reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.118 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
All requests to inspect and/or copy records, subject to
						disclosure as provided by this Part, are to be made to the privacy compliance
						officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.119 - Fees for copying records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fees for
					 certification of copies and supplying transcripts of all documents and records
					 under the seal of the board shall be the fees as prescribed by the applicable
					 regulation of the board.
(b) Fees
					 for photocopies or data printouts of records available pursuant to this Part
					 shall be 25 cents per page.
(c)
					 Except where fees are established by law, rule or regulation, no fee shall be
					 charged for:
(1) inspection of a
					 record;
(2) record
					 searches;
(3) certification
					 pursuant to this Part; and
(4)
					 amendment or correction of an agency record found to be in error.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.120 - Inspection and copying records

Current through Register Vol. 46, No. 28, July 10, 2024
Inspection and copying of records shall be subject to the
						following process:
(a) Request for
					 access to records must be in writing, and shall identify or reasonably describe
					 the records sought. Such a request may be submitted by electronic mail to an
					 email address designated by the board, and posted on the agency's website. All
					 responsive communications to such a request, when submitted by electronic mail,
					 shall also be in electronic mail, provided that the request does not seek a
					 response in another form.
(b) The
					 privacy compliance officer shall, within five working days after receipt of a
					 request:
(1) make requested records
					 available;
(2) deny the request in
					 writing and in such denial:
(i) explain the
					 reason for denial;
(ii) set forth
					 the right of appeal to the privacy compliance appeals officer;
(iii) provide the name, title, business
					 address, and telephone number of the privacy compliance appeals officer;
					 or
(3) furnish written
					 acknowledgment of the request and the approximate date when the request will be
					 granted or denied.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.121 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied access to
					 records by the privacy compliance officer may appeal such denial within 30 days
					 to the privacy compliance appeals officer, by submitting a written request,
					 which shall set forth:
(1) the date of the
					 request for records;
(2) the
					 records to which the requestor was denied access;
(3) the name and return address of the
					 requestor; and
(4) the requestor's
					 position, concisely stated, setting forth the reason why the decision of the
					 privacy compliance officer should be changed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.122 - Procedures governing the correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
The correction or amendment of records shall be subject
						to the following process:
(a) A
					 request for the correction or amendment of a record shall be made in writing
					 and shall identify or reasonably describe such record. Such a request may be
					 submitted by electronic mail to an email address designated by the board, and
					 posted on the agency's website. All responsive communications to such a
					 request, when submitted by electronic mail, shall also be in electronic mail,
					 provided that the request does not seek a response in another form.
(b) The privacy compliance officer shall
					 within 30 working days after receipt of a request:
(1) make requested correction or amendment in
					 whole or part and advise the individual that upon request, parties to whom such
					 data has been disclosed in accordance with section
					 94.3(c) of the Public
					 Officers Law, will be advised of such correction or amendment;
(2) deny the request in writing. Such denial
					 shall:
(i) explain the reason for the
					 denial;
(ii) set forth the right of
					 appeal to the privacy compliance appeals officer; and
(iii) provide the name, title, business
					 address and telephone number of the privacy compliance appeals
					 officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.123 - Appeals of denial of correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person whose request for correction
					 or amendment of records has been denied by the privacy compliance officer may
					 appeal such denial within 30 working days to the privacy compliance appeals
					 officer. Such a request may be submitted by electronic mail to an email address
					 designated by the board, and posted on the agency's website. All responsive
					 communications to such a request, when submitted by electronic mail, shall also
					 be in electronic mail, provided that the request does not seek a response in
					 another form. Such appeal shall be in writing and shall set forth:
(1) the date of the request for
					 records;
(2) the records whose
					 correction or amendment was denied and the requestor's justification for
					 changes sought; and
(3) the name
					 and return address of the requestor.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter B - Board Of Mediation › Part 275 - Selection Of Arbitrator › Section 275.1 - Designation of arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
With the approval of one or more members of the Board of
					 Mediation, the executive secretary or, in the event of his absence or
					 disability, the assistant to the executive secretary, or such other person as
					 may be specially authorized by the board to do so, may select and designate the
					 arbitrator in any matter which the parties voluntarily agree to submit for
					 arbitration to the Board of Mediation, or to a designee of the Board of
					 Mediation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter B - Board Of Mediation › Part 275 - Selection Of Arbitrator › Section 275.2 - Official representative of board

Current through Register Vol. 46, No. 28, July 10, 2024
The arbitrator designated by the executive secretary or by
					 the assistant to the executive secretary or by such other person as may be
					 authorized to do so, shall be deemed to be and shall act as official
					 representative of the Board of Mediation in the particular matter assigned to
					 him.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter B - Board Of Mediation › Part 275 - Selection Of Arbitrator › Section 275.3 - Withdrawal and replacement of arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
The Board of Mediation, for reasons which the board
					 considers adequate, may withdraw the designation of an arbitrator in any matter
					 and may thereupon replace such arbitrator by another selected in accordance
					 with the board's usual procedure governing such matters; provided, however,
					 that the withdrawal and replacement is made before the original designee has
					 actually commenced to perform his function as arbitrator.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.1 - Institution of inquiry

Current through Register Vol. 46, No. 28, July 10, 2024
Inquiry pursuant to article 22 of the Labor Law by boards
					 of inquiry is not a matter of right. Such inquiry shall in general be
					 instituted only in cases whose magnitude or other qualities create a public
					 interest sufficient to justify its use.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.2 - Members of board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  chairman of the board shall always be a public representative.
(b) The commissioner shall designate a
				  secretary for each board that is appointed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.3 - Quorum

Current through Register Vol. 46, No. 28, July 10, 2024
The board may act notwithstanding any vacancy in its number
					 and two members shall form a quorum.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.4 - Powers of board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A board of
				  inquiry shall have power, and is authorized through its chairman, to require
				  any person who appears to the board to have any knowledge of the subject matter
				  of the inquiry to furnish in writing, or otherwise, such particulars in
				  relation thereto as the board may require.
(b) A board of inquiry shall have power,
				  within the limits of its reference, to subpoena witnesses, compel their
				  attendance; administer oaths, examine any person under oath; to take testimony,
				  and to compel any person to subscribe his testimony after it has been correctly
				  reduced to writing; to require the production of books, papers, documents,
				  records, correspondence or evidence relevant to the inquiry; and to take or
				  cause to be taken depositions of witnesses residing within or without the
				  State, in the manner prescribed by law for like depositions in actions in the
				  Supreme Court.
(c) In proceedings
				  before a board of inquiry the board shall have power to exclude evidence which
				  is immaterial, irrelevant, unduly repetitious, or not of the sort on which
				  responsible persons are accustomed to rely in serious affairs; and it shall not
				  be bound by the technical rules of evidence prevailing in courts of law and
				  equity. The function of a board of inquiry is primarily investigatory and not
				  quasi-legislative or quasi-judicial. But the board shall have power to include
				  recommendations in its report if the terms of reference creating the board so
				  provide.
(d) A board shall have the
				  power to confer with and obtain information and reports from any other agencies
				  that may have interceded in a dispute (Board of Mediation; United States
				  Conciliation Service; National or State Labor Relations Boards; mayor's office;
				  etc.).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.5 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subpoenas shall
				  specify the names of the witnesses and the documents called for with such
				  particularity as will enable identification for purposes of
				  production.
(b) Subpoenas issued by
				  a board of inquiry shall be signed by the chairman thereof and shall bear the
				  seal of the department.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.6 - Conduct of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				  be no right of appearance or of cross-examination except to board
				  members.
(b) A board of inquiry
				  shall decide for itself whether witnesses are to be placed under
				  oath.
(c) The return dates of
				  notices of public hearings and of subpoenas shall be fixed at the reasonable
				  discretion of the board.
(d)
				  Refusal of a witness at a hearing before a board of inquiry to answer any
				  question which has been ruled proper may be referred to the Industrial
				  Commissioner for such action as may be taken under section 406 of the Civil
				  Practice Act.
(e) Contemptuous
				  conduct at any hearing before the board of inquiry shall be grounds for
				  exclusion from the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.7 - Reports of board

Current through Register Vol. 46, No. 28, July 10, 2024
The report and any interim reports of the board shall be
					 made to the commissioner in writing, and shall be signed by such of the members
					 as concur therein, and shall be transmitted to him as soon as practicable after
					 the conclusion of the inquiry; and any minority report by any dissentient
					 member of the board shall be made and transmitted in like
					 manner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.8 - Meeting place

Current through Register Vol. 46, No. 28, July 10, 2024
In cities or other places where the Department of Labor has
					 an office, boards of inquiry shall so far as possible hold their meetings in
					 such office. Where that is impossible, the secretary of the board shall arrange
					 for its meetings in a suitable public building.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter C - Boards Of Inquiry › Part 285 - Procedure By Boards Of Inquiry › Section 285.9 - Suspension of rules

Current through Register Vol. 46, No. 28, July 10, 2024
In particular cases where, in the discretion of the
					 Industrial Commissioner, such procedure is deemed warranted, any of these rules
					 may be suspended or abrogated, and for each particular case the Industrial
					 Commissioner may issue such further rules as the circumstances
					 warrant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.2 - Independent medical examinations, examiners, entities, and reports made without physical examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Purpose. Pursuant to Workers' Compensation Law, sections 13-a, 13-b, 13-d,
				  13-k, 13-l, 13-m, 13-n and 137, and in accordance with these regulations, the
				  chair of the Workers' Compensation Board shall:
(1) authorize competent providers who meet
				  eligibility requirements to conduct independent medical examinations of persons
				  suffering injuries or illnesses which are the subject of claims under the
				  Workers' Compensation Law, Volunteer Firefighters' Benefits Law and Volunteer
				  Ambulance Workers' Benefit Law;
(2)
				  modify or revoke such authorization where there is a failure of continued
				  compliance with such laws and regulations or other provisions governing the
				  professional conduct or obligations of such providers;
(3) require that such independent medical
				  examinations are conducted in accordance with Workers' Compensation Law,
				  sections 13-a, 13-b, 13-d, 13-k, 13-l, 13-m, 13-n and 137 and these regulations
				  and that reports of such independent medical examinations are prepared and
				  transmitted in accordance with Workers' Compensation Law, section 137 and these
				  regulations; and
(4) require the
				  registration with the chair of entities that derive income from independent
				  medical examinations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.3 - Hospital records

Current through Register Vol. 46, No. 28, July 10, 2024
All hospital records in any pending claim for compensation
					 or true copies thereof coming into the possession of the employer or insurance
					 carrier shall be filed with the chairman, upon the order of the board. When
					 directed by the board the employer or carrier shall subpoena hospital records
					 and produce same at a hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.4 - Hearings before workers' compensation law judges

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings on claims for compensation and for the designation
					 of a person legally responsible for a minor claimant shall be held before a
					 Workers' Compensation Law judge, except as herein otherwise
					 provided.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.5 - Decisions by workers' compensation law judges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  controverted claims the Workers' Compensation Law Judge shall make a reasoned
				  decision upon the contested points. This decision, outlining the evidence
				  supporting said determination, may be made by an oral statement which shall be
				  entered upon the minutes of the hearings, or may be in a written and signed
				  statement which shall be filed with the papers in the record.
(b)
(1)
				  Parties to any claim before the board may stipulate to uncontested facts or
				  proposed findings. When a claimant is represented, a stipulation may be made
				  either as an oral statement on the record at a hearing or, in writing outside
				  of a hearing. A written stipulation must be submitted using the form or format
				  prescribed by the Chair. The stipulation must indicate that each party to the
				  stipulation:
(i) has been advised of the
				  legal effect of stipulating to the facts or proposed findings contained in said
				  stipulation; and
(ii) has affixed
				  their signatures to said stipulation of their own free will. If the stipulation
				  is presented at a hearing, a Workers' Compensation Law Judge shall verify the
				  foregoing through questioning.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.6 - Penalties and assessments

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever it appears in any case that the employer or
					 carrier has violated a section of the Workers' Compensation Law which provides
					 for the imposition of penalty or assessment, or for the accrual of additional
					 compensation, the chairman or the board (as may be indicated) shall take such
					 action thereon as is contemplated by the section violated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.7 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Referee
				  calendars. Claims scheduled for referee hearings shall appear on appropriate
				  calendars as may from time to time be established by the chair.
(b) Board calendars. Board hearings shall be
				  appointed for and held at such times and places as may be established by the
				  chair to meet the convenience and requirements of the several districts in the
				  State.
(c) Individual board member
				  hearings. When a claim is before a panel of the board and the panel deems new
				  or additional evidence is necessary for a determination thereof, the panel may
				  hear and receive such evidence. The panel may, however, designate one of its
				  members to do so, in which event the record of such hearing in a readable,
				  viewable or audible format shall be made part of the case file maintained by
				  the board, and the determination of the panel shall be based upon the entire
				  case file maintained by the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.8 - Notice of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
All notices of hearings upon any calendar shall
					 specifically state the purpose of the hearing and any evidence to be produced
					 by the parties. Notice shall be mailed to:
(a) the claimant;
(b) the carrier and their authorized
				  representatives; and
(c) where the
				  employer is alleged to be uninsured at the time of the accident, the notice of
				  hearing shall also be mailed to the employer by both certified mail, return
				  receipt requested and by regular mail;
not less than eight days before the date of hearing. In the
					 discretion of the board any issue in a case may be considered and determined
					 although not indicated in the notice of hearing if the administration of
					 justice will thereby be substantially served. Notice of any hearing may be
					 dispensed with by the board when the parties are present or have consented
					 thereto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.9 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  hearings and proceedings shall be conducted in an orderly manner in order to
				  ascertain the substantial rights of the parties. All parties and participants
				  in any hearing or proceeding shall maintain a civil, respectful and
				  professional demeanor when appearing before the board or when conducting
				  depositions relative to a claim and comply with the Standards of Civility
				  adopted by the board. Parties and participants who are disrespectful or
				  disruptive in any hearing or proceeding, so as to interfere with the orderly
				  conduct of the hearing or proceeding, will be removed so the hearing or
				  proceeding may continue in an orderly manner.
(b) All witnesses shall testify under oath
				  (or by affirmation). The board and Workers' Compensation Law Judges may examine
				  and cross-examine all parties and witnesses at any hearing or proceeding. The
				  board shall not be bound by common law or statutory rules of evidence or by
				  technical or formal rules of procedure.
(c) The board shall keep a verbatim record of
				  all hearings and proceedings. No other record shall be allowed. The board will
				  maintain in its case file a copy of the verbatim record it prepared in a
				  readable, viewable or audible format. No other record of a hearing or
				  proceeding in a readable, viewable or audible format shall be
				  allowed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.11 - Physical examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Physical examinations required under section 19  of the Workers' Compensation
				  Law shall be made only by a physician employed or designated by the board or
				  chair. Reports of such examinations shall be duly verified.
(b) When a physician has been designated to
				  examine the claimant and report thereon, in accordance with the provisions of
				  subdivision (e) of section 13  of the Workers' Compensation Law, the claimant
				  shall be given reasonable notice by mail of the time and place where he or she
				  is to appear for such examination. At such examination, neither the claimant,
				  employer or carrier, nor the board shall have a representative present, except
				  that the claimant may be accompanied by a lay member of his or her family. In
				  the judgment and option of such examining physician such person may be excluded
				  from the examination.
(c) All
				  reports of such examinations shall be sworn to and copies in triplicate
				  promptly sent to the board. A copy thereof shall be furnished by the board to
				  each of the parties. The original of such report shall at a hearing be made a
				  part of the case record by admitting it in evidence, and any party desiring
				  shall be given the opportunity to question such physician on the contents of
				  the report and relative thereto. A fee for appearance at a hearing of a
				  physician designated under subdivision (e) of section 13 for testimony on such
				  report shall be paid by the employer or carrier.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.12 - Certification of question to the board

Current through Register Vol. 46, No. 28, July 10, 2024
When a claim presents a novel or important question of law
					 or a question of public policy, a referee before rendering his decision thereon
					 may certify such question to the board. In such a case the referee shall
					 develop the record on the question involved and submit to the board for
					 determination his findings of fact and the question presented by the record for
					 decision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.13 - Administrative review, full board review, and applications for board reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Definitions.
(1)
Administrative review
means an administrative appeal from a
				  decision of a compensation claims referee, under section 23  of the Workers'
				  Compensation Law, or an administrative appeal of a finalized administrative
				  determination as set forth in Part 313 of this Title.
(2)
Full board review
means
				  an administrative appeal from a decision of the board pursuant to section 23  of
				  the Workers' Compensation Law. Such review is discretionary unless a board
				  member dissents from the ruling regarding a finding other than the issue of
				  whether to appoint an impartial medical specialist. Upon notice to the
				  claimant, his or her legal representative, if any, the employer or carrier or
				  special fund, the full board may review any case on its own motion.
(3)
Filing
means an
				  application has been received by the board at the designated point of receipt.
				  Upon posting on the board's website, the chair may prescribe the format and
				  method for filing and service including, among other methods, electronic, mail
				  or fax service.
(4)
Necessary parties of interest
means, for the purposes of this
				  section, claimants, self-insured employers, private insurance carriers, the
				  state insurance fund, special funds, no-fault carriers per section 142  of the
				  Workers' Compensation Law, or any surety, including but not limited to the
				  uninsured employer's fund, and the liquidation bureau. Treating medical
				  providers and independent medical examiners are not parties of interest and may
				  not make filings, oral arguments, or otherwise participate in the
				  administrative review process. Attorneys and licensed hearing representatives
				  are not necessary parties of interest under this rule, except that an attorney
				  or representative is a necessary party in an appeal that concerns the amount of
				  a fee payable to an attorney or representative or a penalty imposed against an
				  attorney or licensed hearing representative. A claimant's attorney or licensed
				  hearing representative, properly designated by the claimant as his or her
				  representative, shall receive a copy of any applications or rebuttals filed
				  under this section.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.16 - Full board review

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever, on the board's own motion, a case is accepted for
					 review by the full board, notice thereof shall be mailed to the claimant, his
					 representative, if any, the employer, the carrier and the special fund, if it
					 is a party in interest.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.17 - Notices of retainer, appearance, substitution, and fees of claimant's attorney or licensed representative

Current through Register Vol. 46, No. 28, July 10, 2024
In the representation of a claimant before the Board or a
					 Workers' Compensation Law Judge in any case:
(a) An attorney or licensed representative
				  shall file a notice of retainer and appearance, and, when appropriate, a notice
				  of substitution, in the format prescribed by the chair, immediately upon being
				  retained. The attorney or licensed representative shall also transmit a copy of
				  such notice to the insurance carrier, self-insured or other representative of
				  the employer at the time of filing.
(b)
(1) An
				  attorney or licensed representative, substituted for a former attorney or
				  licensed representative, shall immediately upon being retained serve the former
				  attorney or licensed representative with a copy of the notice of
				  substitution.
(2) An attorney or
				  licensed representative may withdraw from representation of a claimant when:
(i) a notice of substitution has been filed;
				  or
(ii) a withdrawal of
				  representation completed in the format prescribed by the Chair has been filed
				  and approved by a Workers' Compensation Law Judge or conciliator. Failure to
				  obtain the approval of a Workers' Compensation Law Judge or conciliator prior
				  to ceasing representation of a claimant, when a notice of substitution has not
				  been filed, will constitute the basis of a referral for a violation of 22
				  NYCRR, Part 1200.0, Rules of Professional Conduct, Rule 1.16 for an attorney,
				  and may be the basis for license revocation of a licensed
				  representative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.21 - Deductions allowable in determining proceeds of recovery in third-party actions

Current through Register Vol. 46, No. 28, July 10, 2024
The net proceeds received by claimant from a third-party
					 action, less reasonable medical or funeral expenses paid or incurred by him,
					 shall be credited to the carrier in determining whether deficiency compensation
					 is due.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.23 - Requirements relative to suspension or reduction of compensation benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In any case
				  where the carrier or employer has made payment without waiting for an award by
				  the board, the filing of an electronic notice as prescribed in section
				  300.22(f) 
				  of this Part is not authority to suspend or reduce payments of compensation
				  unless supporting evidence that the suspension or reduction of payment is
				  justified is submitted in the format prescribed by the chair together with or
				  on the same day as such notice. Supporting evidence may include:
(1) a copy of the payroll report if the
				  compensation rate is not based on information contained in the C-2 and is below
				  the maximum;
(2) medical or other
				  reports (including notice of return to work) justifying the suspension or
				  reduction of payments, or by indicating on such notice the name and date of the
				  medical or other reports, if they have been previously filed; or
(3) proof of incarceration upon conviction of
				  a felony, which allows for the suspension of both wage replacement benefits and
				  payment for causally related medical treatment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.24 - Nonschedule adjustments under section 15(5-b) of the workers' compensation law

Current through Register Vol. 46, No. 28, July 10, 2024
Proceedings under subdivision 5-b of section 15 for
					 approval of nonschedule adjustments may be conducted by a member of the board
					 or a panel of the board. A member of the board may be designated by the
					 chairman to act individually in the hearing and determination of such
					 nonschedule adjustments pursuant to section 15, subdivision 5-b. Referees shall
					 have no authority to approve such adjustments.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.25 - Cases involving serious facial or head disfigurement

Current through Register Vol. 46, No. 28, July 10, 2024
In cases involving serious facial or head
					 disfigurement:
(a) A claimant residing
				  outside the State more than 50 miles from the place of hearing may submit
				  secondary evidence of such disfigurement in lieu of a personal appearance,
				  unless his appearance is directed by the board or requested by the
				  carrier.
(b) Secondary evidence
				  shall consist of a clear color photograph, measuring at least 8" x 10", showing
				  a close-up view of the face, head and/or neck region, and attached thereto, a
				  notarized statement signed by the claimant, indicating that:
(1) claimant resides outside the State and
				  would have to travel more than 50 miles from outside the State to attend the
				  hearing;
(2) claimant posed for the
				  photograph; and
(3) the date the
				  photograph was taken.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.26 - Direct Deposit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Scope.
				  An injured worker or person entitled to a death benefit may elect to receive
				  workers' compensation indemnity or death benefits by direct deposit to a bank
				  account or bank accounts in the name of the injured worker or person entitled
				  to a death benefit. Such election is not required to be offered for payment of
				  fees due to the representative of the injured worker or person entitled to a
				  death benefit or for payments due to a treating medical provider for payment of
				  medical bills.
(b) Applicability.
				  All carriers, self-insured employers, third-party administrators and Special
				  Funds (including the Uninsured Employers Fund upon default of the uninsured
				  employer) shall comply with this section by complying with subdivision (e) on
				  or before July 1, 2021. Notwithstanding the foregoing, the Chair may toll the
				  provisions of this section to accommodate a transition under Article 6-A to the
				  Workers' Compensation Security Fund currently administered by the Liquidation
				  Bureau of the Department of Financial Services.
(c) Requirements. A carrier, self-insured
				  employer, third-party administrator or Special Fund must, upon receipt of the
				  election of direct deposit from the injured worker or person entitled to a
				  death benefit in the format prescribed by the Chair (Election Form), which
				  includes all the data elements present on the Election Form on the Board's
				  website and does not require additional data elements, allow an injured worker
				  or person entitled to death benefit to receive payment of workers' compensation
				  benefits by direct deposit to a bank account. For the purposes of this section
				  direct deposit shall not include benefit payments loaded electronically onto a
				  debit card associated to a bank.
(1) The bank
				  where any deposit is made must be a member of a New York Automated
				  Clearinghouse.
(2) Multiple bank
				  accounts:
(i) A carrier, self-insured
				  employer and third-party administrator must permit workers' compensation
				  benefits or death benefits to be deposited in at least two bank accounts at the
				  request of the injured worker or person entitled to death benefits; and
(ii) A carrier, self-insured
				  employer and third-party administrator must permit an injured worker or person
				  entitled to a death benefit to divide the deposits as a percentage of the total
				  benefit or by a fixed dollar amount for each deposit.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.29 - Modification of distribution of payment in compliance with income execution or income deduction

Current through Register Vol. 46, No. 28, July 10, 2024
Any party liable for the payment of a compensation award
					 may modify the distribution of such payment without the necessity of a Workers'
					 Compensation Law judge hearing or notice of decision where such modification is
					 made in order to comply with an income execution or income deduction issued
					 pursuant to an order of support as defined in CPLR 5241 and CPLR 5242 which has
					 been served upon said party. Where said party is otherwise required to file
					 electronically a notice of payment modification pursuant to section
					 300.22,
					 the notice of payment modification and a copy of the income execution or income
					 deduction shall be submitted to the chair with copies thereof upon the claimant
					 and his or her legal representative (if any). Any modification of payment made
					 in compliance with an income execution or income deduction order for support
					 enforcement issued pursuant to an order of support as defined in CPLR 5241 and
					 CPLR 5242 shall not be grounds for imposition of a penalty under the Workers'
					 Compensation Law, so long as the monies paid in compliance with the income
					 execution or income deduction order are limited to those monies which would
					 have been paid to the claimant, after payment of any liens for attorney or
					 licensed representative fees, or for prior payment made by a disability
					 benefits carrier, or for advance payments of compensation by an
					 employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.30 - Suspension or modification of application of rules

Current through Register Vol. 46, No. 28, July 10, 2024
The board may in its discretion suspend or modify the
					 application of any of these rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.31 - Contracts of insurance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  contract of insurance, including any amendment, endorsement or rider thereto,
				  which shall secure workers' compensation benefits pursuant to the Workers'
				  Compensation Law, shall meet the requirements of the Workers' Compensation Law,
				  Workers' Compensation Board, the Insurance Law and the Superintendent of
				  Insurance.
(b) On April 1, 1988,
				  each insurance carrier providing benefits pursuant to the Workers' Compensation
				  Law shall file with the chairman, in a manner prescribed by the chairman,
				  notification of the issuance, amendment, endorsement, rider or reinstatement of
				  any workers' compensation insurance contract which took place between January
				  1, 1988 and April 1, 1988. Thereafter each such insurance carrier shall file
				  with the chairman, in a manner prescribed by the chairman, notification of the
				  issuance, amendment, endorsement, rider or reinstatement of any workers'
				  compensation insurance contract within 30 days after such action by the
				  insurance carrier.
(c) On April 1,
				  1988, each insurance carrier or the New York Compensation Insurance Rating
				  Board shall notify the chairman, in a manner prescribed by the chairman, of all
				  policies currently in force providing benefits under the Workers' Compensation
				  Law.
(d) The provisions of this
				  rule shall not apply with respect to any policy providing comprehensive
				  personal liability insurance on a one-, two-, three- or four-family
				  owner-occupied dwelling.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.33 - Pre-hearing conferences

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Statement of purpose.
To address the conduct and processing of pre-hearing
					 conferences, to provide a mechanism for the identification of issues and
					 relevant evidence and to permit parties an opportunity to assess their case and
					 to resolve outstanding issues prior to scheduling a hearing regarding those
					 issues.
(b) All cases in
				  which a notice of controversy and a medical report referencing an injury are
				  submitted, shall be scheduled for a pre-hearing conference to be held as soon
				  as practicable, but in no event more than 30 calendar days after receipt by the
				  board of the notice of controversy and a medical report referencing an injury.
				  Cases with outstanding issues, which cannot be processed through conciliation
				  or administrative determination, shall be referred to a pre-hearing conference
				  when necessary to complete any discovery.
(c) In all cases the notice of pre-hearing
				  conference shall be governed by section
				  300.38(b) 
				  of this Part.
(d) All represented
				  parties must file a pre-hearing conference statement in accordance with section
				  300.38(f) 
				  of this Part.
(e) The pre-hearing
				  conference shall be conducted in accordance with, and all parties must comply
				  with, all the provisions in section
				  300.38(g) 
				  of this Part, if the claimant has retained a legal representative on or before
				  the date of the pre-hearing conference.
(f) If the claimant has not retained a legal
				  representative on or before the date of the pre-hearing conference, the
				  following provisions shall apply:
(1)
				  Pre-hearing conferences shall be held before a Workers' Compensation Law judge
				  or conciliator, who shall consider at the conference, with the parties or their
				  authorized legal representatives, the following:
(i) confirmation that all appropriate
				  information, forms or notices, including completed medical reports, have been
				  submitted and a verification that all information on the forms and notices is
				  accurate;
(ii) addition of any
				  other necessary parties, where appropriate;
(iii) simplification and limitation of
				  factual and legal issues, where appropriate;
(iv) presentation of a list of proposed
				  witnesses, where appropriate;
(v)
				  production of depositions of proposed witnesses, where appropriate;
(vi) scheduling the case for hearing;
				  and
(vii) entering into a
				  stipulation made in writing, in which case it shall be signed by all parties to
				  the stipulation. All parties to the stipulation shall certify that they have
				  been advised of the legal effect of the stipulation and that they have agreed
				  to the stipulation of their own free will.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.34 - Special expedited hearing process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Purpose. This rule is promulgated
				  pursuant to the requirements of paragraph (d) of subdivision 3 of section 25  of
				  the Workers' Compensation Law with regard to the special expedited hearing
				  process for cases in which the issues have not been resolved within one year
				  after such issues have been raised before the board, or if multiple claims
				  arise from the same accident or occurrence, or if all parties agree to an
				  expedited hearing, or if the chair otherwise deems it necessary. Cases in which
				  a notice of controversy is filed are governed by section
				  300.38  of
				  this Part.
(b) If, in any case, the
				  issues have not been resolved within one year after such issues have been
				  raised before the board, or if multiple claims arise from the same accident or
				  occurrence, or if all parties agree to an expedited hearing, or if the chair
				  otherwise deems it necessary, the chair or a person designated by the chair, on
				  his or her own motion, or on motion of any party in interest, may order that
				  the case be transferred to the special expedited hearing process.
(c) Each party shall, within twenty days
				  after the order of transfer has been made, file with the board and serve upon
				  all other parties a pre-hearing conference statement as set forth in section
				  300.33(c) 
				  of this Part if one was not filed before the transfer.
(d) Hearings in the special expedited hearing
				  process:
(1) shall be conducted by a Workers'
				  Compensation Law judge;
(2) shall
				  be scheduled in such a manner so that, where appropriate, any and all
				  outstanding issues may be addressed at one hearing; and
(3) shall be scheduled within 30 days after
				  the order of transfer.