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 380-9.9 - Review of arbitration requests; medical examinations
Current through Register Vol. 45, No. 52, December 27, 2023
(a) The arbitrator shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. Upon compliance with section 380-9.7 of this Subpart, the arbitrator may make such investigation, inquiry, or conduct a hearing, in such manner as he or she deems proper and necessary, and shall have the power to issue subpoenas, in accordance with section 7505 of the Civil Practice Law and Rules.
(b) Medical examinations of the care recipient shall only be required when so directed by the arbitrator. In the event that the arbitrator directs the submission of a medical examination, it must be a records review unless the arbitrator can cite extraordinary circumstances warranting the submission of an independent medical examination based on a physical examination.
Adopted New York State Register July 19, 2017/Volume XXXIX, Issue 29, eff. 7/19/2017
