§ 142 — General powers and duties of the workmen's compensation board

New York § 142

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 8: Administration

Text

§ 142. General powers and duties of the workmen's compensation board.\n1. The workmen's compensation board shall have power to hear and\ndetermine all claims for compensation or benefits or relating to special\nfunds created under the provisions of this chapter, in the manner\nprovided by this chapter; to require medical service for injured\nemployees as provided by this chapter; to approve and fix attorney's\nfees and claims for medical service to the extent provided in this\nchapter; to excuse failure to give notice either of injury or death of\nan employee, to approve agreements, to modify or rescind awards, to make\nconclusions of fact and rulings of law, to certify questions to the\nappellate division of the supreme court, to enter orders in appealed\ncases, to determine the time for the payment of compensation, to order\nthe reimbursement of employers for amounts advanced, to assess\npenalties, to commute awards, to compromise actions for the collection\nof awards, to require or permit employers to deposit the present value\nof awards in the aggregate trust fund of the state fund, to determine by\nrule the assignment of a minor's right to sue a third party, to require\nguardianship for minor dependents, to hear and determine claims under\nthe occupational disease act, to order physical examinations, to take\ntestimony by depositions; and to have and exercise all other powers and\nduties, exclusive of purely administrative functions, originally\nconferred or imposed upon the workmen's compensation commission by this\nchapter, or by any other statute, and by chapter six hundred and\nseventy-four of the laws of nineteen hundred fifteen conferred and\nimposed upon the industrial commission, and by chapter fifty of the laws\nof nineteen hundred twenty-one conferred and imposed upon the industrial\nboard. For the purpose of exercising such powers and performing such\nduties, the workmen's compensation board shall be deemed to be a\ncontinuation of the industrial board provided for by the provisions of\nthe labor law; and all proceedings under this chapter pending before\nsuch board are hereby transferred to the workmen's compensation board\nwithout prejudice to the rights of any party to such proceeding.\n The workmen's compensation board, subject to the provisions of this\nchapter and of the provisions of the labor law as to the distribution of\nfunctions, shall succeed to all the rights, powers, duties and\nobligations of the department of labor, the industrial commissioner and\nthe industrial board, in so far as they relate to workmen's\ncompensation, as heretofore constituted, except such as are vested in\nthe chairman of the board by this article and except with respect to\narticle six of this chapter.\n Whenever the term "industrial board" or the "chairman" or\n"vice-chairman" thereof appears in this chapter or in the provisions of\nthe labor law after the time this article takes effect, it shall be\nconstrued to mean the workmen's compensation board or the chairman\nthereof, as created by the provisions of this chapter, as may be\nrequired by the context unless the contrary shall be indicated.\n 2. Any review, hearing, rehearing, inquiry or investigation required\nor authorized to be conducted or made by the workers' compensation board\nmay be conducted or made by any panel of the board consisting of not\nless than three members thereof, and the order, decision or\ndetermination of a majority of the members of a panel shall be deemed\nthe order, decision or determination of the board from the date of\nfiling thereof with the secretary of the board, unless the board on its\nown motion, or on application by a party in interest for a full board\nreview made in accordance with section twenty-three of this chapter,\nshall modify or rescind such order, decision or determination. Four\npanels shall be constituted at all times, and the chair shall assign the\nmembers to the panels upon which they shall serve. At least one member\non each panel shall be an attorney and counsellor-at-law, but the\nabsence of an attorney on any panel shall not invalidate the order,\ndecision or determination of a majority of the members of the panel if\nat least two affirmative votes are cast in favor of such action. The\npanels shall be constituted so that the members of the board shall\nalternate in their periods of service together thereon. Whenever a\nnumber of proceedings remains pending before the board for a period in\nexcess of thirty days, members of the board shall hold hearings and\notherwise act in the discharge of their duties evenings and at other\nconvenient times on all days of the week except Sundays, in addition to\nthe times when they would perform such duties in the ordinary conduct of\nthe business of the board, in order to expedite the disposal thereof.\nThe chair may and shall, when directed by the governor, prescribe the\nhours and the times for such additional performance of duty by the\nmembers of the board and the period or periods for the continuance\nthereof.\n Notwithstanding any provision in this section to the contrary, a\nmember of the board may be designated by the chair to act individually\nin the hearing and determination of any claim under this chapter, or\nconduct any investigation, hearing or inquiry hereunder, or review and\nrescind any order, decision or determination upon any claim and restore\nsuch claim for further trial hearing and evidence or consideration\nexcept that such member may not conduct any appellate rehearing of any\ncase or otherwise review any order, decision or determination upon any\nclaim and reverse, modify or affirm such order, decision or\ndetermination which by the provisions of this section shall be reheard\nor reviewed by the board or a panel thereof.\n 3. The members of the workmen's compensation board, a referee or any\nother officer or employee of the board if duly authorized by the\nchairman, may administer oaths and take affidavits in matters relating\nto the provisions of this chapter.\n The members of the workmen's compensation board, the referees and any\nother officer of the board designated by the chairman, shall have power:\n a. To issue subpoenas for and compel the attendance of witnesses and\nthe production of books, contracts, papers, documents and other\nevidence;\n b. To hear testimony and take or cause to be taken depositions of\nwitnesses residing within or without this state in the manner prescribed\nby law for like depositions in civil actions in the supreme court.\nSubpoenas and commissions to take testimony shall be issued under the\nseal of the board.\n 4. Notwithstanding the provisions of any other law, neither the\nindustrial commissioner nor any board or other agency of the department\nof labor shall in any way direct, review, modify or reverse any decision\nor finding of the board nor shall the industrial commissioner or any\nboard or other agency of the department of labor supervise or control\nthe board or its members in the exercise of any powers or in the\nperformance of any duties under this chapter.\n 5. The workers' compensation board shall keep an accurate record of\nall hearings held. Where the decision of a referee is affirmed by the\nboard upon review, the board shall assess against each insurance carrier\nor employer seeking such review the sum of one hundred fifty dollars and\nmay assess against any other party the sum of twenty dollars. The amount\nso secured from these assessments shall be paid into the state treasury.\n 6. The workers' compensation board shall not release any information\nacquired pursuant to section five hundred thirty-seven of the labor law\nand section one hundred seventy-one-a of the tax law unless the release\nof such information is required to further fraud control activities\nundertaken by the workers' compensation board pursuant to this chapter,\nin which case release of such information shall be subject to the\nrestrictions contained in section five hundred thirty-seven of the labor\nlaw and section one hundred seventy-one-a of the tax law.\n 7. Where there has been a motor vehicle accident which caused personal\ninjury and there is a dispute as to whether the injury occurred in the\ncourse of employment, the workers' compensation board shall, after\nnotice to the no-fault carrier and the workers' compensation carrier,\nhold an expedited hearing on the issue of whether the accident occurred\nduring the course of employment.\n