2006 New York Code - 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
  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 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, 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, and 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.  Failure  to  apply for such 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
  doctors' bills 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 amount of the doctors'
  bills 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 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 two
  hundred  fifty  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 herein contained shall be construed to inhibit the  continuing
  jurisdiction   of   the   board  as  provided  in  section  one  hundred
  twenty-three of this chapter.