N.Y. Comp. Codes R. & Regs. tit. 12 § 312.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 312.3 - Conciliation processing

(a) The conciliator shall completely review each case folder and, where necessary, contact the various parties for additional information, documents, reports and fee requests, if any.

(b) Based on the evidence in file and on information obtained from the parties, if any, the conciliator shall, whenever possible, prepare a proposed conciliation decision. Where disputes on any issues exist, the conciliator shall attempt to reconcile them through a meeting with the parties. The presumptions contained in section 21 of the Workers' Compensation Law shall be applied whenever appropriate. The proposed conciliation decision shall be served upon all parties. Within 30 days thereafter, any party in interest may submit to the board its written comments regarding the proposed conciliation decision or request a meeting of all the parties, and shall simultaneously serve copies of such comments or requests on all other parties in interest. A meeting, if requested, shall be scheduled in accordance with section 312.4 of this Part.

(c) The proposed conciliation decision shall contain an appropriate fee for the claimant's attorney or licensed representative, if any.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 312.3