N.Y. Workers' Compensation Law Section 223
Modification of board decisions or orders

Upon its own motion or upon the application of any party in interest, the board may at any time review any decision or order regarding disability benefits and, on such review, may make a decision ending, diminishing or increasing the disability benefits previously ordered, and shall state the reason therefor. Upon the filing of such decision regarding disability benefits, the chair shall send to each of the parties a copy thereof. No such review shall affect any previous decision as regards any moneys regarding disability benefits already paid, except that a decision increasing the disability benefit rate may be made effective from date of commencement of disability, and except that, if any part of the disability benefits due is unpaid, a decision decreasing the disability benefit rate may be made effective from the commencement of disability, and any payments made prior thereto in excess of such decreased rate shall be deducted from future disability benefits in such manner and by such method as may be determined by the board.

Source: Section 223 — Modification of board decisions or orders, https://www.­nysenate.­gov/legislation/laws/WKC/223 (updated Apr. 8, 2016; accessed Apr. 20, 2024).

200
Short title 201
Definitions 202
Covered employer 203
Employees eligible for benefits under section two hundred four of this article 203‑A
Retaliatory action prohibited for family leave 203‑B
Reinstatement following family leave 203‑C
Health insurance during family leave 204
Disability and family leave during employment 205
Disabilities, family leave and periods for which benefits are not payable 206
Non-duplication of benefits 207
Disability while unemployed 208
Payment of disability and family leave benefits 209
Contribution of employees for disability and family leave benefits 210
Employer contributions 211
Provision for payment of benefits 212
Voluntary coverage 212‑A
Notwithstanding the definition of “employer” and “employment” set forth in section two hundred one of this article and the requirement fo... 212‑B
Public employees 213
Non-compliance or default 214
Special fund for disability benefits 215
Commissioner of taxation and finance custodian of fund 216
Disposition of uncommitted balance of employees’ contributions 217
Notice and proof of claim 218
Disability benefit rights inalienable 219
Enforcement of payment in default 220
Penalties 221
Determination of contested claims for disability and family leave benefits 222
Technical rules of evidence or procedure not required 223
Modification of board decisions or orders 224
Appeals 225
Fees for representing employees 226
The insurance contract 227
Actionable injuries in claims for disability benefits 228
Administrative expenses 229
Posting of notice and providing of notice of rights 230
Destruction of records 231
Subpoenas 232
Fees for testimony of physicians, podiatrists, chiropractors, dentists, psychologists and health care providers 233
Inspection of records of employers 234
Disclosures prohibited 235
Exemptions 236
Disposition of accrued benefits upon death 237
Reimbursement for advance payments by employers 238
Payments to minors 239
Representation before the board 240
Non-liability of state 241
Application of other provisions of chapter 242
Separability of provisions
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Apr. 8, 2016

§ 223’s source at nysenate​.gov

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