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Alternative Dispute Resolution Proposed Rules


Section §314 Text of Rule

Paragraph (5) of subdivision (d) of Section 314.2 of Title 12 NYCRR is hereby amended to read as follows:

(5) a report of injury shall be submitted to the board on an ADR-1 form by the party designated in the agreement within [30] ten days after the accident occurs. The board shall assign a file number to the claim;

A new Section 314.8 of Title 12 NYCRR is hereby adopted to read as follows:

Board Adjudication of Certain Issues

  1. Special Funds applications: Any employer participating in an alternative dispute resolution program pursuant to Section 25(2-c) of the Workers' Compensation Law, or such employer's carrier or third party administrator, that seeks relief pursuant to Sections 14(6), 15(8) or 25-a of the Workers Compensation Law, shall, at the time its application is filed with the Special Funds Conservation Committee, also file a copy of the application with the board and all affected parties.
  2. Other applications: Any such employer, or its carrier or third party administrator, that submits an application for relief involving a claim that is not subject to the same Section 25(2-c) alternative dispute resolution program shall file a copy of its application with the board and all affected parties simultaneously. Such applications may include, but are not limited to, requests for approval of a settlement agreement pursuant to Workers' Compensation Law Section 32 and/or an apportionment of liability pursuant to the Workers' Compensation Law.
  3. Negotiated resolution: In the event the parties reach an agreement regarding an application for relief described in subdivision (a) or (b) of this section, a copy of the agreement, signed by an authorized individual for each party, shall be submitted to the board for review. The board shall issue a written decision approving the agreement unless it finds that the agreement is unfair, unconscionable, or improper as a matter of law. No agreement entered into under this subdivision shall become effective until approved by the board. Decisions approving an agreement described in this subdivision shall not be reviewable under Section 23 of the Workers' Compensation Law absent evidence that the agreement is the result of an intentional misrepresentation of a material fact by, or was induced by fraudulent behavior on the part of, a signatory to the agreement or their agent. If the board disapproves a submitted agreement, it shall issue a written decision stating the reasons for such disapproval. Decisions disapproving an agreement shall be reviewable under Section 23 of the Workers' Compensation Law.
  4. Adjudication: In the event the parties are unable to reach an agreement regarding an application for relief described in subdivision (a) or (b) of this section, the applicant may request that the board adjudicate the issue or issues raised in the application. Upon receipt of such request, the board shall schedule a hearing before a Workers' Compensation Law Judge or other board attorney for the purpose of resolving the disputed issue or issues. Decisions issued by a Workers' Compensation Law Judge or board attorney pursuant to this subdivision shall be reviewable under Section 23 of the Workers' Compensation Law.
  5. Nothing herein shall in any way affect or be deemed to modify the statutory agreement approval provisions of Workers' Compensation Law Section 32.

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