2013 New York Consolidated Laws
WKC - Workers' Compensation
Article 2 - (9 - 35) COMPENSATION
25 - Compensation, how payable.


NY Work Comp L § 25 (2012) What's This?
 
    §  25.  Compensation,  how payable. 1. When no controversy; penalties:
  failure to notify of cessation of payment; late payment of  installment.
  (a)  The compensation herein provided for shall be paid periodically and
  promptly in like manner as wages, and as it accrues, and directly to the
  person entitled thereto without waiting  for  an  award  by  the  board,
  including  those  cases  previously  established and closed by the board
  upon receipt of an application to reopen  such  case,  except  in  those
  cases  in  which  the  right  to  compensation  is  controverted  by the
  employer.
    (b) The  first  payment  of  compensation  shall  become  due  on  the
  fourteenth  day  of  disability  on  which  date  or  within  four  days
  thereafter all compensation then due shall be paid, and the compensation
  payable bi-weekly thereafter; but  the  board  may  determine  that  any
  payments  may  be  made  monthly  or at any other period, as it may deem
  advisable. An  award  of  compensation  payable  for  permanent  partial
  disability under paragraphs a through t, inclusive, of subdivision three
  of  section  fifteen  of this article, shall be payable in one lump sum,
  without commutation to present value upon the  request  of  the  injured
  employee.
    (c)  If  the  employer  or  insurance  carrier does not controvert the
  injured worker's  right  to  compensation  such  employer  or  insurance
  carrier  shall, either on or before the eighteenth day after disability,
  or within ten days after the employer first has knowledge of the alleged
  accident, whichever period is the greater, begin paying compensation and
  shall immediately notify the chair in  accordance  with  a  form  to  be
  prescribed   by  him,  that  the  payment  of  compensation  has  begun,
  accompanied by the further statement  that  the  employer  or  insurance
  carrier,  as  the case may be, will notify the chair when the payment of
  compensation has been stopped.
    (d) Whenever for any reason compensation payments cease, the  employer
  or  its  insurance carrier shall within sixteen days thereafter, send to
  the chair a notice on a form prescribed by the chair that  such  payment
  has  been  stopped,  which  notice shall contain the name of the injured
  employee or his or her principle dependent, the date  of  accident,  the
  date  to  which  compensation  has  been  paid  and  the whole amount of
  compensation paid. In case the employer or its insurance  carrier  fails
  so  to notify the chair of the cessation of payments within sixteen days
  after the date on which compensation has been paid, the board may impose
  a penalty upon such employer or its insurance carrier in the  amount  of
  three hundred dollars, which shall be paid to the claimant. Such penalty
  shall be collected in like manner as an award of compensation.
    (e)  If  the  employer  or  insurance  carrier  shall  fail to pay any
  installments of compensation within  twenty-five  days  after  the  same
  become  due,  there  shall  be  paid by the employer or, if insured, its
  insurance carrier,  an  additional  amount  of  twenty  percent  of  the
  compensation  then due which shall accrue for the benefit of the injured
  worker or his or her dependents and shall be paid to him or her or  them
  with  the  compensation,  unless such delay or default is excused by the
  board upon the application of the employer or insurance carrier upon the
  ground that owing to conditions over which  the  employer  or  insurance
  carrier  had no control, such payment could not be made. The employer in
  each such instance shall also be  assessed  the  sum  of  three  hundred
  dollars, which shall be paid to the claimant.
    (f)  Whenever  compensation  is  withheld solely because a controversy
  exists on the question  of  liability  as  between  insurance  carriers,
  surety  companies,  the  special  disability  fund, the special fund for
  reopened cases, or an employer, the board may direct that  any  carrier,
  surety  company,  the  special  disability  fund,  the  special fund for

  reopened cases shall immediately pay compensation and bills for  medical
  care  to  the  extent  payable  in  accordance with sections thirteen-g,
  thirteen-k,  thirteen-l  and  thirteen-m  of   this   chapter,   pending
  determination  of  such issue. Any such payment or payments shall not be
  deemed an admission against interest by  the  carrier,  surety  company,
  special  disability  fund  or the special fund for reopened cases. After
  final determination, the parties shall make  the  necessary  and  proper
  reimbursement  including  the  payment  of  simple  interest at the rate
  established by section five thousand four of the civil practice law  and
  rules in conformity with such determination.
    2.  Procedure  when compensation controverted; penalties: late filing;
  controversy without just cause. (a) In  case  the  employer  decides  to
  controvert  the right to compensation, it shall, either on or before the
  eighteenth day  after  disability  or  within  ten  days  after  it  has
  knowledge of the alleged accident, whichever period is the greater, file
  a  notice  with  the  chair,  on  a  form  prescribed by the chair, that
  compensation is not being paid, giving the name of the claimant, name of
  the  employer,  date  of  the  alleged  accident  and  the  reason   why
  compensation is not being paid.
    If  the  insurance  carrier  shall  fail  either  to  file  notice  of
  controversy or begin  payment  of  compensation  within  the  prescribed
  period or within ten days after receipt of a copy of the notice required
  in  section  one  hundred  ten  of this chapter, whichever period is the
  greater, the board may, after a hearing, impose a penalty in the  amount
  of  three  hundred  dollars,  which  shall  be  in addition to all other
  penalties provided for  in  this  chapter  and  shall  be  paid  to  the
  claimant.  Such penalty shall be collected in like manner as an award of
  compensation.
    (b) In the event the board shall notify an employer or  his  insurance
  carrier  that a workers' compensation case has been indexed against such
  employer, and the employer or insurance carrier  decides  to  controvert
  the  right  to compensation, a notice of controversy shall be filed with
  the chair within twenty-five days from the date of mailing of  a  notice
  that  the  case  has  been  indexed.  Failure  to  file  the  notice  of
  controversy within the prescribed twenty-five day time limit  shall  bar
  the  employer  and  its insurance carrier from pleading that the injured
  person was not at the time of the accident an employee of the  employer,
  or  that  the employee did not sustain an accidental injury, or that the
  injury did not arise out  of  and  in  the  course  of  the  employment.
  However,  the board, in the interest of justice, shall, upon the showing
  of good cause therefor, permit the filing or the amendment of  a  notice
  of  controversy  to  raise  an  issue  not theretofore raised because of
  mistake, inadvertence, omission, irregularity, defect  or  surprise,  or
  based upon newly discovered evidence.
    (c)  If the board shall upon a hearing determine that objections to an
  award  of  compensation  by  the  employer  or  insurance  carrier  were
  interposed  without  just  cause,  it  shall  state the grounds for such
  determination and shall require the employer or the insurance carrier to
  pay to the claimant, in addition to the amount presently due  under  the
  award, the sum of three hundred dollars.
    2-a.  Pre-hearing  conference.    (a)  In  any controverted case, upon
  receipt of the  notice  of  controversy,  the  board  shall  schedule  a
  pre-hearing  conference  before  a  referee  or  conciliator  as soon as
  practicable but not to exceed forty-five days after receipt of notice of
  controversy and a medical report referencing an injury. The board  shall
  give  notice  of  the pre-hearing conference to all parties. A party may
  appear at such  conference  pro  se,  or  by  an  attorney  or  licensed

  representative or other representative authorized by the board to appear
  on behalf of such party.
    (b) The purpose of the conference shall be to consider the following:
    (i)   confirmation  that  all  appropriate  forms,  including  medical
  reports, have been submitted and a verification that all information  on
  the forms is accurate;
    (ii) addition of any other necessary parties, where appropriate;
    (iii) simplification and limitation of factual and legal issues, where
  appropriate;
    (iv) presentation of a list of proposed witnesses, where appropriate;
    (v) scheduling the case for a hearing; and
    (vi) entering into a stipulation.
    (c)  The  referee or conciliator may continue the conference and order
  the production of any necessary reports, including,  where  appropriate,
  an  examination  by  a  carrier's  consultant.  At the conclusion of the
  conference, the referee or conciliator may issue a  written  order.  The
  referee  or  conciliator  may,  upon  agreement  of all parties, issue a
  decision which  shall  constitute  a  decision  of  the  board  for  all
  purposes.  If  a claimant shall be unrepresented, a decision issued by a
  referee upon agreement of all parties at a pre-hearing conference  shall
  not  become final until it shall have reviewed and approved by the chair
  or a referee of the board designated by the chair. Such  review  by  the
  chair  or  an  employee  of the board so designated shall occur no later
  than fourteen days from the date the proposed decision is submitted  for
  review and approval. The unrepresented claimant shall have ten days from
  receipt  of  notice  of such approval to withdraw from the agreement. If
  not withdrawn, such agreement shall constitute an award of the board for
  all purposes. Upon receipt of written notification of such withdrawal by
  the unrepresented claimant, the board shall rescind the decision made by
  the referee and  restore  the  case  to  the  regular  hearing  calendar
  process.  Such decision shall constitute a decision of the board for the
  purposes of section twenty-three of this article.
    (d) In cases where the claimant is represented by  an  attorney  or  a
  licensed  representative,  ten  days  before  the conference, each party
  shall file a conference statement noting the specific issues in dispute,
  including the information required in paragraph (b) of this subdivision.
  Discovery shall close at the end of the pre-hearing conference. Evidence
  not disclosed or obtained thereafter shall not be admissible unless  the
  proponent  of  the evidence can demonstrate that it was not available or
  could not have been discovered by the exercise of due diligence prior to
  the conference. If a claimant is unrepresented, the carrier  shall  file
  such a statement.
    (e)  Proceedings  in  the  pre-hearing  part  shall  be  conducted  in
  accordance with the rules promulgated by the chair or the board.
    2-b. Conciliation. (a) 1. There is hereby created within the  board  a
  conciliation  process. The conciliation process will permit claims to be
  handled on a more expeditious and informal basis and provide a mechanism
  for claims to be addressed without undue controversy.
    2. Conciliation may also address requests by hospitals, physicians  or
  other health care providers for payment of bills rendered by them in any
  case,  regardless  of  the  expected  duration  of benefits, pursuant to
  sections thirteen-g,  thirteen-k,  thirteen-l  and  thirteen-m  of  this
  article, and regardless of the dollar amount of the bill.
    (b)  Each  claim that is filed shall be reviewed for possible transfer
  for conciliation. Claims where the  expected  duration  of  benefits  is
  fifty-two  weeks  or  less  shall be transferred for conciliation within
  thirty days of receipt of  a  carrier's  response  to  notice  of  index
  required  under this section, except uncontested claims where there have

  been only temporary or minor injuries and where board appearance by  the
  claimant  is  unnecessary.  Such  minor  and uncontested claims shall be
  handled through a  motion  calendar  as  prescribed  by  the  rules  and
  regulations promulgated pursuant to this section.
    (c)  Upon  receipt  of  a  claim  for conciliation, a meeting shall be
  scheduled, if necessary, within thirty days with all  concerned  parties
  before a conciliation counsel.
    (d)  All  information relative to the claim shall be made available to
  all parties no later than five days before the meeting. This information
  shall include, but not be limited to medical records, wage  information,
  date  of  accident  or injury and the amount of time lost from work as a
  result of such accident or injury.
    (e) At such meeting the conciliation counsel shall promptly and  prior
  to  any  other  proceeding  authorized  under  this  section  inform any
  claimant participating in the meeting without benefit of  a  counsel  or
  licensed  representative  of their right to have representation present,
  their right to a reasonable adjournment to  procure  representation,  of
  their right to withdraw from any agreement at such meeting in accordance
  with  subdivision  (g)  of  this  section  and  such  other  and further
  information as the chair may require  to  insure  that  an  uncounselled
  claimant  fully  understands  the  conciliation process. After informing
  claimant in accordance with this subdivision, conciliation counsel shall
  request a written consent to participate  in  the  conciliation  process
  from  claimant,  and  if  such  claimant  declines  to  continue,  shall
  immediately cease the conciliation process and cause  the  claim  to  be
  restored to the regular hearing calendar process.
    (f)  After  reviewing  all  relevant information, conciliation counsel
  shall prepare a proposed decision which shall be sent  to  all  parties.
  Any  party  may  object  to  the proposed decision and request a hearing
  within thirty days of the  receipt  of  the  proposed  decision.  If  no
  objection  is  made  during such thirty day period the proposed decision
  shall constitute a final award of the board for all purposes except that
  it shall not be reviewable under sections twenty-two and twenty-three of
  this article. If any party objects to the proposed  decision,  the  case
  shall be transferred to the regular hearing calendar process.
    (g) If a claimant shall be unrepresented, the case shall not be agreed
  to  until  it  shall  have  been reviewed and approved by the chair or a
  referee of the board designated by the chair.  Such  decision  shall  be
  rendered  within  fifteen  days  of  receipt  of  the agreement from the
  conciliation bureau; provided, however, that a claimant shall  have  ten
  days  from  receipt  of  notice  of  such  approval to withdraw from the
  agreement. If approved, such agreement shall constitute an award of  the
  board  for  all  purposes  except  that it shall not be reviewable under
  sections  twenty-two  and  twenty-three  of  this  article.  Should  the
  agreement  be  disapproved  or  should  the  claimant  withdraw from the
  agreement as provided herein, the  case  shall  be  transferred  to  the
  regular hearing calendar process.
    (h)  After  the  proposed decision has become final, the carrier shall
  make payments of any award as required in the decision within ten  days.
  If,  however,  the carrier does not make the payments as required in the
  decision within ten days of the date  in  which  the  proposed  decision
  becomes  final, the chair shall impose of a fine of five hundred dollars
  for failure to live up to the terms of the  decision  upon  verification
  that  payment  has  not  been timely made. Of that amount, three hundred
  dollars shall be made payable to the claimant and  two  hundred  dollars
  shall  be  payable  to the board for the operation and administration of
  this chapter.

    (i) If, in any case which has  been  addressed  by  conciliation,  the
  claimant  requires  additional  medical  care  beyond  that agreed to or
  requires benefit  payments  beyond  that  agreed  to,  the  meeting,  if
  necessary,  shall  be  reconvened within thirty days from the receipt of
  information  demonstrating  the  need  for  additional  medical  care or
  benefit payments. If it is determined that the claimant's condition  may
  continue  for  a period of time which is more than six months, such case
  shall be reopened and transferred to the regular hearing  calendar.  If,
  however,   it  is  determined,  based  on  medical  evidence,  that  the
  claimant's condition will improve in less  than  six  months,  the  case
  shall remain in conciliation.
    2-c.  Collective  bargaining;  alternative dispute resolution. (a) For
  the purposes  of  employments  classified  under  sections  two  hundred
  twenty, two hundred forty and two hundred forty-one of the labor law, an
  employer   and   a   recognized   or   certified   exclusive  bargaining
  representative of its employees  may  include  within  their  collective
  bargaining  agreement  provisions  to  establish  an alternative dispute
  resolution system to resolve claims arising under this chapter.
    Any collective bargaining agreement or agreement entered into  by  the
  employee and an employer which purports to preempt any provision of this
  chapter or in any way diminishes or changes rights and benefits provided
  under  this chapter, except as expressly provided herein, shall be null,
  void and unenforceable.
    (b) Except as specifically provided in this  subdivision,  nothing  in
  this  section  or  any  collective bargaining agreement providing for an
  alternative dispute resolution  system  for  the  resolution  of  claims
  arising  under  this chapter shall preempt any provision of this chapter
  or in any way diminish or change any benefits to which an  employee,  or
  his  or  her  dependents,  or  survivors may be entitled pursuant to the
  provisions of this chapter.
    (c) The collective bargaining agreement may  establish  the  following
  obligations and procedures:
    (i)  an  alternative  dispute  resolution  process  to  resolve claims
  arising under this chapter, which may include  but  is  not  limited  to
  mediation or arbitration;
    (ii)  the  use  of  an  agreed managed care organization as defined in
  section one hundred twenty-six of this chapter or a list  of  authorized
  providers  for  medical  treatment, which may be the exclusive source of
  all medical and related treatment provided under this chapter;
    (iii) the use of an  agreed  list  of  authorized  providers  for  the
  purpose  of  providing  medical opinions and testimony, which may be the
  exclusive source of all such medical opinions and testimony  under  this
  chapter;
    (iv) benefits for injured workers, their dependents or their survivors
  supplemental to those provided under this chapter;
    (v) a light duty, modified job, or return to work program;
    (vi) a vocational rehabilitation or retraining program; and
    (vii) worker injury and illness prevention programs and procedures.
    (d)  The  determination  of  an  arbitrator or mediator pursuant to an
  alternative dispute resolution procedure pertaining to the resolution of
  claims arising under  this  chapter  shall  not  be  reviewable  by  the
  workers'  compensation board, and the venue for any appeal shall be to a
  court of competent jurisdiction in accordance with section  twenty-three
  of this chapter.
    (e)  (i) Determinations rendered as a result of an alternative dispute
  resolution procedure shall remain in force during a period in which  the
  employer   and   a   recognized   or   certified   exclusive  bargaining
  representative are renegotiating a collective bargaining agreement.

    (ii) Upon the expiration of a collective  bargaining  agreement  which
  contains a provision for an alternative dispute resolution procedure for
  workers'  compensation  claims,  the  resolution  of  claims relating to
  injuries  sustained  as  a  result  of  a   work-related   accident   or
  occupational  disease  may,  if  the  collective bargaining agreement so
  provides, be subject to the  terms  and  conditions  set  forth  in  the
  expired  collective  bargaining  agreement  until  the  employer  and  a
  recognized or certified exclusive bargaining representative negotiate  a
  new collective bargaining agreement.
    (iii)  Upon the termination of a collective bargaining agreement which
  is not subject to renegotiation, the employer and  its  employees  shall
  become  fully  subject  to  the  provisions  of this chapter to the same
  extent as they were  prior  to  the  implementation  of  the  collective
  bargaining  agreement  provided,  however,  that  when  a claim has been
  adjudicated under the  alternative  dispute  resolution  procedure,  the
  claimant  or  employer  to  such  claim or matter shall be estopped from
  raising identical issues before the board.
    (f)  Commencing  January  first,  nineteen  hundred  ninety-six,   and
  annually thereafter, a copy of the collective bargaining agreement shall
  be  filed  with  the  chair.  The  employer  shall  report the number of
  employees subject to the collective bargaining agreement. The  chair  or
  the  chair's  designee shall review the collective bargaining agreements
  for compliance with the provisions of this  section,  shall  notify  the
  parties  to  the  agreement  if  the agreement is not in compliance, and
  shall  recommend  appropriate  action  to  bring  the   agreement   into
  compliance.
    3.  Hearings;  procedure;  penalty  for  late payment of award and for
  dilatory tactics or unjustified lack of preparedness  of  a  carrier  or
  employer.  (a)  The  chairman may in the interest of justice at any time
  refer a case in which payments are being made as above to the board  for
  a hearing, and shall immediately upon receipt of notice from the injured
  worker,  from  the  employer,  or  from  the  insurance carrier that the
  employee's right to compensation is controverted, or  that  payments  of
  compensation  have  stopped or been suspended, make such investigations,
  or cause such medical examinations to be made, or  refer  the  case  for
  such  hearings,  as  will  properly  protect the rights of both parties,
  either as to any compensation then due or as to  any  compensation  that
  may  become due in the future for temporary or permanent disability, and
  shall promptly cause the resumption of  payments  in  case  the  injured
  person is entitled thereto.
    (b)  Nothing herein shall limit the right of the board in a particular
  case to hold a hearing and  make  an  award  in  accordance  with  other
  provisions  of  this  chapter. No case shall be closed without notice to
  all parties interested  and  without  giving  to  all  such  parties  an
  opportunity to be heard.
    (c)  The  board  shall  keep  an accurate record of all hearings held.
  Whenever a hearing must be continued or adjourned because the carrier or
  employer has engaged in dilatory tactics or exhibited  unjustified  lack
  of preparedness, the board shall impose a penalty of twenty-five dollars
  to be paid to the fund created by subdivision two of section one hundred
  fifty-one  of  this  chapter  and  shall  in  addition  make an award of
  seventy-five dollars payable  to  the  injured  worker  or  his  or  her
  dependants.  Dilatory  tactics  may include but shall not be limited to:
  failing to subpoena medical witnesses or to  secure  an  order  to  show
  cause as directed by the referee, failing to bring proper files, failing
  to  appear,  failing  to  produce witnesses or documents after they have
  been requested by the referee or examiner or as directed by the  hearing
  notice,   unnecessarily  protracting  the  production  of  evidence,  or

  engaging in a pattern of delay which unduly  delays  resolution,  except
  that  no  penalty shall be imposed nor award made under this subdivision
  if the carrier or employer produces evidence sufficient  to  excuse  its
  conduct to the satisfaction of the referee.
    (d) If, in any case, the issues have not been resolved within one year
  after  such  issues  have  been  raised before the board, or if multiple
  claims arise from the same accident or occurrence,  or  if  all  parties
  agree  to  an expedited hearing, or if a notice of controversy is filed,
  or if the chair otherwise deems it necessary, the chair may  order  that
  the  case  be  transferred  to  a  special  part for expedited hearings.
  Proceedings in such part shall be conducted in an expedited manner.
    Cases in such special part shall be scheduled  in  such  a  manner  so
  that, where appropriate, any and all outstanding issues may be addressed
  at  one  hearing.  An  adjourned  case  shall  be rescheduled as soon as
  practicable, but no later than thirty days following such adjournment.
    If a request for an adjournment is made by a carrier or employer which
  is not an emergency and is deemed  to  be  frivolous  by  the  chair,  a
  penalty  of  one thousand dollars shall be imposed by the chair. If such
  employer  or  carrier  is  represented  by  an  attorney   or   licensed
  representative  who  is  not an employee of the carrier or employer, the
  attorney or licensed representative shall be responsible for the payment
  of such penalty. If a request for an adjournment is made by  a  claimant
  who  is represented by an attorney or a licensed representative which is
  not an emergency and is deemed to be frivolous by the chair,  a  penalty
  of five hundred dollars shall be imposed by the chair on the attorney or
  licensed  representative.  Such penalty shall be paid by the attorney or
  licensed representative and shall not come out of the claimant's  award.
  No penalty shall be imposed on an unrepresented claimant who requests an
  adjournment.
    (e) If the employer or its insurance carrier fails to file a notice or
  report requested or required by the board or chair or otherwise required
  within the specified time period or within ten days if no time period is
  specified, the board may impose a penalty in the amount of fifty dollars
  unless  the  employer  or carrier produces evidence sufficient to excuse
  its conduct to the satisfaction of the board. Such penalty shall  be  in
  addition  to  all other penalties provided for in this chapter and shall
  be paid into the state treasury.
    (f) If the employer or  its  insurance  carrier  shall  fail  to  make
  payments  of compensation according to the terms of the award within ten
  days or the uninsured employers' fund shall fail  to  make  payments  of
  compensation  according  to  the  terms  of the award within thirty days
  after such ten day period except in case of an application to the  board
  for  a  modification, rescission or review of such award, there shall be
  imposed a penalty equal to twenty percent  of  the  unpaid  compensation
  which  shall be paid to the injured worker or his or her dependents, and
  there shall also be imposed an assessment of fifty dollars, which  shall
  be paid into the state treasury.
    4. Advance payments of compensation; employer reimbursements; receipts
  for   payment.  (a)  If  the  employer  has  made  advance  payments  of
  compensation, or has made payments to an  employee  in  like  manner  as
  wages  during  any  period  of  disability,  he  shall be entitled to be
  reimbursed out of an unpaid instalment or  instalments  of  compensation
  due,  provided  his  claim  for  reimbursement  is filed before award of
  compensation is made, or if insured, by the  insurance  carrier  at  the
  direction  of  the board, unless he shall file a waiver of reimbursement
  with the chairman, in which event compensation  shall  be  paid  to  the
  claimant notwithstanding the advanced payments.

    (b)  An  injured  employee,  or  in  case  of  death his dependents or
  personal representative, shall give receipts for payment of compensation
  to the employer paying the same and such employer shall produce the same
  for inspection by the chairman, whenever required.
    (c) If the employer or comptroller of the state or city of New York or
  trustees  duly  constituted  under any welfare, pension or benefit plan,
  agreement or trust to which the injured employee is a party or of  which
  he  is  a  beneficiary, and which plan, agreement or trust shall provide
  that the injured employee shall not be entitled to or shall  be  limited
  in the amount of benefits or payments thereunder if he shall be entitled
  to  benefits under this chapter, shall have advanced or paid benefits or
  payments thereunder to the injured employee during any period  in  which
  his right to benefits under this chapter was not determined, then and in
  such event such employer or comptroller of the state or city of New York
  or  trustees  shall  be  entitled  to  be  reimbursed  out of the unpaid
  instalment or instalments of compensation due, provided  claim  therefor
  is  filed  together  with  proof of the terms of said plan, agreement or
  trust and of the fact and amount of payment with the board before  award
  of compensation is made.
    4-a.  Public employee welfare fund; wage replacement payment; lien. a.
  For the purposes of this subdivision, the following terms shall have the
  following meanings:
    (i) "Public employer" shall mean the state, a municipal corporation, a
  local  government  agency  or  other  political  subdivision,  a  public
  authority,   a  public  benefit  corporation,  or  any  other  political
  subdivision of the state.
    (ii) "Public employee" shall mean all employees of a public employer.
    (iii) "Public employee welfare fund" shall  mean  any  trust  fund  or
  other  fund  established or maintained unilaterally or jointly by one or
  more labor organizations which represent the relevant  public  employees
  and/or  one  or  more  public  employers  whether  directly  or  through
  trustees, to provide employee welfare benefits for public  employees  or
  their  families  or  dependents, or for both, including, but not limited
  to, medical, surgical or hospital care or benefits, and benefits in  the
  event of sickness, accident, disability, or death.
    b.  Where  a  public  employee  who  is  ineligible for benefits under
  section two hundred three or two hundred seven of this chapter by reason
  of his public employer's failure to  voluntarily  elect  coverage  under
  section  two hundred twelve of this chapter, is disabled and has claimed
  or subsequently claims and is entitled to workers' compensation benefits
  under this article, and that public employee  is  covered  by  a  public
  employee  welfare  fund  which  voluntarily  provides a wage replacement
  benefit in the event of disability, the following provision shall apply:
    Where such an employee receives a wage replacement benefit from such a
  public employee welfare fund in respect of the  disability  which  forms
  the  basis  of  the  workers'  compensation  claim,  the public employee
  welfare plan making such payment may, at any time  before  an  award  of
  workers'  compensation benefits is made, file with the board a claim for
  reimbursement out of the proceeds of such award to the  public  employee
  for  the  period  for which the wage replacement benefit was paid to the
  public employee under the rules of the public employee welfare fund, and
  shall have a lien against the award for reimbursement, provided that the
  insurance carrier or other  entity  liable  for  payment  of  the  award
  receives,   before  such  award  is  made,  a  copy  of  the  claim  for
  reimbursement from the public employee welfare fund which paid the  wage
  replacement  benefit,  or  provided  that the board's decision and award
  directs such reimbursement.

    5. Deposits for security; lump sum  payments  in  certain  cases.  (a)
  Whenever  the  chair  may  deem  it  advisable any employer or insurance
  carrier may be required to make a deposit with the chair to  secure  the
  prompt and convenient payment of such compensation, and the chair, shall
  have  power  to make payments therefrom upon any awards. The interest on
  all funds on deposit with the chair pursuant to this paragraph,  may  be
  transferred  to  the  uninsured employers' fund whenever the chair shall
  determine that the net assets of the uninsured employers fund  are  less
  than  two  million  dollars  or  the amount expended by that fund in the
  prior year whichever is greater.
    (b) The board, whenever it shall so deem advisable, may  commute  such
  periodical  payments  to  one  or  more lump sum payments to the injured
  employee, or, in case of death, his or her dependents, provided the same
  shall be in the interests of justice. Such  commutation  shall  be  made
  according  to  the  method  prescribed  in  section twenty-seven of this
  article.
    6. At the  request  of  a  person  legally  responsible  for  a  minor
  claimant, the board may, after a hearing, direct that payment be made to
  the  legally  responsible  person,  to  be  used for the benefit of such
  claimant.  A person who is so designated shall report  to  the  chairman
  annually  with  respect  to  the  use of such payments. The chairman may
  require that a report be made more  often  than  annually  if  there  is
  reason  to  believe that the person receiving such payments is using the
  payments for purposes other than the benefit of the claimant. Should the
  chairman or the board find that the  payee  is  using  the  payment  for
  purposes  other than the benefit of the claimant the board shall after a
  hearing revoke the payee's designation and  appoint  a  new  payee.  The
  chairman  shall  take  such  action  as is necessary to recover from the
  payee any funds improperly used.
    7. Payments and awards to minors. All awards of compensation  required
  to  be  made  to  minors  under this chapter shall be paid to or for the
  benefit of such minors. The board may  in  its  discretion  require  the
  appointment of a guardian, before making payments not otherwise directed
  to be paid by action of such board, where such award exceeds two hundred
  and  fifty  dollars.  The  board  may, when such course seems advisable,
  direct that funds, payable to or for the benefit of a minor, be paid for
  vocational training or maintenance of such minor supplementing  payments
  made under subdivision nine of section fifteen of this chapter.
    8.  Rules.  The  board  may adopt rules to carry out the provisions of
  this section, including provision for  reports  to  the  chairman  by  a
  guardian of the use of moneys paid to minors and reports to the chairman
  by  a  designated  payee  of compensation to a minor, in accordance with
  this section.
    9. Direct  deposit.  (a)  Compensation  payments  or  any  portion  of
  compensation  payments  may be allowed, upon the written request from an
  injured worker or a person entitled to a death benefit provided by  this
  chapter,  to  be  deposited  directly  in  a  bank for any purpose to an
  account in the name of such injured worker or person entitled to a death
  benefit, on forms provided by the board, and duly  filed  in  accordance
  with  such  regulations,  provided that an injured worker's employer, if
  such employer is an authorized self insured employer, or otherwise  such
  employer's  insurance  carrier, has elected to permit the direct deposit
  of such compensation payments.
    (b) The board is hereby authorized to promulgate reasonable rules  and
  regulations,  as  may  be necessary, to administer the direct deposit of
  injured worker's compensation payments. In regard to the  deposit  of  a
  portion  of  an  injured worker's compensation payment, such regulations

  may establish a minimum dollar amount and may limit the  maximum  number
  of partial deposits allowed.
    (c)  As  used  in  this  subdivision,  the  term  "bank"  includes any
  financial institution which is  a  member  of  the  New  York  automated
  clearinghouse or any financial institution designated by the board.

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