2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 9 - (200 - 242) DISABILITY BENEFITS
205 - Disabilities and disability periods for which benefits are not payable.


NY Work Comp L § 205 (2012) What's This?
 
    §  205. Disabilities and disability periods for which benefits are not
  payable. No employee shall be entitled to benefits under this article:
    1. For more  than  twenty-six  weeks  during  a  period  of  fifty-two
  consecutive calendar weeks or during any one period of disability;
    2.  for any period of disability during which an employee is not under
  the care of a duly licensed physician  or  with  respect  to  disability
  resulting  from a condition of the foot which may lawfully be treated by
  a duly registered and licensed podiatrist of the state of  New  York  or
  with  respect  to  a  disability  resulting  from  a condition which may
  lawfully be treated by a duly registered and  licensed  chiropractor  of
  the  state  of New York or with respect to a disability resulting from a
  condition which may lawfully be treated by a duly  licensed  dentist  of
  the  state  of New York or with respect to a disability resulting from a
  condition which may  lawfully  be  treated  by  a  duly  registered  and
  licensed  psychologist  of  the  state  of New York or with respect to a
  disability resulting from a condition which may lawfully be treated by a
  duly certified nurse midwife, for any period of such  disability  during
  which  an  employee  is  neither  under  the  care  of a physician nor a
  podiatrist, nor a chiropractor, nor a dentist, nor a psychologist, nor a
  certified nurse midwife; and for any period of disability  during  which
  an  employee  who  adheres  to  the  faith or teachings of any church or
  denomination and who in accordance with its creed, tenets or  principles
  depends  for  healing  upon  prayer through spiritual means alone in the
  practice of religion, is not under  the  care  of  a  practitioner  duly
  accredited  by  the  church  or denomination, and provided such employee
  shall submit to all physical examinations as required by this chapter.
    3. for any disability  occasioned  by  the  wilful  intention  of  the
  employee to bring about injury to or the sickness of himself or another,
  or  resulting  from any injury or sickness sustained in the perpetration
  by the employee of an illegal act;
    4. for any day of disability during which the employee performed  work
  for remuneration or profit;
    5.  for  any  day  of disability for which the employee is entitled to
  receive from his employer, or from a fund  to  which  the  employer  has
  contributed,  remuneration  or  maintenance  in  an  amount  equal to or
  greater than that to which he would be entitled under this article;  but
  any  voluntary  contribution  or  aid  which  an employer may make to an
  employee or any supplementary benefit paid to an  employee  pursuant  to
  the provisions of a collective bargaining agreement or from a trust fund
  to  which  contributions  are  made  pursuant  to  the  provisions  of a
  collective bargaining agreement shall not  be  considered  as  continued
  remuneration or maintenance for this purpose;
    6.  for  any  period  in  respect to which such employee is subject to
  suspension or  disqualification  of  the  accumulation  of  unemployment
  insurance  benefit  rights,  or would be subject if he were eligible for
  such  benefit  rights,  except  for  ineligibility  resulting  from  the
  employee's disability;
    7.  for  any disability due to any act of war, declared or undeclared,
  if such act shall occur after June thirtieth, nineteen hundred fifty;
    8. for any disability commencing before the employee becomes  eligible
  to  benefits  hereunder  or  commencing  prior  to  July first, nineteen
  hundred fifty, but this shall not preclude benefits for recurrence after
  July first, nineteen hundred fifty, of  a  disability  commencing  prior
  thereto.

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