Senior Compensation Claims Referee, WCB Item #3645

Duties Description Under the general guidance of the General Counsel and the Deputy General Counsel, in charge of the Adjudication Quality Assurance Division of the Office of General Counsel, a Senior Compensation Claims Referee will measure and ensure quality in the adjudication and conciliation processes of the Workers' Compensation Board through the regular and full time use of performance audits, spot checks of work product, on-site observation of hearings or meetings, one-on-one or classroom training and on-the-job mentoring of law judges (WCLJs) and conciliators within a given geographic region. General Responsibilities Include Guide, direct and supervise the legal work product of grade 28 WCLJs and grade 25 conciliators assigned to District Offices within the supervisory jurisdiction. Maintain excellence in adjudication processing through adherence to high standards of quality and timeliness in case handling. Ensure cases are handled consistently with statute, regulations, Board determinations judicial case law and Board procedures. Provide for effective communication between WCLJs, conciliators and operations staff, and coordinate work product to ensure consistent interpretation of case law, statute, rules, regulations and policy in the rulings filed by the WCLJs and within the proposed decisions filed by the conciliators. Conduct regular periodic individual supervisory sessions with WCLJs and conciliators to review and discuss work performance. As assigned, travel to district offices to review the performance of WCLJs and conciliators in order to ensure compliance with standards of quality, productivity, practices, procedures and instruction. Particular Responsibilities Include Direct and supervise the preparation of attorney work product in adjudication and conciliation. Direct all activities relating to quality of hearings conducted by WCLJs on workers' compensation, disability benefits, volunteer firefighters benefit cases and discrimination cases. Monitor all activities relating to resolution of such cases by conciliation processing. Review WCLJ performance according to established standards; provide informed direction and guidance; assure that cases are conducted in accordance with proper professional standards and in conformance with law and procedure; assure that cases are handled timely. Examine WCLJs' Cases (days Return) On a Periodic Basis To Determine Quality Of Decisions, Actions And Adherence To Board Policy Concerning, Among Other Things o unnecessary adjournments; imposition of penalties; excessive special trials; closing or resolution rates; adherence to instruction; knowledge of WCL, Rules and Regulations. Observe WCLJs on calendar on a regular basis to assess: o control of the courtroom; judicial demeanor; adherence to Board Procedures and Policy; handling of claimants, attorneys and interested parties appearing before the Board; conformance with Code of Conduct and Standards of Civility; knowledge of WCL, Rules and Regulations. Assist and cooperate with District Administrator in effectively planning and assigning workload to WCLJs to assure coverage of all hearing parts. Assist in assuring that division clerical staff operates effectively and efficiently so that all necessary support work is in order for hearings to proceed properly. Assist in the functional control and supervision of WCLJs and conciliators in the District Offices.As assigned, travel within geographic region of District to review on-site WCLJ and conciliator functions and performance and the overall operation of the hearing and conciliation processes to ensure compliance with Board policy, procedure and priorities. Assure adherence to proper practices, procedures and technical instructions. Provide informed guidance to WCLJs and conciliators. Conduct all aspects of individual performance evaluations; noting weaknesses and deficiencies and initiating remedial measures. Evaluate work output to ensure heightened productivity in the adjudication and conciliation of cases. Regularly Audit The Quality Of Performance By WCLJs And Conciliators By Reviewing Random Samples Of Case Files, Conducting Unannounced On-site Observation, And Utilizing Other Monitoring Techniques In Order To Ensure proper judicial conduct, demeanor and temperament;correct WCLJ decisions and rulings;compliance to law and Board policies;judicial/conciliation efficiency and productivity;correct conciliation work product;correct implementation and application of Board procedures and instructions; Prepare written reports on findings from quality audits. Conduct training and instruct WCLJs and conciliators regarding precedents, case law, opinions, policies, rules, regulation and new legislation useful in the generation of legally correct and sustainable rulings, decisions and proposed decisions. Identify need for and implement training, individual or classroom, for the WCLJs and conciliators. Direct the development of training programs for conciliators focusing on mediation/ negotiation skills as well as on the development of interpersonal skills and techniques for staff attorneys. Assist officials of other bureaus and offices of the Board. Maintain cooperative work relationships. Make appropriate contributions in regard to solving problems of mutual concern. When assigned, preside as law judge on calendars where the claimants are employees of the State Insurance Fund or the Workers' Compensation Board, in any special part for expedited hearings, and as substitute law judge due to an emergency or other contingency. Conduct hearings in accordance with established professional standards and appropriate exercise of judicial temperament. Conduct hearings in accordance with established standards of technical competence. Dispose of cases timely. Under the direction of the Deputy Counsel, assist in the following tasks:Planning for, scheduling and assigning workloads for the referees in the District Offices.Consulting with and advising WCLJs and conciliators on technical matters of law as well as proper hearing and conciliation procedures.Indoctrinating and training new WCLJs and conciliators.Reviewing work from the standpoint of form production, technical sufficiency and conformance with the Workers' Compensation Law and the Disability Benefits Law.Instructing WCLJs and conciliators on latest court decisions, precedents, policy and procedures by means of periodic staff meetings. Assist the Chair, General Counsel or Deputy Counsel in meetings with employers, union spokespersons, insurance carriers, physicians and other constituents for the purpose of advising on the policies, rules, regulations, and procedures of the Board.Maintain good working relationships with constituents of process. Effectively handle inquiries in an informed and cooperative manner in regard to rules, regulations and procedures of the Board. Report to the Deputy Counsel any complaints regarding the conduct of WCLJs and conciliators. Where the conduct involves a possible violation of the Code of Conduct for Administrative Law Judges, the Public Officers Law, the Code of Professional Responsibility or the advisory opinions of the State Ethics Commission, also report such conduct to the Ethics Officer for the Board. At the direction of the Deputy Counsel, investigate complaints regarding conduct of WCLJs and conciliators and submit a completed report in a timely manner.Investigate complaints in extensive and thorough manner, maintain the utmost discretion and tact in full awareness of the sensitivity of the matter, complete and report investigations timely. Assist in the development of standards governing uniform statewide operations and review activities to determine conformity; effect necessary administrative and organizational changes. Identify, research and evaluate new ideas, techniques, practices and systems which may be of value in more efficiently and effectively handling cases for hearing or conciliation. Carry out related functions as assigned. Please note that the listed starting salary includes an additional location pay differential of $4,150. Minimum Qualifications Candidates must be reachable on the appropriate Civil Service eligible list. OR Candidates must have one year permanent competitive or non-competitive 55 b/c service as a Senior Compensation Claims Referee or be eligible to transfer under section 52.6 of the Civil Service Law. OR Non-Competitive Promotion Qualification You must be a qualified employee of the New York State Workers' Compensation Board and have had 1 year of permanent competitive, non-competitive, or 55-b/55-c service as a Compensation Claims Referee. If the number of eligible interested candidates is three or less, the agency, at its discretion, may nominate a candidate for a non-competitive promotion under the provisions of Section 52.7 of the Civil Service Law. If approved by Civil Service, this would be considered a permanent appointment. In order to be eligible for an NCP, candidates must be an employee of the Workers’ Compensation Board (WCB) and have one year of permanent, competitive service as a Compensation Claims Referee, SG-28. OR Provisional Qualifications You must be a qualified employee of the New York State Workers' Compensation Board and have had 1 year of permanent competitive or 55-b/55-c service as a Compensation Claims Referee. If appointed provisionally, the incumbent will need to take the next Civil Service examination for this title and pass with a score that will be immediately reachable on the resulting eligible list. Failure to take, pass and achieve a reachable score on the examination may result in revocation of the appointment. Additional Comments Please Note: This position requires both in-office and remote work. A hybrid telecommuting schedule can be discussed with the hiring manager during the interview. We offer a work-life balance and a generous benefits package, including: Holiday & Paid Time Off Thirteen (13) paid holidays annually. Thirteen (13) days of paid vacation leave in year one, increasing to 20+ days with additional years of service. Five (5) days of paid personal leave annually. Thirteen (13) days of paid sick leave annually for PEF/CSEA and eight (8) days paid sick leave annually for M/C. Annual professional leave and educational leave opportunities for eligible staff. Health Care Benefits Eligible employees and dependents can choose from a variety of affordable and generous health insurance programs. Family dental and vision benefits at no additional cost. Additional Benefits Public Service Loan Forgiveness (PSLF). Enrollment in the New York State pension system which has earned the distinction of being one of the best-managed and best-funded plans in the nation OR Optional Retirement Defined Contribution Plan with 8% salary match (eligibility requirements apply). NYS Deferred Compensation and an exclusive 403(b) Optional Retirement Savings Plan. Paid Parental Leave for all employees and Paid Family Leave (M/C Only). Eligibility for various life insurance options. Access to NY 529 and NY ABLE College Savings Program Flexible Spending Program, which allows employees to set aside pre-tax payroll deductions for eligible health care and dependent care expenses. For new State employees appointed to graded positions, the annual salary is the hiring rate (beginning of the Salary Range) of the position. Promotion salaries are calculated by the NYS Office of the State Comptroller in accordance with NYS Civil Service Law, OSC Payroll rules and regulations and negotiated union contracts. The Workers’ Compensation Board (Board) is an equal opportunity employer. The Board does not discriminate based upon age, race, creed, color, national origin, sexual orientation, gender identity or expression, religion, military or veteran status, sex, disability (including pregnancy-related conditions), predisposing genetic characteristics, familial status, marital status, status as a victim of domestic violence, or other applicable legally protected characteristics. The Board is dedicated to eliminating injustices and ensuring diversity in our workforce so we can better serve our staff and create a space where all feel safe to be themselves. To help meet those goals, we encourage applicants from marginalized communities to apply. We are looking for candidates who are committed to working in and contributing to an environment that fosters a sense of belonging, as well as inclusion, and celebrates people of all backgrounds, identities, experiences, and perspectives. We encourage candidates to review our Core Values to learn more about the principles that guide our work and our commitment to serving New Yorkers. https://www.wcb.ny.gov/content/main/TheBoard/InfoAbout.jsp We are happy to provide reasonable accommodations during the hiring process. If you have a disability or special need that requires a reasonable accommodation, please send a request to officeofgeneralcounsel@wcb.ny.gov.