N.Y. Comp. Codes R. & Regs. tit. 12 § 303.9

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

Section 303.9 - Panel review of arbitrator decision

(a) Subject to the rights of the Workers' Compensation Board, as an employer, to appeal an award or decision of an arbitrator, no modification, rescission or review of an arbitrator's award or decision may be entertained by the Workers' Compensation Board in its capacity as an adjudicatory authority, notwithstanding any provision of the Workers' Compensation Law to the contrary.

(b) Within 30 days after notice of the filing of an award or decision by an arbitrator, any party in interest may, by notice filed with the chair, request review of such decision by a panel of three arbitrators (the appeal panel). The award or decision shall be subject to review by such appeal panel in the same manner and to the same extent as a decision of a Workers' Compensation Law judge may be reviewed by the board pursuant to section 23 of the Workers' Compensation Law.

(c) In addition to reviewing the decisions of arbitrators, an appeal panel shall resolve any issue in relation to the claims of designated officers or employees that would normally be resolved, in relation to the claims of non-designated officers or employees, by a three-member Board panel, including applications for the re-opening of cases.

(d) The appeal panel shall consist of:

(1) one arbitrator nominated by the chair;

(2) one arbitrator nominated by a recognized alternative dispute resolution organization designated by the chair; and

(3) one arbitrator nominated by an employee organization certified pursuant to article 14 of the Civil Service Law to represent the collective bargaining unit of the injured employee, or if the injured officer or employee is not represented by a collective bargaining unit, by a recognized alternative dispute resolution organization. For purposes of organizing the work of the appeal panel, the arbitrator nominated pursuant to paragraph (2) of this subdivision shall serve as panel chair.

(e) The powers and jurisdiction of the appeal panel established pursuant to subdivision (b) of this section shall be continuing in the same manner and to the same extent as provided to the Workers' Compensation Board under the Workers' Compensation Law.

(f) Within 30 days of the convening of an appeal panel, or 30 days from the closing of the record in cases where there has been oral argument, the appeal panel shall issue a written decision or award through the panel chair, and notify all parties and the Workers' Compensation Board thereof.

(g) A party in interest may seek review of such award or decision of an appeal panel only by taking appeal thereof to the Appellate Division of the Supreme Court, Third Department, and the Court of Appeals as provided for decisions of the Workers' Compensation Board pursuant to section 23 of the Workers' Compensation Law.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 303.9