has not been paid, and the employee   shall submit proof of disability or entitlement to family leave  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 if it can be shown   not to have been reasonably possible to furnish  such  notice  and  that   such notice was furnished as soon as possible. On demand the employer or   carrier shall forthwith deliver to the board the original or a true copy   of  the  health care provider's report, wage and employment data and all   other documentation in the possession of the employer  or  carrier  with   respect to such claim.The  chair  or  designee,  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  shall  be  complied  with  in   accordance with its terms within ten days thereafter except as permitted   by  law  upon  the  filing of a request for review, 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.  The  chair shall adopt rules and   regulations to carry out the provisions of this  article  including  but   not  limited  to  resolution of contested claims and requests for review   thereof, and payment of costs  for  resolution  of  disputed  claims  by   carriers.   Any   designated   process  shall  afford  the  parties  the   opportunity to present evidence and to be represented by counsel in  any   such  proceeding.  The  chair  shall  have  the authority to provide for   alternative dispute  resolution  procedures  for  claims  arising  under   family  leave,  including  but not limited to referral and submission of   disputed claims to  a  neutral  arbitrator  under  the  auspices  of  an   alternative   dispute   resolution   association   pursuant  to  article   seventy-five of the civil practice law  and  rules.  Neutral  arbitrator   shall  mean  an  arbitrator who does not have a material interest in the   outcome of the arbitration proceeding or  an  existing  and  substantial   relationship,  including  but not limited to pecuniary interests, with a   party, counsel or representative of a party. Any determination  made  by   alternative  dispute resolution shall not be reviewable by the board and   the venue for any appeal shall be to a court of competent jurisdiction.