N.Y. Comp. Codes R. & Regs. tit. 12 § 300.18

Current through Register Vol. 46, No. 45, November 2, 2024

Section 300.18 - Record on appeal: contents and service

(a) Service of a copy of the notice of appeal shall be made upon all interested parties, and the original notice of appeal, with proof of service thereof, shall be served upon the office of the secretary of the board.

(b) In the event that the appellant wishes additional verbatim records of hearings or proceedings that are not in a viewable or audible format to be transcribed which heretofore have not been transcribed and made part of the case file maintained by the board, the board shall make arrangements for the immediate transcription of same, and such transcript shall be inserted in the case file. A copy of such transcript shall be furnished to the appellant upon the payment of the fees as required by section 122 of the Workers' Compensation Law.

(c) The designation of portions of the file made on behalf of the respondent board shall be made by its general counsel's office with the advice of the Attorney General. In the event that a respondent wishes additional verbatim records of hearing or proceedings that are not in a viewable or audible format to be transcribed which heretofore have not been transcribed and made part of the case file maintained by the board, the board shall make arrangements for the immediate transcription of the same, and such transcript shall be inserted in the case file. A copy of such transcript shall be furnished to the respondent upon the payment of the fees as required by section 122 of the Workers' Compensation Law, except that the board is not required to pay such fee.

(d) Upon the failure of the appellant to comply with the provisions of this section or for any other unreasonable delay in prosecuting an appeal or proceedings, any respondent may move to dismiss for lack of prosecution as provided in section 800.9(d) of the rules of the Appellate Division, Third Department (22 NYCRR 800.9[d]). Upon respondent's failure to comply with any provisions of this section the appellant may make application to the court pursuant to the provisions of such section 800.9(d) for the discretionary imposition of costs and disbursements.

(e) The board, upon request of any party, shall render a written decision in the event that there is an unresolved dispute as to the record list or the contents of the file maintained by the board.

(f) Within 30 days after certification of the record list, the board shall, at the prepaid expense of the respective parties other than the respondent Workers' Compensation Board, make arrangement for and provide each party with copies of the documents, exclusive of transcripts of hearings or proceedings recorded and transcribed by a board employed verbatim reporter, requested by each respective party. In the case of transcripts prepared by a board employed verbatim reporter, the respective parties, except for the Workers' Compensation Board, shall pay for copies of requested minutes directly to the verbatim reporter, and the board, in the interest of expediency, may in its discretion provide photocopies of the same. Any interested party, as authorized by section 110-a of the Workers' Compensation Law, upon prepayment of the appropriate fee, may request a copy of the entire board case file to be furnished to him/her.

(g) In the event an additional appeal is filed from a denial of an application to reconsider or reopen a case pending on appeal, said additional appeal shall be processed concurrently with the prior appeal and in accordance with the procedures and limitations set forth in this section. The record on appeal in such instances shall consist of the record list previously certified in accordance with the provisions of section 800.18(d) of the rules of the Appellate Division, Third Department (22 NYCRR 800.18[d]), and, in addition thereto, the parties may designate any additional documents in the board case file that they wish to include in the record list relative to the second appeal being filed.

(h) The chairman shall designate the secretary of the board or an attorney from the general counsel's office to certify the record on appeal as true and correct.

(i) All appeals to the Appellate Division, Third Department, taken under section 23 of the Workers' Compensation Law, shall conform to the requirements of the Civil Practice Law and Rules and the rules of the Appellate Division, Third Department, as supplemented by the provisions of this section. Nothing in this section is intended to restrict, limit or modify the right of an appellant from proceeding upon an appeal in the manner and form prescribed in the Civil Practice Law and Rules and the rules of the Appellate Division, Third Department.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.18