NY Work Comp L § 217 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 217 - Notice and Proof of Claim.

§  217.  Notice  and  proof  of  claim. 1. Written notice and proof of   disability or proof of need for family leave shall be furnished  to  the   employer  by  or  on behalf of the employee claiming benefits or, in the   case of a claimant under section two hundred seven of this  article,  to   the  chair,  within  thirty  days  after  commencement  of the period of   disability. Additional proof shall be furnished thereafter from time  to   time  as the employer or carrier or chair may require but not more often   than once each week. Such proof shall include a statement of  disability   by  the  employee's  attending  physician  or  attending  podiatrist  or   attending chiropractor or attending dentist or attending psychologist or   attending certified nurse  midwife  or  family  leave  care  recipient's   health  care  provider, or in the case of 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,  by  an   accredited  practitioner,  containing  facts  and  opinions  as  to such   disability in compliance with  regulations  of  the  chair.  Failure  to   furnish notice or proof within the time and in the manner above provided   shall  not  invalidate the claim but no benefits shall be required to be   paid for any period more than two weeks prior to the date on  which  the   required proof is furnished unless it shall be shown to the satisfaction   of the chair not to have been reasonably possible to furnish such notice   or  proof  and  that  such  notice  or  proof  was  furnished as soon as   possible; provided, however, that no benefits shall be paid  unless  the   required  proof  of  disability is furnished within the period of actual   disability or family leave that does not exceed  the  statutory  maximum   period  permitted  under  section  two  hundred four of this article. No   limitation of time provided in this section shall  run  as  against  any   disabled  employee  who is mentally incompetent, or physically incapable   of providing such notice as a result of a serious medical condition,  or   a  minor  so  long  as  such person has no guardian of the person and/or   property.2. An employee claiming disability benefits shall, as requested by the   employer or carrier, submit himself or herself  at  intervals,  but  not   more  than  once a week, for examination by a physician or podiatrist or   chiropractor or dentist  or  psychologist  or  certified  nurse  midwife   designated  by  the  employer or carrier. All such examinations shall be   without cost to the employee and shall be held at a reasonable time  and   place.3.  The  chair  or  chair's  designee, pursuant to section two hundred   twenty-one of this article, may direct the claimant or family leave care   recipient to submit to examination by a health care provider  designated   by  him  or  her  in any case in which the claim to disability or family   leave benefits is contested and in  claims  arising  under  section  two   hundred  seven of this article, and in other cases as the chair or board   may require.4. Refusal of the claimant or family leave care recipient without good   cause to submit to any such examination shall disqualify the claimant or   employee from all benefits hereunder for the  period  of  such  refusal,   except as to benefits already paid.5.  If  benefits required to be paid by this article have been paid to   an employee, further payments for the same disability  or  family  leave   shall  not be barred solely because of failure to give notice or to file   proof of disability for the period or periods for  which  such  benefits   have been paid.6.  In the event that a claim for disability benefits is rejected, the   carrier or employer shall send by first class  mail  written  notice  of   rejection  to the employee within forty-five days of receipt of proof of    disability. Failure to mail such written notice of rejection within  the   time  provided,  shall  bar  the  employer  or  carrier  from contesting   entitlement to benefits for any  period  of  disability  prior  to  such   notice  but  such failure may be excused by the chair if it can be shown   to the satisfaction of the chair not to have been reasonably possible to   mail such notice and that such notice was mailed as  soon  as  possible.   Such  notice  shall  include  a  statement,  in a form prescribed by the   chair, to the effect that the employee may, for the purpose  of  review,   file  notice  that  his  or  her claim has not been paid as set forth in   section two hundred twenty-one of this article.