2010 New York Code
WKC - Workers' Compensation
Article 8 - (140 - 157) Administration
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,  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.