Compensation Claims Referee
- Written Test To Be Held
- March 19, 2022
You may be assigned to either Saturday or Sunday to take your test.
You cannot request or change your scheduled day.
- Applications Must Be Submitted or Postmarked By
- February 09, 2022
|Exam Number||Exam Title||Salary||Salary Grade||Non−Refundable Processing Fee (Waivers available)|
|26-763||Compensation Claims Referee||$100,960||SG-28||$45|
Please be advised that effective December 1, 2021 the New York State Department of Civil Service will have a mandatory COVID-19 vaccination/testing policy for in-person examinations administered at a New York State test center. For more information, you can access the full policy on the Department of Civil Service website.
Due to current testing space limitations, candidates may need to travel to one of the following test sites to take this examination: Albany, Buffalo, Nyack, Port Jefferson, Poughkeepsie, Syracuse, and an additional downstate location. Candidates will be notified of their test site location on their admission notice.
Appointees who work in the five boroughs of New York City or in Nassau, Suffolk, Rockland, or Westchester Counties will receive an additional $3,026 annual downstate adjustment.
On or before March 19, 2022, you must have five years of full-time, professional level legal experience, subsequent to admission to the New York State Bar, which must have included three years of full-time experience as follows:
Either 1. in the practice of Workers’ Compensation Law, Volunteer Firefighters’ Benefit Law, Volunteer Ambulance Workers’ Benefit Law, Personal Injury Law, or Insurance Claims Law. Qualifying experience includes: experience as an attorney representing claimants, workers’ compensation insurance carriers, self-insured employers, State Insurance Fund, or the Special Funds Conservation Committee before the Workers’ Compensation Board; experience as an attorney representing plaintiffs or defendants in personal injury actions; experience as an attorney representing applicants in social security disability matters;
Or 2. as a judge in a court of record; or as an administrative hearing officer presiding over adversarial proceedings, arbitration, or fact finding within a private or public tribunal. Qualifying experience includes: experience as an administrative law judge with a federal, state, or municipal agency; experience as a city court, town, or village justice;
Or 3. a combination of experience as noted in 1 and 2.
Important: Your application must include the date and location of all Bar admissions (State of New York) and that you are in good standing. You must fully describe your experience to show how you qualify for this examination. Vagueness and/or omission will NOT be interpreted in your favor.
Failure to clearly demonstrate how you meet the Minimum Qualifications for this examination will result in disqualification.
- Admission to the New York State Bar and current attorney registration to practice in New York State is necessary for appointment and continued employment. Failure to maintain attorney registration, disbarment, or suspension from the practice of law may result in the termination or suspension of your employment.
- A promotion examination is also being held for these positions. If you are eligible for appointment from a promotion list, you may not be appointed in your own agency from the list resulting from this examination open to the public.
- Although a promotion examination is being held, it is expected that appointments will be made as the result of this examination open to the public.
- Travel Requirements: You may be required to travel to itinerant hearing points. Appointees to these positions may be required to operate a motor vehicle or otherwise demonstrate their capacity to meet the transportation needs of the job. If the position requires that you operate a motor vehicle, you must possess a driver's license valid in New York State at the time of appointment and continuously thereafter. Field work and travel expenses are reimbursed on a fixed schedule.
- Background Investigation: Because of the nature of the position, there is an investigative screening that may include a thorough character investigation. All convictions must be reported. Conviction of a felony or misdemeanor or any falsified or omitted information may bar appointment or result in removal after appointment. Each case is determined on its own merits, consistent with the applicable provisions of State and federal laws.
- Qualifying part-time and volunteer experience, which can be verified, will be accepted on a prorated basis.
- New York State residence is not required.
These positions exist in the New York State Workers' Compensation Board in Binghamton, Brooklyn, Buffalo, Garden City, Harlem, Hauppauge, Jamaica, Menands, Newburgh, Rochester, Schenectady, Syracuse, and White Plains.
As a Compensation Claims Referee, you would utilize legal research techniques, including various computer applications to render decisions on claims arising under the Workers' Compensation Law, Disability Benefits Law, Volunteer Firefighters' Benefit Law, Volunteer Ambulance Workers' Benefit Law and Paid Family Leave Act; conduct meetings, conferences, formal hearings, and pre-hearing conferences with claimants, representatives, and carriers and employers when appropriate and necessary for the resolution of a claim; identify issues in controversy; consider and evaluate documentary and testimonial evidence; assure verbatim record is maintained through proper operation of recording equipment and applications; place witnesses under oath and hear and evaluate lay and medical testimony; direct, consider, and evaluate depositions; direct reimbursement to disability benefits carriers in controverted Workers' Compensation cases; order reimbursements to employers for advance payment of compensation; direct the investigation of occupational disease cases; order medical examinations and rehabilitation evaluations of claimants; evaluate applications for attorneys' fees; impose penalties; review stipulations and waiver agreements; issue orders of the chair; and prepare and review proposed decisions under the administrative and conciliation processes. You would also preside over discrimination hearings where it is alleged an employer fired or discriminated against an employee for filing or attempting to file a workers' compensation or disability benefits claim; conduct hearings relating to denials of medical treatment or other benefits; rule on legal objections to medical bills raised by carriers; and preside over cases in which it is alleged that the employer is not insured.
Subject of Examination
There will be a written test which you must pass in order to be considered for appointment. The written test is designed to test for knowledge, skills, and/or abilities in such areas as:
- Analyzing and evaluating information - These questions test for the ability to analyze, interpret, and draw reasonable conclusions from information presented in text, data, images or symbols. This may involve identifying a significant problem or issue; focusing on relevant data and text; identifying trends, relationships, and significant features; assessing relevant alternatives; suggesting or evaluating possible conclusions; and applying logical principles to information provided. You should bring with you a hand-held battery- or solar-powered calculator for use on this test. You will not be permitted to use the calculator function of your cell phone.
- Educating and interacting with the public - These questions test for knowledge of techniques used to interact effectively with individuals and/or community groups, to educate or inform them about topics of concern, to publicize or clarify agency programs or policies, to negotiate conflicts or resolve complaints, and to represent one's agency or program in a manner in keeping with good public relations practices. Questions may also cover interacting with others in cooperative efforts of public outreach or service.
- New York State Workers' Compensation law, rules and regulations and case law - These questions test for a basic knowledge of Articles 1, 2, 3, 3A, 4, 7, 8-A, and 9 of the Workers' Compensation Law (excluding the Volunteer Firefighters' Benefit law and the Volunteer Ambulance Workers' Benefit Law) and the Paid Family Leave Act in effect on January 1, 2020. These questions also test for the ability to recognize fact patterns and apply the appropriate legal precedent (the cases presented in these questions contain the fact patterns of actual Workers' Compensation cases decided in New York State courts in effect on January 1, 2020).
- Preparing reports and official documents - These questions test for the ability to prepare reports and other official documents for use within and among governmental agencies, in legal or regulatory settings, or for dissemination to the public. Some questions test for a knowledge of grammar, usage, punctuation, and sentence structure. Others test for the ability to present information clearly and accurately, to use the proper tone, and to organize paragraphs logically and comprehensibly.
- Principles, practices and procedures pertaining to administrative law and related rules of evidence - These questions test for knowledge of principles, practices and procedures used in administrative proceedings, and related rules of evidence, in addition to assessing the ability to render findings of fact.
Your final score must be 70 or higher in order to pass. Your final score on the eligible list will be determined after adding any wartime Veterans' and Civil Service Law Section 85-a credits.
Note: The Department of Civil Service may administer tests either online or with paper booklets and answer sheets. Online tests may be administered using Remote Proctoring. The announcement will indicate if remote proctoring is being offered. Information on remote proctoring is available on our website at:www.cs.ny.gov/testing/remote-proctoring.cfm.
Admission to the Test: If approved, you will receive an admission notice which will indicate your assigned test date and the way your test will be administered. Your test may be administered with paper and pencil, online at a state test site using a State-provided Chromebook, or online at home on your personal equipment using Remote Proctoring Software. You cannot request to change your scheduled day or request a specific type of test administration.
Applicants are required to have a Personal NY.gov account and keep their email address up to date. The Department of Civil Service and other state agencies will communicate with you through email correspondence. This may include the notification of your test arrangements, examination results, and canvassing you for interest in appointment. It will be important for you to keep your email address, phone number, and mailing address current by logging into https://www.cs.ny.gov/home/myaccount.
How To Apply
|Important: Unless waived, you must pay the non-refundable processing fee. For information on fee waivers, visit https://www.cs.ny.gov/examannouncements/types/oc/appinfo.cfm##Fee. Any past due application processing fees must be paid in full prior to submitting an application. Please email FeeUnitMail@cs.ny.gov regarding inquiries about any past due fee. It is important that you verify that you entered the correct examination number and title on your online or paper application prior to submitting. If you apply online, you should immediately review your email confirmation notice to verify that you applied for the correct examination.|
New York State is an Equal Opportunity Employer
It is the policy of the State of New York to provide for and promote equal opportunity employment, compensation, and other terms and conditions of employment without unlawful discrimination on the basis of age, race, color, religion, disability, national origin, gender, sexual orientation, veteran or military service member status, marital status, domestic violence victim status, genetic predisposition or carrier status, arrest and/or criminal conviction record, or any other category protected by law, unless based upon a bona fide occupational qualification or other exception.
Appointment to many positions in State government require candidates to undergo an investigative screening. This may include a thorough character investigation, a Federal Bureau of Investigation Criminal Record History Check, a Child Abuse Registry clearance, or other similar procedures. Candidates may be fingerprinted and may be required to pay any necessary fees for that procedure. Depending on the nature of the job, the criminal convictions discovered, or any falsified or omitted information revealed, the investigative findings may bar appointment or result in removal after appointment.
Eligibility for Employment
You must be legally eligible to work in the United States at the time of appointment and throughout your employment with New York State. If appointed, you must produce documents that establish your identity and eligibility to work in the United States, as required by the federal Immigration Reform and Control Act of 1986, and the Immigration and Nationality Act.
Most written tests are held on Saturdays. If you cannot take the test on the announced test date, due to a conflict with a religious observance or practice, check the box under “Religious Accommodation.” We will make arrangements for you to take the test on a different date (usually the following day).
Reasonable Accommodations in Testing
It is the policy of the Department of Civil Service, in accordance with the New York State Human Rights Law and the Americans with Disabilities Act, to provide qualified persons with disabilities equal employment opportunity and equal opportunity to participate in and receive the benefits, services, programs, and activities of the Department. It is the policy of the Department to provide such persons reasonable accommodations and reasonable modifications as are necessary to provide equal opportunity. Persons with disabilities who require an accommodation to participate in an examination must note this on their application. Further information is available from the Test Administration Unit of the Department of Civil Service. In the Albany area, call 518-457-2487. Outside of the Albany area, call toll free at 1-877-697-5627. For TDD services, call NY Relay at 711 (requires a fee) or 1-800-662-1220.
Individuals who apply to take an in-person Civil Service examination and who wish to request an exemption to the Department's COVID-19 vaccination/testing policy due to a medical reason or sincerely held religious belief, practice, or observance, must check the box on the application under "Other Accommodations" and will be required to provide appropriate documentation. Candidates granted an exemption will be offered the opportunity to take the examination via Remote Proctoring - a secure, web-based test delivery method that uses professional test proctors and technology to monitor applicants using a web camera as they complete an examination.
Admission to Examination
Notice to appear for the test may be conditional as review of applications may not be made until after the test. If you have not received your notice to appear for the written test three days before the date of the test, email us at AdmissionNotices@cs.ny.gov. Please provide your first and last name, address, and the last four digits of your social security number, and we will provide you with the information you need to attend your written test. If you have an issue other than not receiving your admission notice, please contact our office at (518) 474-6470 in the Albany area or toll free at 1-877-697-5627. Please leave a clear concise message and provide your first and last name, last four digits of your social security number and a daytime phone number.
Taking State and Local Examinations Scheduled for the Same Day
If you have applied to take a written test announced by either one or several local jurisdictions (county, town, city) scheduled to be held on the same test date as this written test, you must notify each of the local jurisdictions no later than two weeks before the test date to make arrangements for taking all tests at one test site. All tests will be held at the state examination center. For your convenience, contact information for all local civil service agencies is available on our website at: https://www.cs.ny.gov/jobseeker/local.cfm.
Cell Phones or Electronic/Communication Devices at the Test Site
The use of cell phones, beepers, headphones, or any electronic or other communication devices at your personal testing site or in the test room, hallways, restrooms, building, grounds, or other areas, except as expressly authorized by the Department of Civil Service, could result in your disqualification.
This announcement is subject to amendment or cancellation without notice. Do not copy it, or post it to any other site, but link to it instead.