NY Work Comp L § 206 (2021)
2021 New York Laws WKC - Workers' Compensation Article 9 - Disability Benefits 206 - Non-Duplication of Benefits.

§ 206. Non-duplication of benefits. 1. No disability benefits shall be payable  under  section  two  hundred  four or two hundred seven of this article:  (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  or  she  has  performed  services,  would,  if apportioned to weekly periods, exceed his or her weekly  benefit  amount under  this  section,  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 workers' 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  firefighters' benefit law, or any other workers' 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  disability  benefits  under section  two  hundred  three  or  two  hundred  seven of this article 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 or her 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 chair 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 chair who paid disability benefits, or provided the board's decision and award directs such reimbursement therefrom.    3. No family leave benefits shall be payable under section two hundred four of this article:  (a)  During  periods  when  the employee is receiving total disability payments pursuant  to  a  claim  for  workers'  compensation,  volunteer firefighters'  benefits or volunteer ambulance workers' benefits, except that when the employee is receiving payments for partial  disability  or reduced  earnings  under  such  laws,  the  family  leave  benefit, when combined with the benefits under such laws shall not exceed the  average weekly  wage  in  the  employment  for  which  family leave benefits are sought;  (b) To an employee who is not employed or is on  administrative  leave from his or her employment;  (c)  To  an  employee  during periods where the employee is collecting sick pay or paid time off from the employer; and  (d) for any day in which claimant works at least part of that day  for remuneration  or  profit  for  the  covered  employer  or  for any other employer while working for remuneration or profit, for him  or  herself, or  another  person  or entity, during the same or substantially similar working hours as those of the covered employer from which  family  leave benefits are claimed, except that occasional scheduling adjustments with respect  to  secondary  employments  shall not prevent receipt of family leave benefits.   4. Unless otherwise expressly  permitted  by  the  employer,  benefits available  under  29  U.S. Code Chapter 28 (The Family and Medical Leave Act) must be  used  concurrently  with  family  leave  benefits.  For  a subsequent unrelated disability, an employee may seek benefits up to the maximum number of available weeks permitted in this article.   5. A covered employer is not required to permit more than one employee to  use  the  same  period  of  family leave to care for the same family member.