2023 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.