New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter H - Disability Benefits
Article 2 - Rules Under Disability Benefits Law
Part 380 - Paid Family Leave
Subpart 380-9 - Disputes
Section 380-9.10 - Decisions of the arbitrator; awards; interest

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 380-9.10

Current through Register Vol. 45, No. 52, December 27, 2023

(a) The arbitrator shall make a decision in writing no later than 14 days after submission of all evidence in the matter. The decision shall specify the basis of the decision on the form prescribed by the dispute resolution forum for such purpose. The decision may include any stipulation made by the parties. The decision shall be delivered to each party in the manner prescribed by the chair.

(b) Awards in favor of a represented employee will specify the portion of the award to be paid to the employee's attorney as a fee commensurate with the services rendered.

(1) To apply for a fee, an employee's attorney must complete the portion of the request for arbitration relating to attorneys' fees and attach a detailed description of services rendered and time spent. If an oral hearing is held, the attorney may apply for an additional fee.

(2) If the employee indicates in the request for arbitration that he or she objects to the fee, the employee may submit a written statement to the dispute resolution forum within 14 days.

(3) The arbitrator will determine the amount of an employee's attorney's fee having due regard for the time spent, complexity of the case, the financial status of the employee, and the quality of the legal services rendered.

(c) Awards shall be paid to the prevailing party no later than 10 days after filing of the decision. Any awards remaining unpaid after said 10-day period shall draw simple interest from 10 days after the making of the award at the rate provided in section 5004 of the Civil Practice Law and Rules.

Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017

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