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As an alternative to having a New York State Workers’ Compensation claim processed by the New York State Workers’ Compensation Board, construction and other trades have the opportunity to utilize an alternative dispute resolution process (ADR), as approved by the New York State Workers’ Compensation Law. ADR is a process for obtaining New York State Workers’ Compensation benefits without having the New York State Workers’ Compensation Board generally involved in the process.

The ADR process is only applicable where a collective bargaining agreement has established it. However, in cases where the ADR process is applicable, if there is a dispute regarding a claim for workers’ compensation benefits, such as with respect to wage loss benefits or medical treatment, an arbitrator or mediator rather than a Workers’ Compensation Law Judge is responsible for determining whether an injured worker is entitled to those Workers’ Compensation benefits.

Generally, an ADR determination made by an arbitrator or mediator is final and binding, although appeal of an adverse ADR determination can be brought to the New York State Supreme Court, Appellate Division, Third Judicial Department. However, under the very limited standard of review applicable to arbitrator’s decisions, courts may only vacate an arbitration decision/award if it is the result of “corruption, fraud or misconduct”, if the arbitrator was biased, if the award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator’s power. Significantly, an arbitrator’s award may not be vacated based upon errors of law or fact committed by the arbitrator.

Based upon this very difficult standard of review, it is absolutely imperative for an injured worker whose workers’ compensation claim is subject to the ADR process to make sure that he or she is represented by competent Workers’ Compensation counsel in any claim where the ADR process will govern the work injury. That representation should begin at the earliest time possible in the injured worker’s claim for benefits.

For more information concerning the Alternative Dispute Resolution process, please see the February 10, 2025 article posted on our firm’s website.

The Law Firm of Alex Dell, PLLC represents injured and disabled individuals throughout New York State and Florida with respect to Workers’ Compensation and disability retirement claims and also represents individuals and veterans nationwide with their Social Security Disability, Public Safety Officers’ Benefits and Veterans Affairs compensation claims.

For a free consultation and more information about the benefits available to you under the Workers’ Compensation Law and the ADR process, please contact the Law Firm of Alex Dell, PLLC at (866) 965-2667 or visit us at www.alexdell.com

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