N.Y. Workers' Compensation Law § 142: General powers and duties of the workmen's compensation board

§ 142. General powers and duties of the workmen's compensation board.

1. The workmen's compensation board shall have power to hear and

determine all claims for compensation or benefits or relating to special

funds created under the provisions of this chapter, in the manner

provided by this chapter; to require medical service for injured

employees as provided by this chapter; to approve and fix attorney's

fees and claims for medical service to the extent provided in this

chapter; to excuse failure to give notice either of injury or death of

an employee, to approve agreements, to modify or rescind awards, to make

conclusions of fact and rulings of law, to certify questions to the

appellate division of the supreme court, to enter orders in appealed

cases, to determine the time for the payment of compensation, to order

the reimbursement of employers for amounts advanced, to assess

penalties, to commute awards, to compromise actions for the collection

of awards, to require or permit employers to deposit the present value

of awards in the aggregate trust fund of the state fund, to determine by

rule the assignment of a minor's right to sue a third party, to require

guardianship for minor dependents, to hear and determine claims under

the occupational disease act, to order physical examinations, to take

testimony by depositions; and to have and exercise all other powers and

duties, exclusive of purely administrative functions, originally

conferred or imposed upon the workmen's compensation commission by this

chapter, or by any other statute, and by chapter six hundred and

seventy-four of the laws of nineteen hundred fifteen conferred and

imposed upon the industrial commission, and by chapter fifty of the laws

of nineteen hundred twenty-one conferred and imposed upon the industrial

board. For the purpose of exercising such powers and performing such

duties, the workmen's compensation board shall be deemed to be a

continuation of the industrial board provided for by the provisions of

the labor law; and all proceedings under this chapter pending before

such board are hereby transferred to the workmen's compensation board

without prejudice to the rights of any party to such proceeding.

The workmen's compensation board, subject to the provisions of this

chapter and of the provisions of the labor law as to the distribution of

functions, shall succeed to all the rights, powers, duties and

obligations of the department of labor, the industrial commissioner and

the industrial board, in so far as they relate to workmen's

compensation, as heretofore constituted, except such as are vested in

the chairman of the board by this article and except with respect to

article six of this chapter.

Whenever the term "industrial board" or the "chairman" or

"vice-chairman" thereof appears in this chapter or in the provisions of

the labor law after the time this article takes effect, it shall be

construed to mean the workmen's compensation board or the chairman

thereof, as created by the provisions of this chapter, as may be

required by the context unless the contrary shall be indicated.

2. Any review, hearing, rehearing, inquiry or investigation required

or authorized to be conducted or made by the workers' compensation board

may be conducted or made by any panel of the board consisting of not

less than three members thereof, and the order, decision or

determination of a majority of the members of a panel shall be deemed

the order, decision or determination of the board from the date of

filing thereof with the secretary of the board, unless the board on its

own motion, or on application by a party in interest for a full board

review made in accordance with section twenty-three of this chapter,

shall modify or rescind such order, decision or determination. Four

panels shall be constituted at all times, and the chair shall assign the

members to the panels upon which they shall serve. At least one member

on each panel shall be an attorney and counsellor-at-law, but the

absence of an attorney on any panel shall not invalidate the order,

decision or determination of a majority of the members of the panel if

at least two affirmative votes are cast in favor of such action. The

panels shall be constituted so that the members of the board shall

alternate in their periods of service together thereon. Whenever a

number of proceedings remains pending before the board for a period in

excess of thirty days, members of the board shall hold hearings and

otherwise act in the discharge of their duties evenings and at other

convenient times on all days of the week except Sundays, in addition to

the times when they would perform such duties in the ordinary conduct of

the business of the board, in order to expedite the disposal thereof.

The chair may and shall, when directed by the governor, prescribe the

hours and the times for such additional performance of duty by the

members of the board and the period or periods for the continuance

thereof.

Notwithstanding any provision in this section to the contrary, a

member of the board may be designated by the chair to act individually

in the hearing and determination of any claim under this chapter, or

conduct any investigation, hearing or inquiry hereunder, or review and

rescind any order, decision or determination upon any claim and restore

such claim for further trial hearing and evidence or consideration

except that such member may not conduct any appellate rehearing of any

case or otherwise review any order, decision or determination upon any

claim and reverse, modify or affirm such order, decision or

determination which by the provisions of this section shall be reheard

or reviewed by the board or a panel thereof.

3. The members of the workmen's compensation board, a referee or any

other officer or employee of the board if duly authorized by the

chairman, may administer oaths and take affidavits in matters relating

to the provisions of this chapter.

The members of the workmen's compensation board, the referees and any

other officer of the board designated by the chairman, shall have power:

a. To issue subpoenas for and compel the attendance of witnesses and

the production of books, contracts, papers, documents and other

evidence;

b. To hear testimony and take or cause to be taken depositions of

witnesses residing within or without this state in the manner prescribed

by law for like depositions in civil actions in the supreme court.

Subpoenas and commissions to take testimony shall be issued under the

seal of the board.

4. Notwithstanding the provisions of any other law, neither the

industrial commissioner nor any board or other agency of the department

of labor shall in any way direct, review, modify or reverse any decision

or finding of the board nor shall the industrial commissioner or any

board or other agency of the department of labor supervise or control

the board or its members in the exercise of any powers or in the

performance of any duties under this chapter.

5. The workers' compensation board shall keep an accurate record of

all hearings held. Where the decision of a referee is affirmed by the

board upon review, the board shall assess against each insurance carrier

or employer seeking such review the sum of one hundred fifty dollars and

may assess against any other party the sum of twenty dollars. The amount

so secured from these assessments shall be paid into the state treasury.

6. The workers' compensation board shall not release any information

acquired pursuant to section five hundred thirty-seven of the labor law

and section one hundred seventy-one-a of the tax law unless the release

of such information is required to further fraud control activities

undertaken by the workers' compensation board pursuant to this chapter,

in which case release of such information shall be subject to the

restrictions contained in section five hundred thirty-seven of the labor

law and section one hundred seventy-one-a of the tax law.

7. Where there has been a motor vehicle accident which caused personal

injury and there is a dispute as to whether the injury occurred in the

course of employment, the workers' compensation board shall, after

notice to the no-fault carrier and the workers' compensation carrier,

hold an expedited hearing on the issue of whether the accident occurred

during the course of employment.