2023 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.