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N.Y. Work. Comp. Law § 123

Jurisdiction of board to be continuing

Applied in 39 court decisions — leading case Matter of Cottrell v. Kawasaki Rail Car, Inc. (2021)

Most recently applied in Matter of Allen v. New York City Hous. Auth. (December 2023)

2014-09-22

How often courts cite this section

20202023140
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 123. Jurisdiction of board to be continuing. The power and\njurisdiction of the board over each case shall be continuing, and it\nmay, from time to time, make such modification or change with respect to\nformer findings, awards, decisions or orders relating thereto, as in its\nopinion may be just, except that, where the employer has secured the\npayment of compensation in accordance with the provisions of section\nfifty of this chapter, no claim for compensation or for death benefits\nthat has been disallowed after a trial on the merits, or that has been\notherwise disposed of without an award after the parties in interest\nhave been given due notice of hearing or hearings and opportunity to be\nheard and for which no determination was made on the merits, shall be\nreopened after a lapse of seven years from the date of the accident or\ndeath. Nor shall any award of compensation or death benefits be made\nagainst the special fund provided in section twenty-five-a of this\nchapter or against an employer or an insurance carrier where application\ntherefor is made after a lapse of eighteen years from the date of the\ninjury or death and also a lapse of eight years from the date of the\nlast payment of compensation.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.