The employer and carrier now appeal the amended decision, solely arguing that the Board's denial of apportionment was in error because the claim should have been classified as an occupational disease, not an accident. We find that the argument of the employer and carrier regarding classification of this claim as an accident rather than an occupational disease is not properly before us inasmuch as no appeal from the WCLJ's determination of this issue was taken ( see Matter of Mistofsky v. Consolidated Edison Co. of N.Y., Inc., 68 A.D.3d 1256, 1258, 890 N.Y.S.2d 176 [2009];Matter of Nomikos v. Ionic Painting Corp., 27 A.D.3d 843, 843–844, 810 N.Y.S.2d 543 [2006],lv. denied7 N.Y.3d 701, 818 N.Y.S.2d 191, 850 N.E.2d 1166 [2006];see alsoWorkers' Compensation Law § 23).
Following a hearing, a Workers' Compensation Law Judge denied claimant's application and, upon review, the Workers' Compensation Board affirmed. Claimant now appeals. Initially, inasmuch as claimant did not appeal from the Board's 2002 decision regarding his violation of Workers' Compensation Law § 114–a, and the time to do so has long since passed, any arguments raised with regard to that decision and the penalty imposed are not properly before us ( see Matter of Burris v. Olcott, 95 A.D.3d 1522, 1523, 944 N.Y.S.2d 775 [2012];Matter of Mistofsky v. Consolidated Edison Co. of N.Y., Inc., 68 A.D.3d 1256, 1258, 890 N.Y.S.2d 176 [2009] ). Turning to the Board's decision not to vacate claimant's permanent disqualification from indemnity benefits based upon the expansion of the claim to include injury to claimant's hips, we begin by noting that there is no specific provision for reopening a decision and penalty under Workers' Compensation Law § 114–a. However, the Workers' Compensation Law generally provides that the Board has continuing jurisdiction over the matters before it and may make modifications to prior decisions as it deems just ( seeWorkers' Compensation Law § 123; Matter of Retz v. Surpass Chem. Co., Inc., 39 A.D.3d 1037, 1038, 834 N.Y.S.2d 389 [2007] ).