1. The Laws of New York
  2. Consolidated Laws
  3. Workers' Compensation
  4. Article 2: Compensation


Section 13-AA Medical appeals unit

Workers' Compensation (WKC)

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.