N.Y. Comp. Codes R. & Regs. tit. 12 § 300.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 300.1 - Definitions

(a) As used in this Part:

(1) Affidavit means a declaration or statement of facts made voluntarily and confirmed by the oath of the party making it and taken before a person having authority to administer the oath such as a notary public.

(2) Affirmation means a declaration not verified by an oath that the statements made are true under penalty of perjury and can be used by an attorney at law as a substitution for an affidavit.

(3) Board means the Workers' Compensation Board, except as pursuant to the Workers' Compensation Law, the decision of the board in particular cases may be by a member or panel of the board or by a Workers' Compensation Law judge.

(4) Chair means the Chairman, Chairwoman or Chair of the Workers' Compensation Board.

(5) Claim includes any matter over which the board has jurisdiction.

(6) Initial expedited hearing means the first hearing scheduled after a pre-hearing conference which is designed to provide an opportunity for the claimant and any lay witnesses to testify.

(7) Insurance carrier means the State Insurance Fund, stock corporations, mutual corporations or reciprocal insurers with which employers have insured, and employers permitted to pay compensation directly under the provisions of Workers' Compensation Law, section 50(3), (3-a) or (4). Insurance carrier also means, as applicable, an employer which has failed to obtain the required workers' compensation coverage pursuant to Workers' Compensation Law, section 50.

(8) Legal representative means an attorney-at-law or a representative licensed by the board pursuant to Workers' Compensation Law, sections 24, 50(3-b) and (3-d).

(9) Prima facie medicine evidence means a medical report referencing an injury, which includes traumas and illnesses, except for an independent livery driver as defined in section 309.1(i) of this Title where it means either:

(i) a medical report referencing an injury covered by the Independent Livery Driver Benefit Fund as set forth in Executive Law, section 160-d dd; or

(ii) for injuries resulting from a crime as defined in section 309.1(d) of this Title against an independent livery driver, a medical report referencing an injury and a police report indicating that a crime against an independent livery driver occurred.

(10) Workers' Compensation Law judge means any person appointed as a referee, pursuant to Workers' Compensation Law, section 150, to hear and decide controversies in accordance with the provisions of the Workers' Compensation Law and to conduct such investigations and further hearings in connection therewith as may be required by the board. Senior Workers' Compensation Law judge means the senior referee; supervising Workers' Compensation Law judge means the supervising referee. This subdivision shall not apply to acting referees.

(b) As used in section 10 of the Workers' Compensation Law and in this Part, controlled substance means any substance or substances listed in section 3306 of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.1