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 300.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
				  Part:
(1) Affidavit means a declaration or
				  statement of facts made voluntarily and confirmed by the oath of the party
				  making it and taken before a person having authority to administer the oath
				  such as a notary public.
(2)
				  Affirmation means a declaration not verified by an oath that the statements
				  made are true under penalty of perjury and can be used by an attorney at law as
				  a substitution for an affidavit.
(3) Board means the Workers' Compensation
				  Board, except as pursuant to the Workers' Compensation Law, the decision of the
				  board in particular cases may be by a member or panel of the board or by a
				  Workers' Compensation Law judge.
(4) Chair means the Chairman, Chairwoman or
				  Chair of the Workers' Compensation Board.
(5) Claim includes any matter over which the
				  board has jurisdiction.
(6) Initial
				  expedited hearing means the first hearing scheduled after a pre-hearing
				  conference which is designed to provide an opportunity for the claimant and any
				  lay witnesses to testify.
(7)
				  Insurance carrier means the State Insurance Fund, stock corporations, mutual
				  corporations or reciprocal insurers with which employers have insured, and
				  employers permitted to pay compensation directly under the provisions of
				  Workers' Compensation Law, section 50(3), (3-a) or (4). Insurance carrier also
				  means, as applicable, an employer which has failed to obtain the required
				  workers' compensation coverage pursuant to Workers' Compensation Law, section
				  50.
(8) Legal representative means
				  an attorney-at-law or a representative licensed by the board pursuant to
				  Workers' Compensation Law, sections 24, 50(3-b) and (3-d).
(9) Prima facie medicine evidence means a
				  medical report referencing an injury, which includes traumas and illnesses,
				  except for an independent livery driver as defined in section
				  309.1(i) 
				  of this Title where it means either:
(i) a
				  medical report referencing an injury covered by the Independent Livery Driver
				  Benefit Fund as set forth in Executive Law, section
				  160-d dd; or
(ii) for injuries resulting from a crime as
				  defined in section
				  309.1(d) 
				  of this Title against an independent livery driver, a medical report
				  referencing an injury and a police report indicating that a crime against an
				  independent livery driver occurred.
(10) Workers' Compensation Law judge means
				  any person appointed as a referee, pursuant to Workers' Compensation Law,
				  section 150, to hear and decide controversies in accordance with the provisions
				  of the Workers' Compensation Law and to conduct such investigations and further
				  hearings in connection therewith as may be required by the board. Senior
				  Workers' Compensation Law judge means the senior referee; supervising Workers'
				  Compensation Law judge means the supervising referee. This subdivision shall
				  not apply to acting referees.