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 308.5 - Redetermination review of a stop-work order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employers who are issued a stop-work
				  order may challenge such stop-work order on the basis that it was issued in
				  error.
(b) To challenge a stop-work
				  order issued against it, the employer must apply for a redetermination review
				  of the stop-work order by filing a redetermination application with the office
				  of the secretary of the board within 30 days after the employer receives notice
				  of the issuance of the stop-work order.
(c) A redetermination application shall be in
				  writing, shall specify the grounds for such review, and shall be accompanied by
				  a properly executed and sworn affidavit setting forth the relevant facts which
				  form the basis of the redetermination application, made by a person having
				  direct knowledge of those facts.
(d) All redetermination applications shall be
				  referred to a Workers' Compensation Law Judge or Senior Workers' Compensation
				  Law Judge designated by the chair (hereinafter designated judge) for
				  consideration.
(e) Upon receipt of
				  a redetermination application, the designated judge shall forward a copy of the
				  redetermination application to the representative of the Uninsured Employers'
				  Fund appointed by the chair pursuant to Workers' Compensation Law, section
				  26-a(5) (hereinafter UEF representative), and shall direct the UEF
				  representative to serve upon the designated judge and the employer, or its
				  legal representative, copies of all evidentiary material which served as the
				  basis for the issuance of the stop-work order, within five business days of
				  receiving the direction.
(f) The
				  designated judge shall review the redetermination application and the
				  evidentiary material submitted by the UEF representative and shall determine
				  within 10 business days whether disputed issues of fact exist which are
				  sufficient to warrant an evidentiary hearing.
(1) If the designated judge determines that
				  an evidentiary hearing is not warranted, the designated judge will notify the
				  employer, or its legal representative, and the UEF representative that the
				  record is closed and that a written decision will be issued based on the
				  evidence submitted, without an evidentiary hearing.
(2) If the designated judge determines that
				  an evidentiary hearing is warranted, a notice of hearing shall be sent to the
				  employer, or its legal representative, and the UEF representative indicating
				  the date, time and place of the hearing and demanding that the employer, or its
				  legal representative, and the UEF representative serve upon the opposing party
				  and the designated judge at least five business days before the scheduled
				  hearing:
(i) a list of witnesses the party
				  intends to produce at the hearing and whether those witnesses require an
				  interpreter;
(ii) all documentary
				  evidence the party intends to introduce at the hearing that is not contained in
				  the redetermination application or the evidentiary material submitted by the
				  UEF representative that served as the basis for issuing the stop-work order and
				  therefore already part of the record.