NY Work Comp L § 109-C (2021)
2021 New York Laws WKC - Workers' Compensation Article 6-A - Workers' Compensation Security Fund 109-C - Payments From Fund.

§  109-c.  Payments  from fund. 1. The final award for compensation or   death benefits, or installments thereof, or of payment of benefits  into   the special funds created under the provisions of subdivisions eight and   nine  of  section  fifteen  and  section  twenty-five-a  of this chapter   heretofore or hereafter granted pursuant to this chapter, or the payment   of a claim made  against  an  insured  under  the  employer's  liability   insurance   portion   of   the  insured's  standard  New  York  workers'   compensation  and  employer's  liability  insurance  policy,  which  has   remained  or  shall  remain due and unpaid for thirty days, by reason of   default by an insolvent carrier, shall be paid  from  the  fund  in  the   manner  provided  in  this section. Benefits or compensation pursuant to   the longshore and harbor workers' compensation act shall be payable only   with respect to coverage of risks located or  resident  in  this  state;   provided  further  that the insolvency, bankruptcy or dissolution of the   insured shall effect a termination of security  fund  benefits  provided   hereunder.  The  chairman  or  any  person in interest may file with the   superintendent of financial  services  an  application  for  payment  of   compensation  or  death  benefits,  special  fund  benefits or liability   claims from the fund on a form to be prescribed  and  furnished  by  the   superintendent.  If  there  has  been  an  award,  final or otherwise, a   certified  copy   thereof   shall   accompany   the   application.   The   superintendent  of  financial  services  shall  thereupon certify to the   commissioner of taxation and finance such award for payment according to   the terms of the same.2. Payments from the  fund  shall  be  made  by  the  commissioner  of   taxation  and  finance  on the said certificate of the superintendent of   financial services, and no payment shall be made by the commissioner  of   taxation and finance in excess of the amount certified.3.  Payment  of  the  award  from the fund shall not give the fund any   right of recovery against the employer.4. An employer may pay any such award or part thereof  in  advance  of   payment from the fund and shall thereupon be subrogated to the rights of   the  employee or other party in interest against such fund to the extent   of the amount so paid.5. The commissioner of taxation and finance as custodian of  the  fund   shall  be entitled to recover the sum of all liabilities, including loss   adjustment expenses relating to  such  liabilities,  of  such  insolvent   carrier   assumed   by  such  fund  from  such  carrier,  its  receiver,   liquidator, rehabilitator or trustee in bankruptcy and may prosecute  an   action  or  other proceedings therefor. All moneys recovered in any such   action or proceedings shall forthwith be placed to  the  credit  of  the   fund  by  the commissioner of taxation and finance to reimburse the fund   to the extent of the moneys so recovered and paid.6. The provisions of section twenty-six  of  this  chapter  shall  not   apply  in  the  case  of  a  failure to pay any compensation when due by   reason of the default, after the effective date of this article,  of  an   insolvent  carrier  as  defined  in  this article, and the provisions of   section thirty-four of this chapter  shall  not  apply  to  compensation   insured by any carrier as defined in this article if the compensation is   paid by the fund.