2006 New York Code - Settlement Of Disputes.

 
    §  11.  Settlement of disputes. Any question of law or fact arising in
  regard to the application of the plan in  determining  the  compensation
  payable  thereunder or otherwise shall be determined either by agreement
  or by arbitration, or by an action at law as herein  provided.  In  case
  the  employer  shall  be  in  default  in  any of his obligations to the
  employee  under  the  plan,  the  injured  employee  or  his  committee,
  conservator  or  guardian,  if  such  be  appointed,  or his executor or
  administrator, may then bring an action to  recover  compensation  under
  the  plan  in  any  court  having  jurisdiction  thereof as on a written
  contract. Such action shall be conducted in the same manner as an action
  at law for the recovery of damages for breach of a written contract, and
  shall for all purposes, including the determination of jurisdiction,  be
  deemed  such  an  action.  The  judgment in such action, in favor of the
  plaintiff, shall be for a lump sum equal to the amount of  the  payments
  then  due  and  prospectively  due  under the plan. In such action by an
  executor or administrator the judgment may provide  the  proportions  of
  the  award  or  the  costs  to  be distributed to or between the several
  dependents. If such determination is not made it shall be determined  by
  the  surrogate's  court  by  which  such  executor  or  administrator is
  appointed, in accordance with the terms of this article on  petition  of
  any party on such notice as such court may direct.