Section 23. Appeals

An award or decision of the board shall be final and
  conclusive upon all questions within its jurisdiction,  as  against  the
  state fund or between the parties, unless reversed or modified on appeal
  therefrom  as  hereinafter  provided.  Any  party may within thirty days
  after notice of the filing of an award or decision of  a  referee,  file
  with  the  board  an  application  in  writing  for  a  modification  or
  rescission or review of such award or  decision,  as  provided  in  this
  chapter.  The  board  shall render its decision upon such application in
  writing and shall include in such decision  a  statement  of  the  facts
  which  formed  the basis of its action on the issues raised before it on
  such application. Within thirty days after notice of the decision of the
  board upon such application has been served upon the parties, or  within
  thirty  days  after  notice  of an administrative redetermination review
  decision by the chair pursuant to subdivision five of section fifty-two,
  section one hundred thirty-one or section  one  hundred  forty-one-a  of
  this  chapter  has been served upon any party in interest, an appeal may
  be taken therefrom to the appellate division of the supreme court, third
  department, by any party in interest, including an employer  insured  in
  the state fund; provided, however, that if the decision or determination
  was  that  of  a  panel  of  the board and there was a dissent from such
  decision or determination other than a dissent the sole basis  of  which
  is  to  refer the case to an impartial specialist, any party in interest
  may within thirty days after notice of the filing of the  board  panel's
  decision  with  the  secretary of the board, make application in writing
  for review thereof by the full board, and the full  board  shall  review
  and affirm, modify or rescind such decision or determination in the same
  manner  as  herein above provided for an award or decision of a referee.
  Failure to apply for review by the full board shall not bar any party in
  interest from taking an appeal directly to the court as above  provided.
  The board may also, in its discretion certify to such appellate division
  of  the  supreme  court, questions of law involved in its decision. Such
  appeals and the question so certified shall be heard in a summary manner
  and shall have precedence over all other civil cases in such court.  The
  board  shall  be  deemed  a party to every such appeal from its decision
  upon such application, and the chair shall be deemed a  party  to  every
  such  appeal  from  an  administrative  redetermination  review decision
  pursuant to subdivision five of section fifty-two of this  chapter.  The
  attorney  general  shall  represent  the board and the chair thereon. An
  appeal may also be taken to the court of appeals in the same manner  and
  subject  to  the  same  limitations  not inconsistent herewith as is now
  provided in the civil practice law and rules. It shall not be  necessary
  to  file  exceptions  to  the  rulings  of  the  board. An appeal to the
  appellate division of the supreme court, third  department,  or  to  the
  court  of  appeals,  shall  not  operate  as  a  stay  of the payment of
  compensation required by the terms of the award or of the payment of the
  cost of such medical, dental, surgical, optometric or other  attendance,
  treatment,  devices,  apparatus or other necessary items the employer is
  required to provide pursuant to section thirteen of this  article  which
  are  found  to  be  fair and reasonable. Where such award is modified or
  rescinded upon appeal, the appellant shall be entitled to  reimbursement
  in  a sum equal to the compensation in dispute paid to the respondent in
  addition to a sum equal to the cost of such medical,  dental,  surgical,
  optometric  or  other attendance, treatment, devices, apparatus or other
  necessary items the employer is required to provide pursuant to  section
  thirteen  of  this article paid by the appellant pending adjudication of
  the  appeal.  Such  reimbursement  shall  be  paid  from  administration
  expenses  as  provided  in section one hundred fifty-one of this chapter
  upon audit and warrant of the comptroller upon vouchers approved by  the

  chair.  Where  such  award  is  subject  to  the  provisions  of section
  twenty-seven of this article, the appellant shall pay  directly  to  the
  claimant  all  compensation as it becomes due during the pendency of the
  appeal,  and  upon  affirmance  shall  be  entitled  to  credit for such
  payments. Neither the chair, the board, the commissioners of  the  state
  insurance fund nor the claimant shall be required to file a bond upon an
  appeal  to  the  court  of  appeals. Upon final determination of such an
  appeal, the board or chair, as the case may be, shall enter an order  in
  accordance  therewith.  Whenever  a  notice  of  appeal  is served or an
  application made to the board by the employer or insurance carrier for a
  modification or rescission or review of an award or  decision,  and  the
  board  shall  find  that  such  notice  of  appeal  was  served  or such
  application was made for the purpose of delay or upon frivolous grounds,
  the board shall impose a penalty in the amount of five  hundred  dollars
  upon  the employer or insurance carrier, which penalty shall be added to
  the compensation and paid to the claimant. The penalties provided herein
  shall be collected in like manner as compensation. A party against  whom
  an  award  of  compensation shall be made may appeal from a part of such
  award. In such a case the payment of such part of the award  as  is  not
  appealed  from  shall  not prejudice any rights of such party on appeal,
  nor be taken as an admission  against  such  party.  Any  appeal  by  an
  employer from an administrative redetermination review decision pursuant
  to subdivision five of section fifty-two of this chapter shall in no way
  serve  to  relieve  the  employer  from  the  obligation  to  timely pay
  compensation and benefits  otherwise  payable  in  accordance  with  the
  provisions of this chapter.
    Nothing  herein contained shall be construed to inhibit the continuing
  jurisdiction  of  the  board  as  provided  in   section   one   hundred
  twenty-three of this chapter.