Although an EC-70 (Medical Arbitrators Decision) is not subject to appeal under Section 23, can it be challenged with an Article 78 proceeding?
Under the Medical Treatment Guidelines regulations it is possible for the Medical Arbitrator to make variance decisions and optional prior approval decisions. This will only happen if both parties agree to this process and the regulations specifically provide decisions made by the medical arbitrator are binding and not appealable under WCL ยง 23. The Board cannot give legal advice with respect to whether such decisions are subject to a challenge pursuant to CPLR Article 78. The new regulations do not change the CPLR, so whether the Medical Arbitrator’s decisions can be challenged by an Article 78 proceeding will be governed by existing law.
Related Questions
- Under Article 21, Section 2.G. of the AFGE Master Agreement, are the union and the subject of an investigation entitled to a copy of the investigation file at any time during the investigation?
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