Section 221. Determination of contested claims for disability benefits  


Latest version.
  • Within twenty-six weeks of written notice of  rejection  of  claim,  the
      employee  may  file with the chairman a notice that his or her claim for
      disability benefits has not been paid, and  the  employee  shall  submit
      proof  of disability and of his or her employment, wages and other facts
      reasonably necessary for determination of the employee's right  to  such
      benefits.  Failure  to file such notice within the time provided, may be
      excused by the chairman if it can be shown to the  satisfaction  of  the
      chairman not to have been reasonably possible to furnish such notice and
      that  such  notice  was furnished as soon as possible.  On demand of the
      chairman the employer or carrier shall forthwith deliver to the chairman
      the original or a true copy of the attending  physician's  or  attending
      podiatrist's or accredited practitioner's statement, wage and employment
      data  and  all other papers in the possession of the employer or carrier
      with respect to such claim.
        The board shall have full power and authority to determine all  issues
      in  relation  to  every  such  claim for disability benefits required or
      provided under this article, and shall file its decision in  the  office
      of  the  chairman.  Upon  such  filing,  the  chairman shall send to the
      parties a copy of the decision. Either party may present evidence and be
      represented by counsel at any hearing on such claim.   The  decision  of
      the  board  shall  be  final  as to all questions of fact and, except as
      provided in section twenty-three of this chapter, as to all questions of
      law. Every decision of the board shall be complied  with  in  accordance
      with  its terms within ten days thereafter except in case of appeal, and
      any payments due under such decision shall  draw  simple  interest  from
      thirty  days  after  the  making thereof at the rate provided in section
      five thousand four of the civil practice law and rules.