2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 9 - (200 - 242) DISABILITY BENEFITS
206 - Non-duplication of benefits.


NY Work Comp L § 206 (2012) What's This?
 
    §  206.  Non-duplication  of benefits. 1. No benefits shall be payable
  under section two hundred four or two hundred seven:
    (a) in a weekly benefit amount which, together with  any  amount  that
  the  employee  receives or is entitled to receive for the same period or
  any part thereof as a permanent disability benefit or annuity under  any
  governmental  system  or  program,  except  under a veteran's disability
  program, or under any permanent  disability  policy  or  program  of  an
  employer  for  whom  he has performed services, would, if apportioned to
  weekly periods, exceed his weekly  benefit  amount  hereunder,  provided
  however, that there shall be no offset against the benefits set forth in
  this  article  if  the  claim  for  disability  benefits  is  based on a
  disability other than the permanent disability for which  the  aforesaid
  permanent disability benefit or annuity was granted;
    (b) with respect to any week for which payments are received under the
  unemployment  insurance law or similar law of this state or of any other
  state or of the United States;
    (c) subject to the provisions of subdivision two of this section,  for
  any  period  with  respect  to  which  benefits,  compensation  or other
  allowances (other than workmen's compensation benefits for  a  permanent
  partial  disability occurring prior to the disability for which benefits
  are claimed hereunder) are paid  or  payable  under  this  chapter,  the
  volunteer  firemen's  benefit  law,  or any other workmen's compensation
  act, occupational disease act or similar law, or  under  any  employers'
  liability  act  or  similar law; under any other temporary disability or
  cash sickness benefits act or similar law;  under  section  six  hundred
  eighty-eight,  title  forty-six,  United  States code; under the federal
  employers' liability act; or under the maritime doctrine of maintenance,
  wages and cure.
    2. If an employee who is  eligible  for  benefits  under  section  two
  hundred  three  or  two  hundred  seven  is  disabled and has claimed or
  subsequently claims workers' compensation benefits under this chapter or
  benefits under the volunteer firefighters' benefit law or the  volunteer
  ambulance  workers'  benefit  law, and such claim is controverted on the
  ground that the employee's disability was not caused by an accident that
  arose out of and in the course of his employment or by  an  occupational
  disease,  or  by an injury in line of duty as a volunteer firefighter or
  volunteer ambulance worker, the employee shall be entitled in the  first
  instance  to  receive benefits under this article for his disability. If
  benefits have been paid under this article in respect  to  a  disability
  alleged  to have arisen out of and in the course of the employment or by
  reason of an occupational disease, or in line of  duty  as  a  volunteer
  firefighter  or a volunteer ambulance worker, the employer or carrier or
  the chairman making such payment  may,  at  any  time  before  award  of
  workers'  compensation  benefits, or volunteer firefighters' benefits or
  volunteer ambulance workers' benefits, is made, file with  the  board  a
  claim  for  reimbursement  out  of  the  proceeds  of  such award to the
  employee for the period for which disability benefits were paid  to  the
  employee under this article, and shall have a lien against the award for
  reimbursement, notwithstanding the provisions of section thirty-three of
  this  chapter  or  section  twenty-three  of the volunteer firefighters'
  benefit law or section twenty-three of the volunteer ambulance  workers'
  benefit  law  provided  the  insurance carrier liable for payment of the
  award receives, before such award is made,  a  copy  of  the  claim  for
  reimbursement from the employer, carrier or chairman who paid disability
  benefits,  or  provided  the  board's  decision  and  award directs such
  reimbursement therefrom.

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