N.Y. Workers' Compensation Law § 23: Appeals

§ 23. Appeals. An award or decision of the board shall be final and

conclusive upon all questions within its jurisdiction, as against the

state fund or between the parties, unless reversed or modified on appeal

therefrom as hereinafter provided. Any party may within thirty days

after notice of the filing of an award or decision of a referee, file

with the board an application in writing for a modification or

rescission or review of such award or decision, as provided in this

chapter. The board shall render its decision upon such application in

writing and shall include in such decision a statement of the facts

which formed the basis of its action on the issues raised before it on

such application. Within thirty days after notice of the decision of the

board upon such application has been served upon the parties, or within

thirty days after notice of an administrative redetermination review

decision by the chair pursuant to subdivision five of section fifty-two,

section one hundred thirty-one or section one hundred forty-one-a of

this chapter has been served upon any party in interest, an appeal may

be taken therefrom to the appellate division of the supreme court, third

department, by any party in interest, including an employer insured in

the state fund; provided, however, that any party in interest may within

thirty days after notice of the filing of the board panel's decision

with the secretary of the board, make application in writing for review

thereof by the full board. If the decision or determination was that of

a panel of the board and there was a dissent from such decision or

determination other than a dissent the sole basis of which is to refer

the case to an impartial specialist, or if there was a decision or

determination by the panel which reduced the loss of wage earning

capacity finding made by a compensation claims referee pursuant to

subparagraph w of subdivision three of section fifteen of this article

from a percentage at or above the percentage set forth in subdivision

three of section thirty-five of this article whereby a claimant would be

eligible to apply for an extreme hardship redetermination to a

percentage below the threshold, the full board shall review and affirm,

modify or rescind such decision or determination in the same manner as

herein above provided for an award or decision of a referee. If the

decision or determination was that of a unanimous panel of the board, or

there was a dissent from such decision or determination the sole basis

of which is to refer the case to an impartial specialist, the board may

in its sole discretion review and affirm, modify or rescind such

decision or determination in the same manner as herein above provided

for an award or decision of a referee. Failure to apply for review by

the full board shall not bar any party in interest from taking an appeal

directly to the court as above provided. The board may also, in its

discretion certify to such appellate division of the supreme court,

questions of law involved in its decision. Such appeals and the question

so certified shall be heard in a summary manner and shall have

precedence over all other civil cases in such court. The board shall be

deemed a party to every such appeal from its decision upon such

application, and the chair shall be deemed a party to every such appeal

from an administrative redetermination review decision pursuant to

subdivision five of section fifty-two of this chapter. The attorney

general shall represent the board and the chair thereon. An appeal may

also be taken to the court of appeals in the same manner and subject to

the same limitations not inconsistent herewith as is now provided in the

civil practice law and rules. It shall not be necessary to file

exceptions to the rulings of the board. An appeal to the appellate

division of the supreme court, third department, or to the court of

appeals, shall not operate as a stay of the payment of compensation

required by the terms of the award or of the payment of the cost of such

medical, dental, surgical, optometric or other attendance, treatment,

devices, apparatus or other necessary items the employer is required to

provide pursuant to section thirteen of this article which are found to

be fair and reasonable. Where such award is modified or rescinded upon

appeal, the appellant shall be entitled to reimbursement in a sum equal

to the compensation in dispute paid to the respondent in addition to a

sum equal to the cost of such medical, dental, surgical, optometric or

other attendance, treatment, devices, apparatus or other necessary items

the employer is required to provide pursuant to section thirteen of this

article paid by the appellant pending adjudication of the appeal. Such

reimbursement shall be paid from administration expenses as provided in

section one hundred fifty-one of this chapter upon audit and warrant of

the comptroller upon vouchers approved by the chair. Where such award is

subject to the provisions of section twenty-seven of this article, the

appellant shall pay directly to the claimant all compensation as it

becomes due during the pendency of the appeal, and upon affirmance shall

be entitled to credit for such payments. Neither the chair, the board,

the commissioners of the state insurance fund nor the claimant shall be

required to file a bond upon an appeal to the court of appeals. Upon

final determination of such an appeal, the board or chair, as the case

may be, shall enter an order in accordance therewith. Whenever a notice

of appeal is served or an application made to the board by the employer

or insurance carrier for a modification or rescission or review of an

award or decision, and the board shall find that such notice of appeal

was served or such application was made for the purpose of delay or upon

frivolous grounds, the board shall impose a penalty in the amount of

five hundred dollars upon the employer or insurance carrier, which

penalty shall be added to the compensation and paid to the claimant. The

penalties provided herein shall be collected in like manner as

compensation. A party against whom an award of compensation shall be

made may appeal from a part of such award. In such a case the payment of

such part of the award as is not appealed from shall not prejudice any

rights of such party on appeal, nor be taken as an admission against

such party. Any appeal by an employer from an administrative

redetermination review decision pursuant to subdivision five of section

fifty-two of this chapter shall in no way serve to relieve the employer

from the obligation to timely pay compensation and benefits otherwise

payable in accordance with the provisions of this chapter.

Nothing contained in this section shall be construed to inhibit the

continuing jurisdiction of the board as provided in section one hundred

twenty-three of this chapter.