§ 24-A — Representation before the workers' compensation board

New York § 24-A

• Jurisdiction: New York
• Law WKC: Workers' Compensation
• Art. 2: Compensation

Text

§ 24-a. Representation before the workers' compensation board. 1. No\nperson, firm or corporation, other than an attorney and\ncounsellor-at-law, shall appear on behalf of any claimant or person\nentitled to the benefits of this chapter, before the board or any\nofficer, agent or employee of the board assigned to conduct any hearing,\ninvestigation or inquiry relative to a claim for compensation or\nbenefits under this chapter, unless he or she shall be a citizen of the\nUnited States or a noncitizen lawfully admitted for permanent residence\nin the United States, and shall have obtained from the board a license\nauthorizing him or her to appear in matters or proceedings before the\nboard. Such license shall be issued by the board in accordance with the\nrules established by it. Any person, firm or corporation violating the\naforesaid provisions shall be guilty of a misdemeanor. The board, in its\nrules, shall provide for the issuance of licenses to representatives of\ncharitable and welfare organizations, and to associations who employ a\nrepresentative to appear for members of such association, upon\ncertification of the proper officer of such association or organization,\nwhich licenses shall issue without charge; and may provide for a license\nwithout fee in the case of all other persons, firms or corporations in\nan amount to be fixed by said rules. The board shall have such tests of\ncharacter and fitness with respect to applicants for licenses, and such\nrules governing the conduct of those licensed, as aforesaid, as it may\ndeem necessary.\n 2. There shall be maintained in each office of the board a registry or\nlist of persons to whom licenses have been issued as provided herein,\nwhich list shall be corrected as often as licenses are issued or\nrevoked. Absence of a record of a license issued as herein provided\nshall be prima facie evidence that a person, firm or corporation is not\nlicensed to represent claimants. Any such license may be revoked by the\nboard, for cause, after a hearing before the board. No license hereunder\nshall be issued for a period longer than three years from the date of\nits issuance.\n 3. Refusal by any person to whom a license has been issued authorizing\nhim to appear on behalf of any claimant to answer, upon request of the\nboard, or other duly authorized officer, board or committee of the\nstate, any legal question or to produce any relevant book or paper\nconcerning his conduct under such license, shall constitute adequate\ncause for revocation thereof.\n 4. Only an attorney, or a representative licensed in accordance with\nrules established by the board pursuant to subdivisions three-b and\nthree-d of section fifty of this chapter, shall appear on behalf of an\nemployer or an insurance carrier regarding a claim for compensation or\nany benefits under this chapter before the board or any officer, agent\nor employee of the board assigned to conduct any hearing relative to a\nclaim for compensation or benefits under this chapter. The provisions of\nthis subdivision shall not apply to a designated regular employee of a\nself-insured employer, or of an insurance carrier appearing on behalf of\nhis or her employer, but the board may prohibit the appearance of any\nsuch employee for cause.\n