Sec. 328.5. Composition of arbitration committee

(a) In accordance with subdivision (2) of section 13-g of the Workers' Compensation Law, an arbitration committee shall comprise one physician designated on behalf of the claimant physician by the president of the medical society, one physician designated on behalf of the carrier by the rating board and one physician designated by the chairman, Workers' Compensation Board. The carrier may name an arbitrator of its own selection in any particular case, the nomination to be made through the rating board. The arbitrators designated by the rating board and the chairman, Workers' Compensation Board, shall be members of the Medical Society of the State of New York.

(b) The arbitrator designated by the chairman, Workers' Compensation Board, shall serve as chairman of the committee.