N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 349-2.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 349-2.6 - Composition of arbitration committees

(a) In accordance with subdivision (2) of section 13-g of the Workers' Compensation Law, occupational and physical therapy arbitration committees shall consist of a member in good standing of a recognized professional association representing either occupational or physical therapists in the State of New York appointed by the president of such organization, a physician designated by the employer or carrier and a physician designated by the chairman of the Workers' Compensation Board, provided that the chairman finds that there are a sufficient number of occupational or physical therapy arbitrations in a geographical area comprised of one or more counties to warrant a committee so comprised. In all other cases where the value of therapy services is at issue, the arbitration committee shall be similarly selected and identical in composition, provided that the therapist member shall serve without remuneration, and provided further that in the event such a therapist is not available, the committee shall be comprised of three physicians designated in the same manner as in cases where the value of medical aid is at issue.

(b) The president of a recognized professional association representing occupational or physical therapists in the State of New York, and the employer or carrier shall each notify the chairman of the name of the arbitrator whom it has selected, at least eight days before the date of the hearing.

(c) A nominee shall not be eligible to serve as an arbitrator with relation to any bill rendered by a therapist or disputed by a carrier with whom he or she is in any way associated.

(d) The chairman shall appoint one member of the arbitration committee to serve as chairman thereof and shall also appoint a secretary to such committee.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 349-2.6