NY Work Comp L § 23 (2021)
2021 New York Laws WKC - Workers' Compensation Article 2 - Compensation 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,   section one hundred thirty-one or section  one  hundred  forty-one-a  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 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. 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, or  if  there  was  a  decision  or   determination  by  the  panel  which  reduced  the  loss of wage earning   capacity finding made by  a  compensation  claims  referee  pursuant  to   subparagraph  w  of subdivision three of section fifteen of this article   from a percentage at or above the percentage set  forth  in  subdivision   three of section thirty-five of this article whereby a claimant would be   eligible   to  apply  for  an  extreme  hardship  redetermination  to  a   percentage below the threshold, 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.  If  the   decision or determination was that of a unanimous panel of the board, or   there  was  a dissent from such decision or determination the sole basis   of which is to refer the case to an impartial specialist, the board  may   in  its  sole  discretion  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 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 cost of such    medical, dental, surgical, optometric or  other  attendance,  treatment,   devices,  apparatus or other necessary items the employer is required to   provide pursuant to section thirteen of this article which are 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 cost of such medical, dental, surgical,  optometric  or   other attendance, treatment, devices, apparatus or other necessary items   the employer is required to provide pursuant to section thirteen of this   article  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  of  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   five  hundred  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 contained in this section shall be construed  to  inhibit  the   continuing  jurisdiction of the board as provided in section one hundred   twenty-three of this chapter.