New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 312 - CONCILIATION PROCESSING › Section 312.5 - Conciliation decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				  claimant is represented by an attorney or licensed representative, the proposed
				  conciliation decision will become final if no request for a meeting or no
				  objection is received by the board within 30 days of the board's mailing of the
				  proposed conciliation decision to all parties, or when signed in the presence
				  of the conciliator, and shall constitute an award of the board for all
				  purposes, except as provided in subdivisions (g), (i) and (j) of this
				  section.
(b) If the claimant is not
				  represented by an attorney or licensed representative, the proposed
				  conciliation decision will not become final if a request for a meeting or an
				  objection to the decision is received by the board within 30 days of the
				  board's mailing of the proposed conciliation decision to all parties. In
				  addition, it will not become final until it is reviewed and approved by a
				  Workers' Compensation Law Judge designated by the chair. The Workers'
				  Compensation Law Judge shall conduct such review and render his or her approval
				  or disapproval within 15 days of receipt of the proposed conciliation decision
				  from the conciliation bureau.
(c) A
				  notice of approval or disapproval shall be sent to all parties in interest
				  following the Workers' Compensation Law Judge review detailed in subdivision
				  (b) of this section.
(d) If the
				  Workers' Compensation Law Judge approves the proposed conciliation decision, an
				  unrepresented claimant shall have 10 days from receipt of the notice required
				  in subdivision (c) of this section to withdraw from the proposed conciliation
				  decision.
(e) An employer or
				  carrier also has a right to object to the proposed conciliation decision. Such
				  objection must be received by the board within 30 days of mailing of the
				  proposed decision pursuant to subdivision (b) of this section.
(f) Where the parties do not agree, or, if
				  the claimant is unrepresented, where a Workers' Compensation Law Judge
				  disapproves or where the claimant withdraws from the proposed conciliation
				  decision, the case shall be referred for hearing calendar processing, which may
				  include a pre-hearing conference.
(g) Final conciliation decisions are not
				  reviewable under sections 22 and 23  of the Workers' Compensation Law. The
				  continuing jurisdiction of the board under section 123  of the Workers'
				  Compensation Law applies to conciliation cases.
(h) The carrier is to submit the report of
				  payments as required by section
				  300.22 
				  of this Title showing payments have been made.
(i) Where the carrier has failed to make
				  timely payments (within 10 days) of any award as required in the conciliation
				  decision, a fine of $500 shall be imposed by the chair, or an employee of the
				  board designated by the chair, in accordance with paragraph (h) of subdivision
				  2-b of section 25  of the Workers' Compensation Law. Such fine shall not be
				  reviewable under sections 22 and 23  of the Workers' Compensation Law, but shall
				  be reviewable by an employee of the board designated by the chair to review
				  such fine in accordance with procedures established by the chair. The time for
				  payment of an award to an unrepresented claimant runs from the expiration of
				  the claimant's time to withdraw from the proposed conciliation decision,
				  pursuant to subdivision (d) of this section.
(j) The penalties and assessments contained
				  in paragraph (f) of subdivision 3 of section 25  of the Workers' Compensation
				  Law, for late payment of awards, shall not be applicable to conciliation
				  cases.