2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 9 - (200 - 242) DISABILITY BENEFITS
221 - Determination of contested claims for disability benefits.
§ 221. Determination of contested claims for disability benefits. Within twenty-six weeks of written notice of rejection of claim, the employee may file with the chairman a notice that his or her claim for disability benefits has not been paid, and the employee shall submit proof of disability and of his or her employment, wages and other facts reasonably necessary for determination of the employee's right to such benefits. Failure to file such notice within the time provided, may be excused by the chairman if it can be shown to the satisfaction of the chairman not to have been reasonably possible to furnish such notice and that such notice was furnished as soon as possible. On demand of the chairman the employer or carrier shall forthwith deliver to the chairman the original or a true copy of the attending physician's or attending podiatrist's or accredited practitioner's statement, wage and employment data and all other papers in the possession of the employer or carrier with respect to such claim. The board shall have full power and authority to determine all issues in relation to every such claim for disability benefits required or provided under this article, and shall file its decision in the office of the chairman. Upon such filing, the chairman shall send to the parties a copy of the decision. Either party may present evidence and be represented by counsel at any hearing on such claim. The decision of the board shall be final as to all questions of fact and, except as provided in section twenty-three of this chapter, as to all questions of law. Every decision of the board shall be complied with in accordance with its terms within ten days thereafter except in case of appeal, and any payments due under such decision shall draw simple interest from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules.
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