2019 New York Laws
WKC - Workers' Compensation
Article 2 - Compensation
13-AA - Medical Appeals Unit.

§  13-aa.  Medical  appeals unit. 1. There is hereby created a medical
appeals  unit.  Such  medical  appeals  unit  shall  consist  of   three
physicians licensed to practice in this state and known to represent the
schools of medical practice eligible to practice under this chapter. The
members of the medical appeals units shall be appointed by the governor:
provided  that the members of the medical appeals unit of the industrial
council heretofore appointed and in office  at  the  time  this  section
takes  effect  shall  be  and they are hereby constituted members of the
medical appeals unit hereby created, and they shall continue  in  office
as  such until July first, nineteen hundred fifty-four. The members next
appointed shall be appointed as follows: one for term expiring  December
thirty-first,   nineteen  hundred  fifty-five;  one  for  term  expiring
December thirty-first, nineteen hundred  fifty-six;  and  one  for  term
expiring   December  thirty-first,  nineteen  hundred  fifty-seven.  The
members thereafter appointed, except to fill a vacancy created otherwise
than by expiration of term, shall be appointed for terms of three  years
each.  The  governor  may  remove any member of the medical appeals unit
when such member ceases to be licensed to practice. The  chairman  shall
designate  an  employee  of the board to act as secretary of the medical
appeals unit.
  2.  Members  of  the  medical  appeals  unit  shall  be  entitled   to
compensation  at  a rate not exceeding one hundred fifty dollars per day
for each day actually spent in the performance  of  their  duties  under
this  chapter,  but no member shall be entitled to compensation for such
duties in excess of seven thousand five hundred dollars during any year.
They shall also be paid their reasonable  and  necessary  traveling  and
other expenses while engaged in the performance of their duties.
  3.  The  medical appeals unit shall (a) consider all matters connected
with  the  practice  of  medicine  submitted  to  it  by  the  workmen's
compensation board or the chairman thereof;
  (b)  prescribe  rules  and  regulations  to  govern  the  procedure of
investigations and hearings  by  the  medical  societies  or  boards  of
charges  against authorized physicians and licensed compensation medical
bureaus,  laboratories  and  bureaus  engaged  in  x-ray  diagnosis   or
treatment,   in   clinical   diagnosis  or  in  physiotherapy  or  other
therapeutic procedures, as provided in section thirteen-d and thirteen-e
of this chapter;
  (c) review, upon request, charges made by  a  physician,  compensation
medical  bureau  or  laboratory  or bureau engaged in x-ray diagnosis or
treatment,  in  clinical  diagnosis,  or  in  physiotherapy   or   other
therapeutic procedures, that any medical society or board has improperly
refused  to  recommend  authorization  of  the  physician,  compensation
medical bureau or laboratory or bureau to do compensation work,  and  if
it sustain the charges, recommend such authorization to the chairman;
  (d)  review,  upon  request, charges made by a physician, compensation
medical bureau or laboratory or bureau engaged  in  x-ray  diagnosis  or
treatment,   in   clinical  diagnosis,  or  in  physiotherapy  or  other
therapeutic procedures, that any medical society or board has improperly
recommended that his or its authorization to  do  compensation  work  be
revoked,  and  if it sustain the charges, recommend to the chairman that
such authorization not be revoked.
  In each case arising under this subdivision the medical  appeals  unit
may  re-open  the  matter and receive further evidence, and its decision
and recommendation shall be advisory to the chairman and  shall  not  be
binding or conclusive upon him.
  4.  The  medical  appeals  unit  shall  adopt rules and regulations to
govern its own proceedings. The secretary of the  medical  appeals  unit
shall  keep  a  complete record of all the proceedings of the unit which

shall show the names of the members present at each  meeting  and  every
matter  considered  and  the action taken thereon. Such records shall be
filed in the office of the secretary of the board.
  5.  The  provisions  of  sections  nineteen-a  and  nineteen-b of this
chapter limiting and restricting professional activities  of  physicians
or  surgeons  in the employ of the board shall also be applicable to and
binding upon members of the medical appeals unit.
  6. For the purpose of exercising the powers and performing the  duties
set  forth  in  this section, the medical appeals unit created hereunder
shall be deemed to be a continuation of the medical appeals unit of  the
industrial  council  of  the  department  of  labor; and all proceedings
pending before the medical appeals unit of the industrial council of the
department of labor, are hereby transferred to the medical appeals  unit
without prejudice to the rights of any party to such proceeding.
  The  medical  appeals unit, subject to the provisions of this chapter,
shall succeed to all the rights, powers, duties and obligations  of  the
medical  appeals  unit of the industrial council, insofar as they relate
to workmen's compensation.
  Wherever the term "medical appeals unit  of  the  industrial  council"
appears  in  this  chapter  or  in  the rules or regulations promulgated
thereunder, it shall be construed  to  mean  the  medical  appeals  unit
created hereunder.