2023 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.