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 Jul. 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

Accessed:
Jul. 20, 2024

Last modified:
Apr. 8, 2016

§ 223’s source at nysenate​.gov

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