iness criteria are met. However, the Board has clearly stated, on more than one occasion, that a medical provider is neither a party, nor a “party in interest” (a WC term of art for these purposes). Indeed, the Board calls the case law “well settled” that a medical provider is not a party pursuant to WCL Sec. 23 and thus cannot appeal, or rebut an appeal, from a WCLJ’s decision. <u>Matter of Bausch &amp; Lomb</u>, 2000 NY Wrk Comp 79613525. The Board has held that a medical provider is not a “party” for the purpose of WCL Sec. 114-a(3) and thus cannot be penalized for presenting a frivolous argument to the Board through a variance or authorization request. , 2016 NY Wrk. Comp. 1500020. In fact, the Board has gone so far as to say that a medical provider, even when his or her own treatment is at issue, need not be served a copy of an appeal relating to that treatment. <u>Metropolitan Hospital</u>, 2014 NY Wrk. Comp. 0428844. If you are not subject to the jurisdiction of the Board for the purpose of a penalty for a frivolous objection, and if for all other enumerated purposes you are not a “party” or a “party in interest,” then you cannot lodge an objection to a Proposed Decision.