N.Y. Workers' Compensation Law § 141: General powers and duties of the chair

* § 141. General powers and duties of the chair. The chair shall be

the administrative head of the workers' compensation board and shall

exercise the powers and perform the duties in relation to the

administration of this chapter heretofore vested in the commissioner of

labor by chapter fifty of the laws of nineteen hundred twenty-one, and

acts amendatory thereof, and by this chapter excepting article six

thereof, and except in so far as such powers and duties are vested by

this chapter in the workers' compensation board. The chair shall preside

at all meetings of the board and shall appoint all committees and panels

of the board; shall designate the times and places for the hearing of

claims under this chapter and shall perform all administrative functions

of the board as in this chapter set forth. The chair, in the name of the

board, shall enforce all the provisions of this chapter, and may make

administrative regulations and orders providing for the receipt,

indexing and examining of all notices, claims and reports, for the

giving of notice of hearings and of decisions, for certifying of

records, for the fixing of the times and places for the hearing of

claims, and for providing for the conduct of hearings and establishing

of calendar practice to the extent not inconsistent with the rules of

the board. The chair shall issue and may revoke certificates of

authorization of physicians, chiropractors and podiatrists as provided

in sections thirteen-a, thirteen-k and thirteen-1 of this chapter, and

licenses for medical bureaus and x-ray and other laboratories under the

provisions of section thirteen-c of this chapter, issue stop work orders

as provided in section one hundred forty-one-a of this article, and

shall have and exercise all powers not otherwise provided for herein in

relation to the administration of this chapter heretofore expressly

conferred upon the commissioner of labor by any of the provisions of

this chapter, or of the labor law. The chair, on behalf of the workers'

compensation board, shall enter into the agreement provided for in

section one hundred seventy-one-h of the tax law, and shall take such

other actions as may be necessary to carry out the agreement provided

for in such section for matching beneficiary records of workers'

compensation with information provided by employers to the state

directory of new hires for the purposes of verifying eligibility for

such benefits and for administering workers' compensation.

* NB Effective until January 1, 2028

* § 141. General powers and duties of the chair. The chair shall be

the administrative head of the workers' compensation board and shall

exercise the powers and perform the duties in relation to the

administration of this chapter heretofore vested in the commissioner of

labor by chapter fifty of the laws of nineteen hundred twenty-one, and

acts amendatory thereof, and by this chapter excepting article six

thereof, and except in so far as such powers and duties are vested by

this chapter in the workers' compensation board. The chair shall preside

at all meetings of the board and shall appoint all committees and panels

of the board; shall designate the times and places for the hearing of

claims under this chapter and shall perform all administrative functions

of the board as in this chapter set forth. The chair, in the name of the

board, shall enforce all the provisions of this chapter, and may make

administrative regulations and orders providing for the receipt,

indexing and examining of all notices, claims and reports, for the

giving of notice of hearings and of decisions, for certifying of

records, for the fixing of the times and places for the hearing of

claims, and for providing for the conduct of hearings and establishing

of calendar practice to the extent not inconsistent with the rules of

the board. The chair shall issue and may revoke certificates of

authorization of physicians, chiropractors, podiatrists, and

psychologists to perform independent medical examinations in accordance

with paragraph (b) of subdivision four of section thirteen-a and section

one hundred thirty-seven of this chapter, and licenses for medical

bureaus and x-ray and other laboratories under the provisions of section

thirteen-c of this chapter, shall publish and maintain an exclusion

list, in accordance with section thirteen-d of this chapter, for

providers as defined in section thirteen-b of this chapter currently

disqualified from providing medical care or from performing independent

medical examinations in accordance with paragraph (b) of subdivision

four of section thirteen-a and section one hundred thirty-seven of this

chapter, shall develop and require trainings for providers as defined in

section thirteen-b of this chapter, which shall include, but not be

limited to, the role of medical evidence in the board's determination of

claims, the contents of medical reports, the process for seeking

authorization for special services, diagnostic test networks, and

permanency guidelines, issue stop work orders as provided in section one

hundred forty-one-a of this article, and shall have and exercise all

powers not otherwise provided for herein in relation to the

administration of this chapter heretofore expressly conferred upon the

commissioner of labor by any of the provisions of this chapter, or of

the labor law. The chair, on behalf of the workers' compensation board,

shall enter into the agreement provided for in section one hundred

seventy-one-h of the tax law, and shall take such other actions as may

be necessary to carry out the agreement provided for in such section for

matching beneficiary records of workers' compensation with information

provided by employers to the state directory of new hires for the

purposes of verifying eligibility for such benefits and for

administering workers' compensation. The chair shall promulgate

regulations to (1) require that the employer or its carrier or special

fund shall pay the costs associated with any deposition of a claimant's

provider, and (2) allow workers' compensation law judges to deny

cross-examination of a provider where appropriate. The chair may

promulgate further regulations designed to prevent the consequences of a

treating provider's failure to comply with statutory or regulatory

provisions, including failure to appear for a deposition, from unduly

harming the injured worker's receipt of compensation or medical

treatment.

* NB Effective January 1, 2028