New York State Workers' Compensation Board · 18 hours ago
Compensation Claims Referee (NY HELPS), WCB Item #3212
Menands, NY
Full-time
Hybrid
Senior Level
5+ years expThe New York State Workers' Compensation Board is seeking a Compensation Claims Referee to conduct hearings and render decisions on various claims under the Workers' Compensation Law and related laws. The role involves evaluating evidence, assisting claimants, and making findings of fact and law to ensure fair outcomes in workers' compensation cases.
GovernmentLegalNon ProfitOffice Administration
Responsibilities
Conducts hearings and render decisions on claims arising under the Workers' Compensation Law, Disability Benefits Law, Volunteer Firefighters Benefit Law, Volunteer Ambulance Workers' Law and Paid Family Leave Act
At such hearings, they ascertain the substantial rights of the parties; consider and evaluate documentary evidence and testimony, both lay and medical, given at hearing; orders medical examinations of claimants; determine questions of fact and of law, and make findings and decisions
When claimant is not represented by counsel, assists the claimant in the pursuit of his/her claim; questions claimant and his/her witnesses and cross-examines carrier's witnesses on claimant's behalf
Confers with claimants, their representatives, and carriers at preliminary hearings to establish issues in controversy, to determine witnesses needed and their availability, to establish time required for taking testimony, and to set definite dates for trial hearings
In cases involving difficult and controversial medical issues, they may require the examination of a claimant by an impartial specialist in accordance with law and Board rules; determines specialty in field of medicine in which impartial specialist must be qualified; prepares findings of fact and indicates the specific questions for opinion by the designated impartial specialist
Directs reimbursement to disability benefit carriers in controverted workers' compensation cases where award is made to claimant and where notice of line is on file; orders reimbursement to employers where advance payment of compensation was made, and claim is made for reimbursement; orders reimbursement to New York City or New York State Retirement systems for benefits paid during pending of a workers' compensation controversy
Directs investigation is required relative to physical conditions involving injurious exposures in cases of occupational disease; reviews evidence submitted to determine dependency status and make appropriate decisions
For particular claims cases, such as those involving the Special Fund, death of the claimant, and apportionment between carriers, takes all testimony and develops the record, and renders decisions indicating the proper party to receive the award
Exercises discretion in determining the need for adjournment of cases
Identifies claims cases involving novel or important questions of law or a question of public policy, exercises the privilege of certifying such questions to the Board, submitting his/her findings of fact and the question presented by the record for decision
Hears cases wherein the Board has approved an application for rehearing or reopening or restored the case to the calendar for any other reason
Receives and analyzes evidence of the purpose of arriving at a decision or for submission of such evidence to the Board for its own decision
Reserves decision where circumstances require the same, reviews higher court rulings and renders a written memorandum of decision after due deliberation
Studies latest decisions of the courts and recent amendments to the Workers' Compensation Law and correlates other laws of the State of New York and of the United States in the formulation of decisions
Administers oaths, takes affidavits, and depositions
Issues subpoenas to compel the attendance of witnesses and the production of books, contracts, papers, documents, and other evidence
Impose penalties in accordance with provisions of law
Awards fees to claimants' attorneys or licensed representatives; sets attendance fees for doctors scheduled to testify
Exercises control of the record taken at hearings and orders transcriptions of minutes as necessary
Presides over discrimination hearings where it is alleged that an employer fired or discriminated against an employee for filing or attempting to file a workers' compensation or disability benefits claim, or for testifying or attempting to testify in a workers' compensation or disability benefits proceeding
Presides over discrimination hearings under the Paid Family Leave Act where it is alleged that an employer fired or discriminated against an employee for filing or attempting to file a Paid Family Leave Act claim, or for testifying or attempting to testify in a Paid Family Leave Act proceeding
Presides over cases in which the employer is noninsured. Makes all appropriate awards, determines penalties, and orders security deposits by the noninsured employer
Determines payor of medical bills and when appropriate orders workers' compensation carrier to reimburse private health insurer for bills they have paid
Reviews and approves stipulations always ensuring the claimants' rights are fully protected
Conducts hearings relating to denials of authorization for medical treatments; rules on legal objections to medical bills raised by carriers
Drafts informal resolutions
Reviews and finalizes informal resolutions and Orders of the Chair
Performs related duties as required
Qualification
Required
Candidates must be reachable on the appropriate Civil Service eligible list
Five years of full-time, professional level legal experience, subsequent to admission to the New York State Bar, which must have included three years of full-time experience in the practice of Workers' Compensation Law, Volunteer Firefighters' Benefit Law, Volunteer Ambulance Workers' Benefit Law, Personal Injury Law, or Insurance Claims Law
Qualifying experience includes: experience as an attorney representing claimants, workers' compensation insurance carriers, self-insured employers, State Insurance Fund, or the Special Funds Conservation Committee before the Workers' Compensation Board; experience as an attorney representing plaintiffs or defendants in personal injury actions; experience as an attorney representing applicants in social security disability matters; and/or as a judge in a court of record; or as an administrative hearing officer presiding over adversarial proceedings, arbitration, or fact finding within a private or public tribunal
Qualifying experience includes experience as an administrative law judge with a federal, state, or municipal agency; experience as a city court, town, or village justice
Must be a qualified employee of the New York State Workers' Compensation Board and have had two years of permanent competitive or 55-b/55-c service as a Senior Attorney
Individuals certified eligible for the 55b/c program under the Governor's Program to Hire Persons/Veterans with Disabilities pursuant to Section 55b/c of the Civil Service Law will also be considered
Candidates must meet the non-competitive minimum qualifications listed above
Candidates must have one year permanent or 55 b/c service in a title designated as appropriate for transfer in accordance with Section 52.6 of the Civil Service law
Benefits
Holiday & Paid Time Off
Thirteen (13) paid holidays annually.
Thirteen (13) days of paid vacation leave in year one, increasing to 20+ days with additional years of service.
Five (5) days of paid personal leave annually.
Thirteen (13) days of paid sick leave annually for PEF/CSEA and eight (8) days paid sick leave annually for M/C.
Annual professional leave and educational leave opportunities for eligible staff.
Eligible employees and dependents can choose from a variety of affordable and generous health insurance programs.
Family dental and vision benefits at no additional cost.
Public Service Loan Forgiveness (PSLF).
Enrollment in the New York State pension system which has earned the distinction of being one of the best-managed and best-funded plans in the nation OR Optional Retirement Defined Contribution Plan with 8% salary match (eligibility requirements apply).
NYS Deferred Compensation and an exclusive 403(b) Optional Retirement Savings Plan.
Paid Parental Leave for all employees and Paid Family Leave (M/C Only).
Eligibility for various life insurance options.
Access to NY 529 and NY ABLE College Savings Program
Flexible Spending Program, which allows employees to set aside pre-tax payroll deductions for eligible health care and dependent care expenses.
Company
New York State Workers' Compensation Board
The NYS Workers’ Compensation Board is a state agency that oversees three types of insurance for workers: workers’ compensation, disability benefits, and Paid Family Leave.
501-1000 employees
Funding
Current Stage
Late StageRecent News
MarketScreener
2025-09-23
Central New York Business Journal
2025-04-16
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