reglab/statecodes huggingface dataset:
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 300.35 - Resumption of benefits upon release from custody

Current through Register Vol. 46, No. 28, July 10, 2024
All those whose benefits have ceased by operation of
					 Workers' Compensation Law, section 10(4) may apply to the board for resumption
					 of benefits upon their release from custody, by providing notice to the board
					 of release from custody on a request for further action, Form RFA-1, and
					 accompanied by the following information:
(a) proof of release from custody;
				  and
(b) up-to-date medical evidence
				  where the claimant has not, as of the date of conviction, been classified as
				  permanently partially disabled.
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 300.38 - Controverted claims

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of
				  controversy. An insurance carrier who controverts a claim shall submit to the
				  board and serve upon all other parties a notice of controversy in the format
				  prescribed by the chair in accordance with Workers' Compensation Law, section
				  25(2)(a) or (b) or section
				  300.22 
				  of this Part. A notice that contains the relevant elements, as prescribed by
				  the chair, of the first report of injury or subsequent report of injury as more
				  fully set forth in section
				  300.22 
				  of this Part, shall be transmitted to all other parties within one business day
				  of the date it is filed electronically with the board. The notice of
				  controversy shall comply with the following:
(1) it must be complete and provide a factual
				  basis for the insurance carrier's controverting the claim and for any asserted
				  defenses;
(2) it must contain a
				  written certification signed by the insurance carrier, or if represented, by
				  its legal representative, that to the best of his or her knowledge, information
				  and belief, formed after an inquiry reasonable under the circumstances that the
				  allegations and other factual matters asserted in controverting the claim or
				  the defenses asserted have evidentiary support, or if specifically so
				  identified, are likely to have evidentiary support after a reasonable
				  opportunity for further investigation or discovery. The written certification
				  may be made at the pre-hearing conference prescribed in subdivisions (g) and
				  (h) of this section. If the initial certification is not signed by a legal
				  representative, then before a legal representative may appear on behalf of the
				  insurance carrier, the legal representative shall file and serve the required
				  certification;
(3) it must provide
				  the name and, if known, the address and telephone number of each individual
				  likely to have information that the insurance carrier may use to support its
				  factual basis for controverting the claim or for supporting a defense, and
				  briefly describe the information; and
(4) it must provide a list of all documents
				  in the possession, custody or control of the insurance carrier that it may use
				  to support the factual basis for controverting the claim or for supporting a
				  defense.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 301 - Fees For Attendance Of Physicians, Podiatrists, Chiropractors And Psychologists At Hearings › Section 301.1 - Fees for attendance of physicians and podiatrists at hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the attendance of the injured employee's treating
					 or consul- tant physician or podiatrist at a hearing is required, such p
					 hysician or podiatrist shall be entitled to an attendance fee of $450. In
					 instances involving special circumstances, should the Board in its judg- ment
					 deem that the appropriate fee specified above is inadequate, the Board may fix
					 a fee in an amount gr eater than said sum for such hearing, such increased fee
					 to be comme nsurate with the circumstances in the particular case. The circumst
					 ances to be considered are the period of time the physician or podiatrist has
					 consumed in testifying, and traveling time from the physician's or podiatrist's
					 office to the hearing point. Where the attendance is pursuant to a su bpoena
					 issued by the board, the Workers' Compensation Law judge, or any officer of the
					 board so designated by the chair, the attendance fee may be limited to no more
					 than $100.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 301 - Fees For Attendance Of Physicians, Podiatrists, Chiropractors And Psychologists At Hearings › Section 301.3 - Fees for attendance of chiropractors, nurse practitioner, licensed clinical social workers, and psychologists at hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever the attendance of the injured employee's treating
					 or consultant chiropractor, nurse practitioner, licensed clinical social
					 worker, or psychologist at a hearing is required, such chiropractor, nurse
					 practitioner, licensed clinical social worker, or psychologist shall be
					 entitled to an attendance fee of $350. In instances involving special
					 circumstances, the board may fix a fee in an amount greater than the said sum,
					 such increased fee to be commensurate with the circumstances in the particular
					 case. Where the attendance is pursuant to a subpoena issued by the board, the
					 Workers' Compensation Law judge or any officer of the board so designated by
					 the chair, the attendance fee may be limited to no more than
					 $70.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.1 - Practice before board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 person except an attorney-at-law of this State, a law school graduate or senior
					 law student as permitted by the Judiciary Law and these rules, a representative
					 licensed by the board, an authorized employee of a licensed representative of
					 self-insurers, or a regular employee of a self-insured employer or insurance
					 carrier may practice before the board.
(b) No officer, director, trustee or employee
					 of a group self-insurer, as defined in subdivision 3-a of section 50  of the
					 Workers' Compensation Law, may represent or participate, directly or
					 indirectly, on behalf of an injured worker or his dependents in any workers'
					 compensation proceeding in which the group or any member of the group is a
					 party.
(c) The board shall be
					 deemed to include any bureau, office, unit, section, or employee, as well as
					 the referees of the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.2 - Qualifications of applicants to be licensed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant, and if a corporation, an
					 officer thereof, shall show that he or she:
(1) is over 18 years of age;
(2) is a citizen of the U.S.A. or an alien
					 lawfully admitted for permanent residence in the U.S.A.;
(3) is a permanent resident of the State of
					 New York or has a regular place of business in the State of New York;
(4) is a person of good moral
					 character;
(5) has a high school
					 diploma or the equivalent thereof;
(6) has a competent knowledge of the law and
					 regulations relating to workers' compensation matters and the necessary
					 qualifications to render service to his or her client.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.3 - Applications for a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applications shall be made on a form prescribed and furnished by the
					 board.
(b) A representative of a
					 bona fide charitable or welfare organization, labor union or other organization
					 of employees, designated by it for that purpose, may apply to be licensed to
					 represent its members, which license shall be revoked upon certification by
					 such organization to the board that the individual so licensed is no longer
					 authorized to represent its members.
(c) Persons, firms or corporations other than
					 attorneys and counselors-at-law, soliciting self-insurers as clients, or
					 representing self-insurers at any hearing, investigation or inquiry, relative
					 to a claim for compensation, shall apply for a license. The application of a
					 corporation shall be made and verified by a duly authorized and qualified
					 officer.
(d) Employees, other than
					 attorneys, of any person, firm or corporation licensed to represent
					 self-insurers and insurance carriers may practice before the board on behalf of
					 such clients, provided that they have the qualifications required herein for a
					 license and have obtained authorization from the board to appear on behalf of
					 the employer-licensee. All such employees shall be required to pay a fee for
					 authorization payable upon the filing of application for authorization. The
					 employer-licensee shall provide such employees with credentials evidencing
					 their employment, and shall promptly notify the board of termination of such
					 employment.
(e) All applicants are
					 required to be fingerprinted and a name search with fingerprint verification
					 obtained from the Division of Criminal Justice Services, Executive Department,
					 State of New York. Applicants are to submit with their application a check or
					 money order payable to "New York State Division of Criminal Justice Services"
					 in the amount charged by that division for such services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.4 - Examination

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant shall be required to evidence his or her
						fitness, knowledge and understanding of the Workers' Compensation Law,
						Disability Benefits Law, Volunteer Ambulance Workers' Benefit Law and Volunteer
						Firefighters' Benefit Law and the procedures established thereunder, by
						submitting to written examination and oral review at the board's discretion.
						Prescribed written examinations shall be given at reasonable intervals and
						times as fixed by the board. An applicant for renewal of a license shall not be
						required to submit to written examination and shall be required to submit to
						oral review at the board's discretion. Oral review, if required by the board,
						for applicants who receive a raw score grade of 70 or better on the written
						examination shall be scheduled within 90 days after the completion and grading
						of the written examination, or when required by the board in cases of a renewal
						application, within 90 days after the submission of the completed
						application.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.5 - Oath required

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant shall be required to take the oath or
						affirmation in form prescribed by the board before the issuance of a license or
						renewal thereof, and filed with the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.7 - License fees and bonds

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Licenses and authorizations shall be issued for terms of up to three
					 years.
(b) The fee for a license
					 with fee under section 24-a, a license under section 50(3-b) or (3-d), or an
					 authorization under section 50(3-d) shall be $100 per year, payable to the
					 chairman of the board. Upon application for such license or authorization, a
					 fee of $100 shall be payable. If the license or authorization is granted, the
					 application fee shall be applied toward the payment of the license or
					 authorization fee. The balance of the license or authorization fee, if any,
					 shall be payable upon the granting of the license or authorization.
(c) A surety bond in form prescribed by the
					 chairman in the sum of $5,000 per year shall be filed by each applicant for a
					 license to represent self-insured employers.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.8 - List of licensed representatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A list of all individuals who make
					 applications for license or who are licensed or whose applications have been
					 rejected or denied or whose licenses have been suspended, revoked or
					 discontinued shall be kept in the office of the secretary.
(b) The secretary shall furnish, upon
					 request, information as to whether an individual, firm or corporation is
					 licensed to practice before the board.
(c) The secretary shall issue an
					 identification card to each licensed representative and authorized employee,
					 who shall exhibit it upon request of any official or employee of the
					 board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.9 - Conduct

Current through Register Vol. 46, No. 28, July 10, 2024
Each licensee shall observe the rules and regulations of
						the board, and mere failure or neglect to observe such rules or regulations
						shall be sufficient cause for invoking disciplinary proceedings as herein
						provided.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.10 - Procedure for the suspension or revocation of licenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Processing of complaint. All complaints
					 against licensed representatives or authorized employees of a licensed
					 representative shall be referred to the secretary of the board. For purposes of
					 this section the term representative shall include holders of licenses under
					 section 24-a and section 50, subdivisions 3-b and 3-d of the Workers'
					 Compensation Law, and duly designated and authorized employees under section
					 302-1.3(b) 
					 of this Subpart.
(b) Preliminary
					 inquiry. The secretary's office, in consultation with board counsel, shall
					 conduct a preliminary inquiry of all complaints received. The secretary may
					 also conduct a preliminary inquiry on his or her own initiative. If the board
					 secretary concludes that there exists evidence that violations of the Workers'
					 Compensation Law or board rules which might warrant disciplinary action have
					 occurred the secretary shall refer the complaint or the results of an inquiry
					 undertaken at his or her own initiative to the chair.
(c) Investigation. The chair may designate a
					 committee, comprised of a board member, the secretary and an officer or
					 employee of the board, to conduct an investigation.
(1) The investigation shall be carried out by
					 the designated committee and shall be assisted by board counsel. A
					 representative has no right to be present or have legal representation present
					 during the investigation. If, however, the committee directs the representative
					 to appear before it during the investigation, the representative may have legal
					 representation present.
(2) The
					 committee may require witnesses to appear before it during the course of the
					 investigation and may also require the production of books, papers or other
					 documents deemed to be material. The committee may issue or cause to be issued
					 subpoenas for documents and the appearance of witnesses before it.
(3) The committee shall report its findings
					 to the full board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-1 - Regulations › Section 302-1.11 - Orientation program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
					 applicant to become a licensed representative or, if such applicant is a
					 corporation, the qualifying officer thereof unless such qualifying officer is
					 an attorney-at-law duly admitted to practice in the State of New York, who
					 applies for an initial license under section 24-a or section 50  of the Workers'
					 Compensation Law and who has been approved by the board to become a licensed
					 representative and every applicant who is a designated employee of a licensed
					 representative who has been approved by the board to receive initial
					 authorization under section 50  of the Workers' Compensation Law, shall be
					 required to complete an orientation program, as set forth in this section,
					 prior to the board's issuance of the license.
(b) The secretary of the board shall provide
					 for and maintain an orientation program which shall consist of an overview of
					 the following topics:
(1) procedures relating
					 to practice before the board;
(2)
					 provisions relating to the conduct of licensed representation and issues
					 relating to the legal and ethical responsibilities of practitioners before the
					 board; and
(3) any other topics
					 which the secretary deems necessary.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.1 - Duty to his client

Current through Register Vol. 46, No. 28, July 10, 2024
Every representative of claimants, employers and carriers
						should:
(a) have full knowledge of his
					 client's case;
(b) ascertain and
					 make a complete and accurate disclosure to his client of the facts and
					 questions of law in the case;
(c)
					 act promptly in protecting his client's interest;
(d) comply with the law; and any
					 unintentional noncompliance, error or omission either on his or his client's
					 part should be corrected promptly on notice or information thereof;
(e) exercise diligence in the preparation and
					 handling of all matters involving his client's case, and assist in the prompt
					 disposition thereof;
(f) disclose
					 fully to his client in writing on a form prescribed by the board any adverse
					 interest or relationship of the licensed representative or person authorized to
					 represent the license holder with any of the parties. Adverse interest or
					 relationship include, but are not limited to, ownership of stock or other
					 financial interest in any party to the proceeding and representation of another
					 party in this proceeding. Representation of more than one party in a proceeding
					 is prohibited. Except with the consent of his client after the foregoing full
					 disclosure, a representative shall not represent a client in a proceeding. If a
					 duly designated employee of a licensed representative of self-insurers for
					 reasons of adverse interests withdraws from representing a client, no other
					 duly designated employee of the same licensed representative may represent that
					 client in the same proceeding;
(g)
					 fairly advise his client as to the merits of the case;
(h) transfer, or accept the transfer of, a
					 case to or from another representative or lawyer only after disclosure and with
					 the approval of the board or referee; and
(i) withdraw only after giving not less than
					 five days' prior written notice to his client, and filing a copy thereof
					 promptly with the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.2 - Duty to board and referees

Current through Register Vol. 46, No. 28, July 10, 2024
A representative should:
(a) conduct himself at all times in the same
					 orderly manner as is required of lawyers in courts of law;
(b) produce promptly all records or evidence
					 as required;
(c) submit promptly to
					 the chairman the names of all regular employees and the names of other persons
					 or agencies connected with him in representing clients, and all changes
					 therein, together with a statement of his arrangements with them;
(d) keep a register in form approved by the
					 board in his office available for inspection, showing all his cases;
(e) display his license at all times in a
					 prominent place in his office; and
(f) appear only in those cases in which he is
					 directly retained by his client or by his client's attorney-at-law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.3 - Partnership-names

Current through Register Vol. 46, No. 28, July 10, 2024
An individual representative shall not:
(a) maintain any partnership except with
					 another licensed representative and after full disclosure of the partnership
					 terms to the board; and
(b)
					 practice under an assumed or trade name.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.4 - Compensation, commissions and rebates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No representative licensed under section
					 24-a shall exact or accept any fee or other payment unless and until it shall
					 have been authorized by order of the board or referee.
(b) Division of any fee with another licensed
					 representative or a lawyer shall be based upon a division of service or
					 responsibility and shall be improper unless fully disclosed to the board and
					 referee before the fee is authorized.
(c) A representative shall not, directly or
					 indirectly, receive any profit by credit or other valuable consideration as a
					 commission, discount or gratuity in connection with any compensation
					 case.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.5 - Preparation, punctuality and expedition

Current through Register Vol. 46, No. 28, July 10, 2024
A representative shall:
(a) thoroughly investigate and prepare his
					 case; and
(b) be punctual and ready
					 to proceed at hearings and avoid undue delay in the trial of the case by
					 submitting all available evidence as promptly and fully as possible.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.6 - Candor and fairness

Current through Register Vol. 46, No. 28, July 10, 2024
A representative should:
(a) state all facts correctly, whether in
					 writing or orally;
(b) perform
					 punctually his written or oral commitments; and
(c) communicate with an adverse party who is
					 represented by an attorney or licensed representative only through such
					 attorney or representative.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.7 - Advertising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 representative may advertise as set forth in the provisions of this section. A
					 representative shall not solicit, directly, indirectly or by implication,
					 employment in compensation cases, except in connection with the representation
					 of self-insured employers as specifically permitted by subdivision 3-b of
					 section 50  of the Workers' Compensation Law.
(b) A licensed representative shall not use,
					 disseminate or participate in the preparation of any public communication
					 containing statements or claims that are false, deceptive or
					 misleading.
(c) Advertising or
					 other publicity by licensed representatives shall not contain puffery, self-
					 laudation, or claims that cannot be measured or verified.
(d) If an advertisement is broadcast, it
					 shall be prerecorded or taped and approved for broadcast by the licensed
					 representative, and a recording or videotape of the actual transmission shall
					 be retained by the licensed representative for a period of not less than three
					 years following such transmission. All advertisements for services that are
					 mailed, or are distributed other than by radio, television, directory,
					 newspaper, magazine or other periodical, by a licensed representative shall
					 also be subject to the following provisions:
(1) A copy of each advertisement shall at the
					 time of its initial mailing or distribution be filed with the secretary of the
					 board.
(2) Such advertisement shall
					 contain no reference to the fact that such advertisement has been filed with
					 the secretary.
(3) If such
					 advertisement is directed to a predetermined addressee, a list, containing the
					 names and addresses of all persons to whom the advertisement is being or will
					 thereafter be mailed or distributed, shall be retained by the licensed
					 representative for a period of not less than three years following the date of
					 mailing or distribution.
(4) The
					 requirements of this subdivision shall not apply to distribution of
					 professional cards.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.8 - Unauthorized practices and intermediaries

Current through Register Vol. 46, No. 28, July 10, 2024
A representative shall not:
(a) seek out those with claims, or employ
					 agents or runners for like purpose, or pay or reward, directly or indirectly,
					 those who recommend or refer cases to him/her;
(b) represent clients recommended to him/her
					 by any individual who solicits business or obtains clients in violation of the
					 preceding subdivision;
(c) directly
					 or indirectly encroach in any way upon the retainers of another
					 representative;
(d) knowingly,
					 either directly or indirectly, employ or accept assistance from any person
					 whose application for a license has been denied, or whose license has been
					 suspended, or who has been suspended or disbarred as an attorney-at-law in any
					 state; or
(e) accept private
					 employment in a matter in which he/she had substantial responsibility while
					 he/she was a public employee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.9 - Misconduct generally

Current through Register Vol. 46, No. 28, July 10, 2024
The license of a representative may be suspended or
						revoked:
(a) if the representative
					 shall be convicted of a crime in any court, State or Federal;
(b) if the representative gives false or
					 substantially inaccurate information in any application for a
					 license;
(c) if the representative
					 conceals or attempts to conceal material facts in any case;
(d) if the representative solicits or
					 procures the giving of false testimony;
(e) if the representative misappropriates
					 funds or documents entrusted to him in any case; and
(f) if the representative violates any
					 provision of the rules of the board governing the licensing of representatives
					 of claimants and self-insurers of these rules of conduct.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.10 - Corporation responsible for its employees; legal aid organizations responsible for law interns

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 corporation licensed as the representative of self-insurers shall be
					 responsible for its employees and for their compliance with these
					 rules.
(b) A legal aid organization
					 whose program of activities for law school graduates and senior law students
					 has been approved by the Appellate Division pursuant to the Judiciary Law shall
					 be responsible for all law interns or legal interns selected by it to represent
					 claimants in accordance with these rules. Such organization shall require
					 supervision of such representation as required by these rules, by a supervising
					 attorney who is admitted to practice in this State and has two years'
					 experience in this State or another state and who shall be the attorney of
					 record in each case where a law intern engages in representation of a claimant
					 pursuant to these rules. Such organization shall also comply with all other
					 requirements for representation of claimants by law interns as set forth in
					 these rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-2 - Rules Of Conduct › Section 302-2.11 - Rules may be suspended or modified

Current through Register Vol. 46, No. 28, July 10, 2024
The Workers' Compensation Board may in its discretion
						suspend or modify any provision of these rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 302 - Licensing Representatives Of Claimants And Self-insurers › Subpart 302-3 - Oath Of Licensed Representative › Section 302-3.1 - Form of oath

Current through Register Vol. 46, No. 28, July 10, 2024
Each licensed representative shall be sworn by the
						following form of oath to be filed with secretary before being admitted to
						practice under his license, and any violation of his oath shall be grounds for
						disciplinary action.
I DO SOLEMNLY SWEAR: I will support the Constitution of
						the United States and the Constitution of the State of New York. I shall
						thoroughly and conscientiously handle cases entrusted to me. I will not counsel
						or maintain any claim in behalf of a client which shall appear to me to be
						unjust, and shall accept only such as I believe to be honestly debatable under
						the Compensation Law. I will employ, for the purpose of sustaining the matters
						confided to me, such means only as are consistent with truth and honor, and
						will never seek to mislead the Board by any artifice or false statement of fact
						or law. I will accept no compensation from a claimant in connection with his
						claim except as provided by the law. I will abstain from all offensive
						personalities and advance no fact prejudicial to the honor or reputation of a
						party or witness, unless required by the justice of the cause with which I am
						charged, SO HELP ME GOD. Sworn to before me this __ day of ___, 19
						_
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
In accordance with subdivision 2 of section 20  of the
					 Workers' Compensation Law, this rule establishes an independent and impartial
					 forum for the resolution of workers' compensation claims submitted by officers
					 and employees of the Workers' Compensation Board and the State Insurance
					 Fund.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.2 - Use of impartial specialist for claims of officers and employees of the workers' compensation board and the state insurance fund

Current through Register Vol. 46, No. 28, July 10, 2024
In respect of any claim for compensation by an officer or
					 employee of the Workers' Compensation Board or the State Insurance Fund,
					 whether or not such claim is required to be determined by a neutral outside
					 arbitration process pursuant to section
					 303.3 
					 of this Part, the Workers' Compensation Law judge or arbitrator making the
					 initial finding of fact concerning any medical issue present in the case shall
					 develop the record with opinion evidence from an impartial specialist who is an
					 expert in the appropriate medical specialty. Such impartial specialist shall be
					 subject to cross-examination at the request of any party in
					 interest.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.3 - Resolution of workers' compensation claims of certain officers and employees of the workers' compensation board and the state insurance fund

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding
				  subdivision 1 of section 20  of the Workers' Compensation Law, any claims for
				  compensation of the individuals described below, including claims resulting
				  from the death of such individuals, shall not be within the jurisdiction of the
				  Workers' Compensation Board but shall instead be determined in accordance with
				  the rules and regulations herein set forth:
(1) the chair, vice chair and members of the
				  Workers' Compensation Board;
(2)
				  managerial or confidential employees of the Workers' Compensation Board and
				  State Insurance Fund who are allocated to a grade M1 or above pursuant to
				  section 130  of the Civil Service Law;
(3) judges and conciliators of the Workers'
				  Compensation Board; and
(4) the
				  executive director, deputy executive directors and members of the board of
				  commissioners of the State Insurance Fund.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.4 - Applicability of board rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
All provisions of the Workers' Compensation Law as well as
					 the rules and regulations of the Workers' Compensation Board with respect to
					 the rights, duties and obligations of employers, employees, health care
					 providers and insurance carriers are expressly made applicable to this Part,
					 except to the extent that such rules and regulations are inconsistent with
					 subdivision 2 of section 20  of the Workers' Compensation Law or rules and
					 regulations promulgated pursuant thereto.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.5 - Filing of claims of designated officers and employees

Current through Register Vol. 46, No. 28, July 10, 2024
Claims of designated officers and employees shall be filed
					 in the same manner as any other claim for compensation under the Workers'
					 Compensation Law. When a claim has been filed, and an issue of fact or law
					 arises, the chair shall appoint an arbitrator in accordance with the provisions
					 of section
					 303.6 
					 of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.6 - Appointment of arbitrator; powers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All issues of law or fact pertaining to
				  claims filed by a designated/officer or employee shall be resolved by an
				  arbitrator, appointed by the chair, who shall not be an officer or employee of
				  the board or the State Insurance Fund. Such issues shall include disputed bills
				  of health care providers for treatment of the designated officer or employee
				  that would otherwise be determined by a Workers' Compensation Law judge and the
				  liability of the Special Disability Fund pursuant to sections 15 (8) and 25-a  of
				  the Workers' Compensation Law. Such arbitrators shall have the same powers and
				  duties as those accorded Workers' Compensation Law judges under the Workers'
				  Compensation Law, including powers delegated by the chair.
(b) Within 14 days after receiving
				  notification of a case subject to arbitration hereunder, the chair shall
				  appoint an arbitrator to hear the matter and resolve the issues presented. The
				  interested parties shall be given prompt notice of such appointment.
(c) To the extent practical, once an
				  arbitrator has been named to resolve an issue or question of law or fact
				  regarding the claim of a designated officer or employee, such arbitrator shall
				  resolve any future issues or questions arising in connection
				  therewith.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.7 - Procedural rules

Current through Register Vol. 46, No. 28, July 10, 2024
Arbitrators appointed pursuant to this rule shall adhere to
					 the following procedural requirements:
(a) adequate and timely notice of all
				  proceedings must be given to the necessary parties;
(b) the time, place and manner established
				  for arbitration must be fair and reasonably convenient for all
				  parties;
(c) the first arbitration
				  hearing shall be held within 60 days of the arbitrator's receipt of the file.
				  The arbitrator shall issue a written decision within 30 days after the closing
				  of the record. The arbitrator shall establish reasonable time periods for all
				  other procedural matters;
(d)
				  appropriate records shall be maintained for all claims. All records shall be
				  transferred to the board upon completion of the arbitration;
(e) a written record of all hearings shall be
				  prepared and maintained;
(f) any
				  proposed settlement of a claim must be submitted in writing by the parties to
				  the arbitrator for approval, and is subject to a finding by the arbitrator that
				  the settlement is consistent with the relevant law and facts.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.8 - Decision and award of arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The arbitrator shall provide written
				  notification of any award or decision to the interested parties, with copy to
				  the Workers' Compensation Board.
(b) The decision and award of the arbitrator
				  shall be deemed to constitute a final decision of the Workers' Compensation
				  Board except if review of such decision is sought as provided in section
				  303.9 
				  of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.9 - Panel review of arbitrator decision

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subject to the rights of the Workers'
				  Compensation Board, as an employer, to appeal an award or decision of an
				  arbitrator, no modification, rescission or review of an arbitrator's award or
				  decision may be entertained by the Workers' Compensation Board in its capacity
				  as an adjudicatory authority, notwithstanding any provision of the Workers'
				  Compensation Law to the contrary.
(b) Within 30 days after notice of the filing
				  of an award or decision by an arbitrator, any party in interest may, by notice
				  filed with the chair, request review of such decision by a panel of three
				  arbitrators (the appeal panel). The award or decision shall be subject to
				  review by such appeal panel in the same manner and to the same extent as a
				  decision of a Workers' Compensation Law judge may be reviewed by the board
				  pursuant to section 23  of the Workers' Compensation Law.
(c) In addition to reviewing the decisions of
				  arbitrators, an appeal panel shall resolve any issue in relation to the claims
				  of designated officers or employees that would normally be resolved, in
				  relation to the claims of non-designated officers or employees, by a
				  three-member Board panel, including applications for the re-opening of
				  cases.
(d) The appeal panel shall
				  consist of:
(1) one arbitrator nominated by
				  the chair;
(2) one arbitrator
				  nominated by a recognized alternative dispute resolution organization
				  designated by the chair; and
(3)
				  one arbitrator nominated by an employee organization certified pursuant to
				  article 14 of the Civil Service Law to represent the collective bargaining unit
				  of the injured employee, or if the injured officer or employee is not
				  represented by a collective bargaining unit, by a recognized alternative
				  dispute resolution organization. For purposes of organizing the work of the
				  appeal panel, the arbitrator nominated pursuant to paragraph (2) of this
				  subdivision shall serve as panel chair.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund › Section 303.10 - Costs and expenses of arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All fees, costs and expenses of
				  arbitration, other than attorney fees, shall be borne by the Workers'
				  Compensation Board and State Insurance Fund with respect to their respective
				  designated officers and employees, pursuant to sections 88 and 151  of the
				  Workers' Compensation Law.
(b)
				  Attorney fees for representatives of designated officers and employees shall be
				  awarded by the arbitrators in accordance with the practice of the Workers'
				  Compensation Board for matters within its jurisdiction.
(c) Fees, costs and expenses shall be paid to
				  arbitrators in accordance with guidelines established by the chair of the
				  Workers' Compensation Board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 308 - Employer Compliance, Enforcement, Record And Report Requirements And Stop-work Orders › Section 308.2 - Calculating cost of compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The cost of compensation shall be calculated as follows:
(1) except as provided in subdivision (c) of
				  this section, every $100 of payroll by employment classification multiplied by
				  the highest rate approved by the Insurance Department for such employment
				  classification for the period that the employer failed to make the provision
				  for payment of compensation required by Workers' Compensation Law, section 50;
				  plus
(2) the New York State
				  assessments, calculated by multiplying the final result of the calculation in
				  paragraph (1) of this subdivision by the assessment percentage determined by
				  the New York Workers' Compensation Rating Board in effect on the date the
				  penalty is calculated.