Legislation
SECTION 141
General powers and duties of the chair
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 8
* § 141. General powers and duties of the chair. The chair shall be
the administrative head of the workers' compensation board and shall
exercise the powers and perform the duties in relation to the
administration of this chapter heretofore vested in the commissioner of
labor by chapter fifty of the laws of nineteen hundred twenty-one, and
acts amendatory thereof, and by this chapter excepting article six
thereof, and except in so far as such powers and duties are vested by
this chapter in the workers' compensation board. The chair shall preside
at all meetings of the board and shall appoint all committees and panels
of the board; shall designate the times and places for the hearing of
claims under this chapter and shall perform all administrative functions
of the board as in this chapter set forth. The chair, in the name of the
board, shall enforce all the provisions of this chapter, and may make
administrative regulations and orders providing for the receipt,
indexing and examining of all notices, claims and reports, for the
giving of notice of hearings and of decisions, for certifying of
records, for the fixing of the times and places for the hearing of
claims, and for providing for the conduct of hearings and establishing
of calendar practice to the extent not inconsistent with the rules of
the board. The chair shall issue and may revoke certificates of
authorization of physicians, chiropractors and podiatrists as provided
in sections thirteen-a, thirteen-k and thirteen-1 of this chapter, and
licenses for medical bureaus and x-ray and other laboratories under the
provisions of section thirteen-c of this chapter, issue stop work orders
as provided in section one hundred forty-one-a of this article, and
shall have and exercise all powers not otherwise provided for herein in
relation to the administration of this chapter heretofore expressly
conferred upon the commissioner of labor by any of the provisions of
this chapter, or of the labor law. The chair, on behalf of the workers'
compensation board, shall enter into the agreement provided for in
section one hundred seventy-one-h of the tax law, and shall take such
other actions as may be necessary to carry out the agreement provided
for in such section for matching beneficiary records of workers'
compensation with information provided by employers to the state
directory of new hires for the purposes of verifying eligibility for
such benefits and for administering workers' compensation.
* NB Effective until January 1, 2028
* § 141. General powers and duties of the chair. The chair shall be
the administrative head of the workers' compensation board and shall
exercise the powers and perform the duties in relation to the
administration of this chapter heretofore vested in the commissioner of
labor by chapter fifty of the laws of nineteen hundred twenty-one, and
acts amendatory thereof, and by this chapter excepting article six
thereof, and except in so far as such powers and duties are vested by
this chapter in the workers' compensation board. The chair shall preside
at all meetings of the board and shall appoint all committees and panels
of the board; shall designate the times and places for the hearing of
claims under this chapter and shall perform all administrative functions
of the board as in this chapter set forth. The chair, in the name of the
board, shall enforce all the provisions of this chapter, and may make
administrative regulations and orders providing for the receipt,
indexing and examining of all notices, claims and reports, for the
giving of notice of hearings and of decisions, for certifying of
records, for the fixing of the times and places for the hearing of
claims, and for providing for the conduct of hearings and establishing
of calendar practice to the extent not inconsistent with the rules of
the board. The chair shall issue and may revoke certificates of
authorization of physicians, chiropractors, podiatrists, and
psychologists to perform independent medical examinations in accordance
with paragraph (b) of subdivision four of section thirteen-a and section
one hundred thirty-seven of this chapter, and licenses for medical
bureaus and x-ray and other laboratories under the provisions of section
thirteen-c of this chapter, shall publish and maintain an exclusion
list, in accordance with section thirteen-d of this chapter, for
providers as defined in section thirteen-b of this chapter currently
disqualified from providing medical care or from performing independent
medical examinations in accordance with paragraph (b) of subdivision
four of section thirteen-a and section one hundred thirty-seven of this
chapter, shall develop and require trainings for providers as defined in
section thirteen-b of this chapter, which shall include, but not be
limited to, the role of medical evidence in the board's determination of
claims, the contents of medical reports, the process for seeking
authorization for special services, diagnostic test networks, and
permanency guidelines, issue stop work orders as provided in section one
hundred forty-one-a of this article, and shall have and exercise all
powers not otherwise provided for herein in relation to the
administration of this chapter heretofore expressly conferred upon the
commissioner of labor by any of the provisions of this chapter, or of
the labor law. The chair, on behalf of the workers' compensation board,
shall enter into the agreement provided for in section one hundred
seventy-one-h of the tax law, and shall take such other actions as may
be necessary to carry out the agreement provided for in such section for
matching beneficiary records of workers' compensation with information
provided by employers to the state directory of new hires for the
purposes of verifying eligibility for such benefits and for
administering workers' compensation. The chair shall promulgate
regulations to (1) require that the employer or its carrier or special
fund shall pay the costs associated with any deposition of a claimant's
provider, and (2) allow workers' compensation law judges to deny
cross-examination of a provider where appropriate. The chair may
promulgate further regulations designed to prevent the consequences of a
treating provider's failure to comply with statutory or regulatory
provisions, including failure to appear for a deposition, from unduly
harming the injured worker's receipt of compensation or medical
treatment.
* NB Effective January 1, 2028
the administrative head of the workers' compensation board and shall
exercise the powers and perform the duties in relation to the
administration of this chapter heretofore vested in the commissioner of
labor by chapter fifty of the laws of nineteen hundred twenty-one, and
acts amendatory thereof, and by this chapter excepting article six
thereof, and except in so far as such powers and duties are vested by
this chapter in the workers' compensation board. The chair shall preside
at all meetings of the board and shall appoint all committees and panels
of the board; shall designate the times and places for the hearing of
claims under this chapter and shall perform all administrative functions
of the board as in this chapter set forth. The chair, in the name of the
board, shall enforce all the provisions of this chapter, and may make
administrative regulations and orders providing for the receipt,
indexing and examining of all notices, claims and reports, for the
giving of notice of hearings and of decisions, for certifying of
records, for the fixing of the times and places for the hearing of
claims, and for providing for the conduct of hearings and establishing
of calendar practice to the extent not inconsistent with the rules of
the board. The chair shall issue and may revoke certificates of
authorization of physicians, chiropractors and podiatrists as provided
in sections thirteen-a, thirteen-k and thirteen-1 of this chapter, and
licenses for medical bureaus and x-ray and other laboratories under the
provisions of section thirteen-c of this chapter, issue stop work orders
as provided in section one hundred forty-one-a of this article, and
shall have and exercise all powers not otherwise provided for herein in
relation to the administration of this chapter heretofore expressly
conferred upon the commissioner of labor by any of the provisions of
this chapter, or of the labor law. The chair, on behalf of the workers'
compensation board, shall enter into the agreement provided for in
section one hundred seventy-one-h of the tax law, and shall take such
other actions as may be necessary to carry out the agreement provided
for in such section for matching beneficiary records of workers'
compensation with information provided by employers to the state
directory of new hires for the purposes of verifying eligibility for
such benefits and for administering workers' compensation.
* NB Effective until January 1, 2028
* § 141. General powers and duties of the chair. The chair shall be
the administrative head of the workers' compensation board and shall
exercise the powers and perform the duties in relation to the
administration of this chapter heretofore vested in the commissioner of
labor by chapter fifty of the laws of nineteen hundred twenty-one, and
acts amendatory thereof, and by this chapter excepting article six
thereof, and except in so far as such powers and duties are vested by
this chapter in the workers' compensation board. The chair shall preside
at all meetings of the board and shall appoint all committees and panels
of the board; shall designate the times and places for the hearing of
claims under this chapter and shall perform all administrative functions
of the board as in this chapter set forth. The chair, in the name of the
board, shall enforce all the provisions of this chapter, and may make
administrative regulations and orders providing for the receipt,
indexing and examining of all notices, claims and reports, for the
giving of notice of hearings and of decisions, for certifying of
records, for the fixing of the times and places for the hearing of
claims, and for providing for the conduct of hearings and establishing
of calendar practice to the extent not inconsistent with the rules of
the board. The chair shall issue and may revoke certificates of
authorization of physicians, chiropractors, podiatrists, and
psychologists to perform independent medical examinations in accordance
with paragraph (b) of subdivision four of section thirteen-a and section
one hundred thirty-seven of this chapter, and licenses for medical
bureaus and x-ray and other laboratories under the provisions of section
thirteen-c of this chapter, shall publish and maintain an exclusion
list, in accordance with section thirteen-d of this chapter, for
providers as defined in section thirteen-b of this chapter currently
disqualified from providing medical care or from performing independent
medical examinations in accordance with paragraph (b) of subdivision
four of section thirteen-a and section one hundred thirty-seven of this
chapter, shall develop and require trainings for providers as defined in
section thirteen-b of this chapter, which shall include, but not be
limited to, the role of medical evidence in the board's determination of
claims, the contents of medical reports, the process for seeking
authorization for special services, diagnostic test networks, and
permanency guidelines, issue stop work orders as provided in section one
hundred forty-one-a of this article, and shall have and exercise all
powers not otherwise provided for herein in relation to the
administration of this chapter heretofore expressly conferred upon the
commissioner of labor by any of the provisions of this chapter, or of
the labor law. The chair, on behalf of the workers' compensation board,
shall enter into the agreement provided for in section one hundred
seventy-one-h of the tax law, and shall take such other actions as may
be necessary to carry out the agreement provided for in such section for
matching beneficiary records of workers' compensation with information
provided by employers to the state directory of new hires for the
purposes of verifying eligibility for such benefits and for
administering workers' compensation. The chair shall promulgate
regulations to (1) require that the employer or its carrier or special
fund shall pay the costs associated with any deposition of a claimant's
provider, and (2) allow workers' compensation law judges to deny
cross-examination of a provider where appropriate. The chair may
promulgate further regulations designed to prevent the consequences of a
treating provider's failure to comply with statutory or regulatory
provisions, including failure to appear for a deposition, from unduly
harming the injured worker's receipt of compensation or medical
treatment.
* NB Effective January 1, 2028