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New York Consolidated Laws

N.Y. Workers' Compensation Law § 22 (2026)

Modification of awards, decisions or orders

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 22. Modification of awards, decisions or orders. Upon its own motion
or upon the application of any party in interest, on the ground of a
change in conditions or proof of erroneous wage rate, the board may at
any time, subject to the limitations set forth in sections twenty-five-a
and one hundred and twenty-three of this chapter, review any award,
decision or order and, on such review, may make an award ending,
diminishing or increasing the compensation previously awarded, subject
to the maximum or minimum provided in this chapter, and shall
immediately send to the parties a copy of its decision, which shall
include a statement of the facts which formed the basis of its action.
No such review shall affect such award as regards any moneys already
paid, except that an award increasing the compensation rate may be made
effective from date of injury, and except that if any part of the
compensation due or to become due is unpaid, an award decreasing the
compensation rate may be made effective from the date of injury, and any
payments made prior thereto in excess of such decreased rate shall be
deducted from any unpaid compensation, in such manner and by such
methods as may be determined by the board.
Notes of Decisions
Cited in 8 cases (4 in the last 5 years), 2020–2021 · leading case: Matter of Jones v. Burrell Orchards, Inc., 184 A.D.3d 919 (N.Y. App. Div. 3d Dep't 2020).
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Matter of Jones v. Burrell Orchards, Inc., 184 A.D.3d 919 (N.Y. App. Div. 3d Dep't 2020). · cites it 3× “The WCLJ denied claimant's request to increase the average weekly wage in the injury claim, and claimant sought administrative review requesting that the injury claim be reopened pursuant to Workers' Compensation Law §§ 22 and 123 to increase the average weekly wage and to…”
Matter of Sanchez v. Jacobi Med. Ctr., 182 A.D.3d 121 (N.Y. App. Div. 3d Dep't 2020). “The Board has continuing jurisdiction to modify its prior decisions ( see Workers' Compensation Law §§ 22, 123), and doing so does not violate claimant's rights, especially where the prior awards were labeled as tentative and it should have been obvious that a definite or final…”
Matter of Hale v. Rochester Tel. Corp., 182 A.D.3d 961 (N.Y. App. Div. 3d Dep't 2020). “review any award, decision or order and, on such review, may make an award ending, diminishing or increasing the compensation previously awarded" (Workers' Compensation Law § 22). Although the Board erroneously applied to claimant's request the statutory provision regarding the…”
Matter of Gallagher v. Hines Interests Ltd. P'ship, 188 A.D.3d 1395 (N.Y. App. Div. 3d Dep't 2020). · cites it 2× “Claimant appeal. We affirm. It is within the Board's discretion whether to reopen a claim upon an application of any party in interest based upon — as is relevant here — proof of a change in condition ( see Workers' Compensation Law § 22; 12 NYCRR 300.”
Matter of O'Flaherty v. MRZ Trucking Corp., 194 A.D.3d 1205 (N.Y. App. Div. 3d Dep't 2021). “Additionally, consistent with the provisions of Workers' Compensation Law § 22, the Board may, "upon its own motion or upon the application of any party in interest, on the ground of a change in conditions, .”
Matter of King v. City of N.Y. Parks & Rec., 191 A.D.3d 1048 (N.Y. App. Div. 3d Dep't 2021). “Moreover, it is the Board that has continuing jurisdiction over each case, permitting it to modify or change an award or decision "as in its opinion may be just," subject to time limitations for closed cases (Workers' Compensation Law § 123; see Workers' Compensation Law § 22;…”
Matter of Whitney v. Pregis Corp., 200 A.D.3d 1257 (N.Y. App. Div. 3d Dep't 2021). “Footnote 2: We note that the Board still retains continuing jurisdiction to "make such modification or change with respect to former findings, awards, decisions or orders relating thereto, as in its opinion may be just" (Workers' Compensation Law § 123; see Workers' Compensation…”
Matter of Salinas v. Power Servs. Solutions LLC, 200 A.D.3d 1400 (N.Y. App. Div. 3d Dep't 2021). “org/d-a-vance-nyc-doi-commisssioner-nys-inspector-general-announce-indictment-of-unlicensed-labor-broker-for-million-dollar-insurance-fraud/).”
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