New York Consolidated Laws
N.Y. Workers' Compensation Law § 123 (2026)
Jurisdiction of board to be continuing
✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 123. Jurisdiction of board to be continuing. The power and jurisdiction of the board over each case shall be continuing, and it may, from time to time, make such modification or change with respect to former findings, awards, decisions or orders relating thereto, as in its opinion may be just, except that, where the employer has secured the payment of compensation in accordance with the provisions of section fifty of this chapter, no claim for compensation or for death benefits that has been disallowed after a trial on the merits, or that has been otherwise disposed of without an award after the parties in interest have been given due notice of hearing or hearings and opportunity to be heard and for which no determination was made on the merits, shall be reopened after a lapse of seven years from the date of the accident or death. Nor shall any award of compensation or death benefits be made against the special fund provided in section twenty-five-a of this chapter or against an employer or an insurance carrier where application therefor is made after a lapse of eighteen years from the date of the injury or death and also a lapse of eight years from the date of the last payment of compensation.
Notes of Decisions
Cited in 73
cases (41 in the last 5 years), 2002–2026 · leading case: Matter of Mallen v. ACE Tinsmith & Bldg. Prods., 204 A.D.3d 1283 (N.Y. App. Div. 3d Dep't 2022).
Matter of Mallen v. ACE Tinsmith & Bldg. Prods., 204 A.D.3d 1283 (N.Y. App. Div. 3d Dep't 2022). “Appeals (1) from a decision of the Workers' Compensation Board, filed November 13, 2020, which ruled that the reopening of the claim was barred by Workers' Compensation Law § 123, and (2) from a decision of said Board, filed February 17, 2021, which denied claimant's application…”
Matter of Enoch v. New York State Dept. of Corr. & Cmty. Supervision, 179 A.D.3d 1430 (N.Y. App. Div. 3d Dep't 2020). “Accordingly, acting pursuant to its continuing jurisdiction under Workers' Compensation Law § 123, the Board panel modified the prior amended administrative decision by rescinding the counsel fee award of $700.”
Matter of Razzano v. New York State Dept. of Corr. & Cmty. Supervision, 184 A.D.3d 939 (N.Y. App. Div. 3d Dep't 2020). “Upon review, the Board, by decision filed May 1, 2019, among other things, found that the employer was entitled to full reimbursement of the advanced wages without any reduction for counsel fees, modified the March 9, 2018 WCLJ decision by rescinding the award of $2,050 in…”
Matter of Sanchez v. US Concrete, 194 A.D.3d 1287 (N.Y. App. Div. 3d Dep't 2021). “However, insofar as the Board had rescinded the finding of a Workers' Compensation Law § 114-a violation in the July 2019 WCLJ decision, the Board exercised its continuing jurisdiction pursuant to Workers' Compensation Law § 123 to modify the October 2019 WCLJ decision by…”
Matter of Jones v. Burrell Orchards, Inc., 184 A.D.3d 919 (N.Y. App. Div. 3d Dep't 2020). “The Board also denied claimant's and the carrier's applications for Board review in the death claim, determining that their responses to question number 15 were incomplete and, therefore, failed to comply with the Board's formatting requirements. Claimant appeals, challenging…”
Matter of Miller v. MO Maier Ltd., 201 A.D.3d 1101 (N.Y. App. Div. 3d Dep't 2022). “Travelers sought review of the WCLJ's decision by the Board, seeking, among other things, that the Board exercise its continuing jurisdiction ( see Workers' Compensation Law § 123), in the interest of justice, to direct further development of the record on the issue of coverage…”
Matter of Green v. Poughkeepsie Ford, Inc., 214 A.D.3d 1287 (N.Y. App. Div. 3d Dep't 2023). “Appeal from a decision of the Workers' Compensation Board, filed November 5, 2021, which, among other things, ruled that the reopening of the claim was barred by Workers' Compensation Law § 123. Claimant established a workers' compensation claim for injuries to her back and neck…”
Matter of Phillips v. Milbrook Distrib. Servs., 199 A.D.3d 1184 (N.Y. App. Div. 3d Dep't 2021). “, 182 AD3d 121, 128 [2020], quoting Workers' Compensation Law § 15 [6-a]; see Workers' Compensation Law § 123; 12 NYCRR 300.”
Matter of Morgan v. DR2 & Co. LLC, 189 A.D.3d 1828 (N.Y. App. Div. 3d Dep't 2020). “In addition, we find no merit to claimant's contention that the Board erroneously declined to exercise its continuing jurisdiction under Workers' Compensation Law § 123 and grant her request for a rehearing in the interest of justice based upon the Board's September 6, 2016…”
Matter of Randell v. Christie's Inc., 183 A.D.3d 1057 (N.Y. App. Div. 3d Dep't 2020). “Footnotes Footnote 1: While these appeals were pending in this Court, the Board, pursuant to Workers' Compensation Law §§ 123 and 142, amended the October 10, 2018 decision in claim No.”
Matter of King v. City of N.Y. Parks & Rec., 191 A.D.3d 1048 (N.Y. App. Div. 3d Dep't 2021). “Following a hearing, a Workers' Compensation Law Judge (hereinafter WCLJ) issued a December 13, 2017 decision authorizing medical treatment and care but found that there had been a true closing of claimant's case and, thus, Workers' Compensation Law § 123 applied to preclude…”
Matter of Hale v. Rochester Tel. Corp., 182 A.D.3d 961 (N.Y. App. Div. 3d Dep't 2020). “Nevertheless, the Board has continuing jurisdiction over each case, and it may modify or change an award "as in its opinion may be just" (Workers' Compensation Law § 123). Further, "[u]pon its own motion or upon the application of any party in interest, on the ground of a change…”
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