New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 314 - Alternative Dispute Resolution Of Claims › Section 314.8 - Board adjudication of certain issues

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Special funds application. Any employer
				  participating in an alternative dispute resolution program pursuant to section 25 (2-c)  of the Workers' Compensation Law, or such employer's carrier or third
				  party administrator, that seeks relief pursuant to section 14 (6), 15 (8) or 25-a 
				  of the Workers' Compensation Law, shall, at the time its application is filed
				  with the Special Funds Conservation Committee, also file a copy of the
				  application with the board and all affected parties.
(b) Other applications. Any such employer, or
				  its carrier or third party administrator, that submits an application for
				  relief involving a claim that is not subject to the same section 25(2-c)
				  alternative dispute resolution program shall file a copy of its application
				  with the board and all affected parties simultaneously. Such applications may
				  include, but are not limited to, requests for approval of a settlement
				  agreement pursuant to Workers' Compensation Law, section 32 and/or an
				  apportionment of liability pursuant to the Workers' Compensation Law. This
				  section does not apply to claims or issues which involve individuals who or
				  entities that are all subject to the same Alternative Dispute Resolution
				  Program.
(c) Negotiated resolution.
				  In the event the parties reach an agreement regarding an application for relief
				  described in subdivision (a) or (b) of this section, a copy of the agreement,
				  signed by an authorized individual for each party, shall be submitted to the
				  board for review. The board shall issue a written decision approving the
				  agreement unless it finds that the agreement is unfair, unconscionable, or
				  improper as a matter of law. No agreement entered into under this subdivision
				  shall become effective until approved by the board. Decisions approving an
				  agreement described in this subdivision shall not be reviewable under section 23  of the Workers' Compensation Law absent evidence that the agreement is the
				  result of an intentional misrepresentation of a material fact by, or was
				  induced by fraudulent behavior on the part of, a signatory to the agreement or
				  their agent. If the board disapproves a submitted agreement, it shall issue a
				  written decision stating the reasons for such disapproval. Decisions
				  disapproving an agreement shall be reviewable under section 23  of the Workers'
				  Compensation Law.
(d) Adjudication.
				  In the event the parties are unable to reach an agreement regarding an
				  application for relief described in subdivision (a) or (b) of this section, the
				  applicant may request that the board adjudicate the issue or issues raised in
				  the application. Upon receipt of such request, the board shall schedule a
				  hearing before a Workers' Compensation Law Judge or other board attorney for
				  the purpose of resolving the disputed issue or issues. Decisions issued by a
				  Workers' Compensation Law Judge or board attorney pursuant to this subdivision
				  shall be reviewable under section 23  of the Workers' Compensation
				  Law.
(e) Nothing herein shall in
				  any way affect or be deemed to modify the statutory agreement approval
				  provisions of Workers' Compensation Law, section 32.