(2) If the parties fail to agree to the value of medical aid rendered
under this chapter, such value shall be decided by a single arbitrator
process, pursuant to rules promulgated by the chair. The chair shall
appoint a physician who is a member in good standing of the medical
society of the state of New York to determine the value of such disputed
medical bill. Where the physician whose charges are being arbitrated is
a member in good standing of the New York osteopathic society, the value
of such disputed bill shall be determined by a member in good standing
of the New York osteopathic society appointed by the chair. Where the
physician whose charges are being arbitrated is a member in good
standing of the New York homeopathic society, the value of such disputed
bill shall be determined by a member in good standing of the New York
homeopathic society appointed by the chair. Where the value of any other
authorized provider's services are at issue, such value shall be
determined by a member in good standing of one or more recognized
professional associations representing its respective profession in the
state of New York appointed by the chair. Decisions rendered under the
single arbitrator process shall be conclusive upon the parties as to the
value of the services in dispute.
(3) A provider or supplier initiating a single arbitrator process,
pursuant to this section shall not pay a fee to cover the costs related
to the conduct of such arbitration. (4) In claims where the employer has
failed to secure compensation to his employees as required by section
fifty of this chapter, the board may make an award for the value of
medical services, supplies or treatment rendered to such employees, in
accordance with the schedules of fees and charges prepared and
established under the provisions of this chapter. Such award shall be
made to the medical care provider or supplier entitled thereto. A
default in the payment of such award may be enforced in the manner
provided for the enforcement of compensation awards as set forth in
section twenty-six of this article.
In all cases coming under this subdivision the payment of the claim
for medical care or supplies shall be subordinate to that of the
claimant or his or her beneficiaries.
Structure New York Laws
10 - Liability for Compensation.
12 - Compensation Not Allowed for First Seven Days.
13 - Treatment and Care of Injured Employees.
13-A - Selection of Authorized Physician by Employee.
13-B - Authorization of Providers, Medical Bureaus and Laboratories by the Chair.
13-C - Licensing of Compensation Medical Bureaus and Laboratories.
13-E - Revocation of Licenses of Compensation Medical Bureaus and Laboratories.
13-F - Payment of Medical Fees.
13-G - Payment of Bills for Medical Care.
13-H - Ombudsman for Injured Workers.
13-I - Solicitation Prohibited.
13-J - Medical or Surgical Treatment by Insurance Carriers and Employers.
13-K - Care and Treatment of Injured Employees by Duly Licensed Podiatrists.
13-L - Care and Treatment of Injured Employees by Duly Licensed Chiropractors.
13-M - Care and Treatment of Injured Employees by Duly Licensed Psychologists.
13-N - Mandatory Registration of Entities Which Derive Income From Independent Medical Examinations.
13-O - Pharmaceutical Fee Schedule.
13-P - Comprehensive Prescription Drug Formulary.
14 - Weekly Wages Basis of Compensation.
14-A - Double Compensation and Death Benefits When Minors Illegally Employed.
15 - Schedule in Case of Disability.
15-A - Assessment on Insolvent Group Self-Insured Trusts.
16-A - Death Benefits Due to Diesel Exposure.
17-A - Limited English Proficiency.
18 - Notice of Injury or Death.
18-A - Notice: The New York Jockey Injury Compensation Fund, Inc.
18-B - Notice; the New York Black Car Operators' Injury Compensation Fund, Inc.
18-C - Independent Livery Bases.
19-A - Physicians Not to Accept Fees From Carriers.
19-B - Treatment by Physicians in Employ of Board.
19-C - Actions Against Health Services Personnel; Defense and Indemnification.
20 - Determination of Claims for Compensation.
21-A - Temporary Payment of Compensation.
22 - Modification of Awards, Decisions or Orders.
23-A - Mistakes, Defects and Irregularities.
24-A - Representation Before the Workers' Compensation Board.
25 - Compensation, How Payable.
25-A - Procedure and Payment of Compensation in Certain Claims; Limitation of Right to Compensation.
25-B - Awards to Non-Residents: Non-Resident Compensation Fund.
26 - Enforcement of Payment in Default.
26-A - Procedure and Payment of Compensation in Claims Against Uninsured Defaulting Employers.
27 - Depositing Future Payments in the Aggregate Trust Fund.
27-A - Investments in Obligations of Designated Public Benefit Corporations; Indemnifications.
27-B - Amortization of Gains or Losses.
27-C - Appropriations to the Aggregate Trust Fund.
28 - Limitation of Right to Compensation.
29 - Remedies of Employees; Subrogation.
30 - Revenues or Benefits From Other Sources Not to Affect Compensation.
31 - Agreement for Contribution by Employee Void.