§ 23. Appeals. An award or decision of the board shall be final and\nconclusive upon all questions within its jurisdiction, as against the\nstate fund or between the parties, unless reversed or modified on appeal\ntherefrom as hereinafter provided. Any party may within thirty days\nafter notice of the filing of an award or decision of a referee, file\nwith the board an application in writing for a modification or\nrescission or review of such award or decision, as provided in this\nchapter. The board shall render its decision upon such application in\nwriting and shall include in such decision a statement of the facts\nwhich formed the basis of its action on the issues raised before it on\nsuch application. Within thirty days after notice of the decision of the\nboard upon such application has been served upon the parties, or within\nthirty days after notice of an administrative redetermination review\ndecision by the chair pursuant to subdivision five of section fifty-two,\nsection one hundred thirty-one or section one hundred forty-one-a of\nthis chapter has been served upon any party in interest, an appeal may\nbe taken therefrom to the appellate division of the supreme court, third\ndepartment, by any party in interest, including an employer insured in\nthe state fund; provided, however, that any party in interest may within\nthirty days after notice of the filing of the board panel's decision\nwith the secretary of the board, make application in writing for review\nthereof by the full board. If the decision or determination was that of\na panel of the board and there was a dissent from such decision or\ndetermination other than a dissent the sole basis of which is to refer\nthe case to an impartial specialist, or if there was a decision or\ndetermination by the panel which reduced the loss of wage earning\ncapacity finding made by a compensation claims referee pursuant to\nsubparagraph w of subdivision three of section fifteen of this article\nfrom a percentage at or above the percentage set forth in subdivision\nthree of section thirty-five of this article whereby a claimant would be\neligible to apply for an extreme hardship redetermination to a\npercentage below the threshold, the full board shall review and affirm,\nmodify or rescind such decision or determination in the same manner as\nherein above provided for an award or decision of a referee. If the\ndecision or determination was that of a unanimous panel of the board, or\nthere was a dissent from such decision or determination the sole basis\nof which is to refer the case to an impartial specialist, the board may\nin its sole discretion review and affirm, modify or rescind such\ndecision or determination in the same manner as herein above provided\nfor an award or decision of a referee. Failure to apply for review by\nthe full board shall not bar any party in interest from taking an appeal\ndirectly to the court as above provided. The board may also, in its\ndiscretion certify to such appellate division of the supreme court,\nquestions of law involved in its decision. Such appeals and the question\nso certified shall be heard in a summary manner and shall have\nprecedence over all other civil cases in such court. The board shall be\ndeemed a party to every such appeal from its decision upon such\napplication, and the chair shall be deemed a party to every such appeal\nfrom an administrative redetermination review decision pursuant to\nsubdivision five of section fifty-two of this chapter. The attorney\ngeneral shall represent the board and the chair thereon. An appeal may\nalso be taken to the court of appeals in the same manner and subject to\nthe same limitations not inconsistent herewith as is now provided in the\ncivil practice law and rules. It shall not be necessary to file\nexceptions to the rulings of the board. An appeal to the appellate\ndivision of the supreme court, third department, or to the court of\nappeals, shall not operate as a stay of the paym
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.