§ 23. Appeals. An award or decision of the board shall be final and
conclusive upon all questions within its jurisdiction, as against the
state fund or between the parties, unless reversed or modified on appeal
therefrom as hereinafter provided. Any party may within thirty days
after notice of the filing of an award or decision of a referee, file
with the board an application in writing for a modification or
rescission or review of such award or decision, as provided in this
chapter. The board shall render its decision upon such application in
writing and shall include in such decision a statement of the facts
which formed the basis of its action on the issues raised before it on
such application. Within thirty days after notice of the decision of the
board upon such application has been served upon the parties, or within
thirty days after notice of an administrative redetermination review
decision by the chair pursuant to subdivision five of section fifty-two,
section one hundred thirty-one or section one hundred forty-one-a of
this chapter has been served upon any party in interest, an appeal may
be taken therefrom to the appellate division of the supreme court, third
department, by any party in interest, including an employer insured in
the state fund; provided, however, that any party in interest may within
thirty days after notice of the filing of the board panel's decision
with the secretary of the board, make application in writing for review
thereof by the full board. If the decision or determination was that of
a panel of the board and there was a dissent from such decision or
determination other than a dissent the sole basis of which is to refer
the case to an impartial specialist, or if there was a decision or
determination by the panel which reduced the loss of wage earning
capacity finding made by a compensation claims referee pursuant to
subparagraph w of subdivision three of section fifteen of this article
from a percentage at or above the percentage set forth in subdivision
three of section thirty-five of this article whereby a claimant would be
eligible to apply for an extreme hardship redetermination to a
percentage below the threshold, the full board shall review and affirm,
modify or rescind such decision or determination in the same manner as
herein above provided for an award or decision of a referee. If the
decision or determination was that of a unanimous panel of the board, or
there was a dissent from such decision or determination the sole basis
of which is to refer the case to an impartial specialist, the board may
in its sole discretion review and affirm, modify or rescind such
decision or determination in the same manner as herein above provided
for an award or decision of a referee. Failure to apply for review by
the full board shall not bar any party in interest from taking an appeal
directly to the court as above provided. The board may also, in its
discretion certify to such appellate division of the supreme court,
questions of law involved in its decision. Such appeals and the question
so certified shall be heard in a summary manner and shall have
precedence over all other civil cases in such court. The board shall be
deemed a party to every such appeal from its decision upon such
application, and the chair shall be deemed a party to every such appeal
from an administrative redetermination review decision pursuant to
subdivision five of section fifty-two of this chapter. The attorney
general shall represent the board and the chair thereon. An appeal may
also be taken to the court of appeals in the same manner and subject to
the same limitations not inconsistent herewith as is now provided in the
civil practice law and rules. It shall not be necessary to file
exceptions to the rulings of the board. An appeal to the appellate
division of the supreme court, third department, or to the court of
appeals, shall not operate as a stay of the payment of compensation
required by the terms of the award or of the payment of the cost of such
medical, dental, surgical, optometric or other attendance, treatment,
devices, apparatus or other necessary items the employer is required to
provide pursuant to section thirteen of this article which are found to
be fair and reasonable. Where such award is modified or rescinded upon
appeal, the appellant shall be entitled to reimbursement in a sum equal
to the compensation in dispute paid to the respondent in addition to a
sum equal to the cost of such medical, dental, surgical, optometric or
other attendance, treatment, devices, apparatus or other necessary items
the employer is required to provide pursuant to section thirteen of this
article paid by the appellant pending adjudication of the appeal. Such
reimbursement shall be paid from administration expenses as provided in
section one hundred fifty-one of this chapter upon audit and warrant of
the comptroller upon vouchers approved by the chair. Where such award is
subject to the provisions of section twenty-seven of this article, the
appellant shall pay directly to the claimant all compensation as it
becomes due during the pendency of the appeal, and upon affirmance shall
be entitled to credit for such payments. Neither the chair, the board,
the commissioners of the state insurance fund nor the claimant shall be
required to file a bond upon an appeal to the court of appeals. Upon
final determination of such an appeal, the board or chair, as the case
may be, shall enter an order in accordance therewith. Whenever a notice
of appeal is served or an application made to the board by the employer
or insurance carrier for a modification or rescission or review of an
award or decision, and the board shall find that such notice of appeal
was served or such application was made for the purpose of delay or upon
frivolous grounds, the board shall impose a penalty in the amount of
five hundred dollars upon the employer or insurance carrier, which
penalty shall be added to the compensation and paid to the claimant. The
penalties provided herein shall be collected in like manner as
compensation. A party against whom an award of compensation shall be
made may appeal from a part of such award. In such a case the payment of
such part of the award as is not appealed from shall not prejudice any
rights of such party on appeal, nor be taken as an admission against
such party. Any appeal by an employer from an administrative
redetermination review decision pursuant to subdivision five of section
fifty-two of this chapter shall in no way serve to relieve the employer
from the obligation to timely pay compensation and benefits otherwise
payable in accordance with the provisions of this chapter.

Nothing contained in this section shall be construed to inhibit the
continuing jurisdiction of the board as provided in section one hundred
twenty-three of this chapter.