New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter A - General Provisions
Part 303 - Resolution Of Workers' Compensation Claims Of Officers And Employees Of The Workers' Compensation Board And The State Insurance Fund
Section 303.6 - Appointment of arbitrator; powers and duties

Current through Register Vol. 46, No. 12, March 20, 2024

(a) All issues of law or fact pertaining to claims filed by a designated/officer or employee shall be resolved by an arbitrator, appointed by the chair, who shall not be an officer or employee of the board or the State Insurance Fund. Such issues shall include disputed bills of health care providers for treatment of the designated officer or employee that would otherwise be determined by a Workers' Compensation Law judge and the liability of the Special Disability Fund pursuant to sections 15(8) and 25-a of the Workers' Compensation Law. Such arbitrators shall have the same powers and duties as those accorded Workers' Compensation Law judges under the Workers' Compensation Law, including powers delegated by the chair.

(b) Within 14 days after receiving notification of a case subject to arbitration hereunder, the chair shall appoint an arbitrator to hear the matter and resolve the issues presented. The interested parties shall be given prompt notice of such appointment.

(c) To the extent practical, once an arbitrator has been named to resolve an issue or question of law or fact regarding the claim of a designated officer or employee, such arbitrator shall resolve any future issues or questions arising in connection therewith.

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