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 300.18 - Record on appeal: contents and service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Service of a copy of the notice of appeal
				  shall be made upon all interested parties, and the original notice of appeal,
				  with proof of service thereof, shall be served upon the office of the secretary
				  of the board.
(b) In the event that
				  the appellant wishes additional verbatim records of hearings or proceedings
				  that are not in a viewable or audible format to be transcribed which heretofore
				  have not been transcribed and made part of the case file maintained by the
				  board, the board shall make arrangements for the immediate transcription of
				  same, and such transcript shall be inserted in the case file. A copy of such
				  transcript shall be furnished to the appellant upon the payment of the fees as
				  required by section 122  of the Workers' Compensation Law.
(c) The designation of portions of the file
				  made on behalf of the respondent board shall be made by its general counsel's
				  office with the advice of the Attorney General. In the event that a respondent
				  wishes additional verbatim records of hearing or proceedings that are not in a
				  viewable or audible format to be transcribed which heretofore have not been
				  transcribed and made part of the case file maintained by the board, the board
				  shall make arrangements for the immediate transcription of the same, and such
				  transcript shall be inserted in the case file. A copy of such transcript shall
				  be furnished to the respondent upon the payment of the fees as required by
				  section 122  of the Workers' Compensation Law, except that the board is not
				  required to pay such fee.
(d) Upon
				  the failure of the appellant to comply with the provisions of this section or
				  for any other unreasonable delay in prosecuting an appeal or proceedings, any
				  respondent may move to dismiss for lack of prosecution as provided in section
				  800.9(d) of the rules of the Appellate Division, Third Department (22 NYCRR
				  800.9[d]). Upon respondent's failure to comply with any provisions of this
				  section the appellant may make application to the court pursuant to the
				  provisions of such section 800.9(d) for the discretionary imposition of costs
				  and disbursements.
(e) The board,
				  upon request of any party, shall render a written decision in the event that
				  there is an unresolved dispute as to the record list or the contents of the
				  file maintained by the board.
(f)
				  Within 30 days after certification of the record list, the board shall, at the
				  prepaid expense of the respective parties other than the respondent Workers'
				  Compensation Board, make arrangement for and provide each party with copies of
				  the documents, exclusive of transcripts of hearings or proceedings recorded and
				  transcribed by a board employed verbatim reporter, requested by each respective
				  party. In the case of transcripts prepared by a board employed verbatim
				  reporter, the respective parties, except for the Workers' Compensation Board,
				  shall pay for copies of requested minutes directly to the verbatim reporter,
				  and the board, in the interest of expediency, may in its discretion provide
				  photocopies of the same. Any interested party, as authorized by section 110-a 
				  of the Workers' Compensation Law, upon prepayment of the appropriate fee, may
				  request a copy of the entire board case file to be furnished to
				  him/her.
(g) In the event an
				  additional appeal is filed from a denial of an application to reconsider or
				  reopen a case pending on appeal, said additional appeal shall be processed
				  concurrently with the prior appeal and in accordance with the procedures and
				  limitations set forth in this section. The record on appeal in such instances
				  shall consist of the record list previously certified in accordance with the
				  provisions of section 800.18(d) of the rules of the Appellate Division, Third
				  Department (22 NYCRR 800.18[d]), and, in addition thereto, the parties may
				  designate any additional documents in the board case file that they wish to
				  include in the record list relative to the second appeal being filed.
(h) The chairman shall designate the
				  secretary of the board or an attorney from the general counsel's office to
				  certify the record on appeal as true and correct.
(i) All appeals to the Appellate Division,
				  Third Department, taken under section 23  of the Workers' Compensation Law,
				  shall conform to the requirements of the Civil Practice Law and Rules and the
				  rules of the Appellate Division, Third Department, as supplemented by the
				  provisions of this section. Nothing in this section is intended to restrict,
				  limit or modify the right of an appellant from proceeding upon an appeal in the
				  manner and form prescribed in the Civil Practice Law and Rules and the rules of
				  the Appellate Division, Third Department.