reglab/statecodes huggingface dataset:
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 121-A - Proof of Dependency in Foreign Countries.

§  121-a. Proof of dependency in foreign countries. In cases involving
  the dependency of noncitizens residing in foreign countries, transcripts
  of birth  or  marriage  certificates,  also  documents  and  affidavits,
  certified  by  a local official or local magistrate and authenticated as
  to such official or magistrate  by  the  secretary  of  state  or  other
  official having charge of foreign affairs, or a United States consul, in
  said foreign country, may be received in evidence, but in all such cases
  proof of present existence and of dependency may be made by the personal
  appearance   of  each  and  all  persons  claiming  relationship  to  or
  dependence upon a deceased  worker  under  the  provisions  of  sections
  sixteen  and  seventeen of this chapter, before a diplomatic or consular
  officer of the  United  States,  and  statements  made  to  or  evidence
  presented  before  such diplomatic or consular officer under oath may be
  received in evidence in whole or in part by  the  board  upon  any  such
  claim.  Questions  regarding  admissibility  and  adequacy  of  evidence
  arising in connection  with  proceedings  before  the  consul  shall  be
  determined  by the board. The board may by rule prescribe the conditions
  under which proofs other than personal appearance before a diplomatic or
  consular officer of the United States may be accepted as  proof  of  the
  facts of existence, relationship and dependency.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 122 - Transcripts.

§ 122. Transcripts. A copy of the testimony, evidence and procedure of
  any  investigation,  or  a  particular  part  thereof,  transcribed by a
  stenographer  in  the  employ  of  the  board  and  certified  by   such
  stenographer to be true and correct may be received in evidence with the
  same  effect  as if such stenographer were present and testifying to the
  facts so certified.  A copy of such transcript shall be furnished to any
  party upon payment of the fee for transcripts of similar minutes in  the
  supreme court.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 123 - Jurisdiction of Board to Be Continuing.

§  123.  Jurisdiction  of  board  to  be  continuing.  The  power  and
  jurisdiction of the board over each case shall  be  continuing,  and  it
  may, from time to time, make such modification or change with respect to
  former findings, awards, decisions or orders relating thereto, as in its
  opinion  may  be  just,  except that, where the employer has secured the
  payment of compensation in accordance with  the  provisions  of  section
  fifty  of  this chapter, no claim for compensation or for death benefits
  that has been disallowed after a trial on the merits, or that  has  been
  otherwise  disposed  of  without  an award after the parties in interest
  have been given due notice of hearing or hearings and opportunity to  be
  heard  and  for  which no determination was made on the merits, shall be
  reopened after a lapse of seven years from the date of the  accident  or
  death.  Nor  shall  any  award of compensation or death benefits be made
  against the special fund  provided  in  section  twenty-five-a  of  this
  chapter or against an employer or an insurance carrier where application
  therefor  is  made  after a lapse of eighteen years from the date of the
  injury or death and also a lapse of eight years from  the  date  of  the
  last payment of compensation.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 124 - Reporting.

§ 124. Reporting. 1. The chair shall prescribe the form and format for
  the  collection  and  dissemination  of  information  and  data  as  the
  administration of this chapter requires. In the event the proper  format
  requires  the  submission  of a complete paper document, the chair shall
  have distributed such blank forms, including forms of notice and  claims
  and  forms  for processing injury, death, medical or other attendance or
  treatment, employment or wage earnings as are necessary.
2. Insurance carriers shall constantly keep  on  hand,  at  their  own
  expense,  a  sufficient  supply  of  such  forms  or,  in  the  event of
  electronic transfer, be responsible  for  all  charges  associated  with
  transmission of such information.
3.  Nothing  stated  above shall preclude the chair from requiring the
  submission or dissemination of notices or reports in  an  electronic  or
  typed form, with the exact format to be prescribed by the chair.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 125 - Job Discrimination Prohibited Based on Prior Receipt of Benefits.

§  125.  Job  discrimination  prohibited  based  on  prior  receipt of
  benefits.  1. It shall be unlawful for any employer to inquire into,  or
  to  consider  for  the  purpose  of  assessing fitness or capability for
  employment, whether a job applicant has filed for or  received  benefits
  under  this  chapter,  or  to  discriminate against a job applicant with
  regard to employment on the basis of that claimant having filed  for  or
  received  benefits  under  this  chapter,  or because the claimant is an
  injured veteran. An individual  aggrieved  under  this  subdivision  may
  initiate  proceedings  in  a  court  of  competent  jurisdiction seeking
  damages, including reasonable  attorney  fees,  for  violation  of  this
  subdivision.
2.  An employer who violates the provisions of subdivision one of this
  section shall be guilty of a misdemeanor, and upon conviction  shall  be
  punished,  except  as  in  this  chapter  or  in the penal law otherwise
  provided, by a fine of not more than one thousand dollars,  and  subject
  to  the  debarment provisions of section one hundred forty-one-b of this
  chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 125-A - Discriminating Against an Injured Veteran.

§  125-a.  Discriminating  against an injured veteran. 1. An insurance
  carrier is  guilty  of  unlawfully  discriminating  against  an  injured
  veteran  when  with  respect  to  workers'  compensation  insurance, the
  insurer knowingly and intentionally (a) discriminates against an injured
  veteran because of the veteran's injury or status as a veteran,  or  (b)
  encourages   or  causes  an  employer  or  other  entity  to  unlawfully
  discriminate  against  an  injured  veteran  in  hiring  or  discharging
  decisions because of the veteran's injury or status as a veteran.
2. For the purpose of this section (a) "injured veteran" shall mean an
  individual  who  suffered an injury as a result of his or her service in
  the armed forces; and (b) "insurance carrier" shall  be  defined  as  in
  subdivision twelve of section two of this chapter.
3. Discriminating against an injured veteran is a class A misdemeanor.
4.  Any  person  convicted  under this section shall be subject to the
  debarment provisions of section one hundred forty-one-b of this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 128 - Unconstitutional Provisions.

§  128.  Unconstitutional  provisions.  If any section or provision of
  this chapter be decided by the courts to be unconstitutional or invalid,
  the same shall not affect the validity of the chapter as a whole or  any
  part  thereof  other  than the part so decided to be unconstitutional or
  invalid.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 130 - Workmen's Compensation Premiums Shall Be Deemed Preferred Claims.

§  130.  Workmen's  compensation  premiums  shall  be deemed preferred
  claims. All  premiums  and  interest  charges  on  account  of  policies
  insuring employers against liability under this chapter which may be due
  to  the  state  insurance  fund,  or  any  stock  corporation  or mutual
  association authorized to transact the business  of  insurance  in  this
  state,  and  all  judgments recovered by the state insurance fund or any
  such insurance  corporation  or  association  against  any  employer  on
  actions  brought under any such policy, shall be deemed preferred claims
  in all insolvency or bankruptcy  proceedings,  trustee  proceedings  for
  administration  of  estates  and  receiverships  involving  the employer
  liable therefor or the property of such employer, provided however  that
  claims for wages shall receive prior preference in all such proceedings.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 132 - Criminal Prosecution; Certifications

§  132.  Criminal prosecution; certifications. 1. The attorney-general
  may prosecute every person charged with the  commission  of  a  criminal
  offense  in  violation  of  this  chapter, or of any rule, regulation or
  order made thereunder, or in  violation  of  the  laws  of  this  state,
  applicable  to  or  arising  out of any provision of this chapter or any
  rule, regulation or order made thereunder.
2. Every check or draft issued directly  to  a  benefit  recipient  or
  provider  of health services in payment of a claim made pursuant to this
  chapter  shall  contain  a  printed  statement  on  the   reverse   side
  immediately   above   the  signature  line  for  the  first  endorsement
  indicating that in endorsing the check or draft for payment the  benefit
  recipient  or provider of health services is certifying that such person
  is entitled to such payment and that circumstances  which  would  affect
  entitlement to receive the payment have not changed. The statement shall
  be  in  a  form  prescribed  by  the  workers'  compensation board after
  consultation with the superintendent of financial services.
3. The check or draft described in subdivision  two  of  this  section
  shall  be  claim forms within the meaning of section 176.00 of the penal
  law and subsection (d) of section four hundred three  of  the  insurance
  law.
2023 New York Laws › WKC - Workers' Compensation › Article 7 - Miscellaneous Provisions. › 133 - Refunds and Credits.

§  133. Refunds and credits. In any case where an award, an assessment
  or a penalty has been made and paid directly into the state treasury  or
  into  one  of  the  special  funds  created under the provisions of this
  chapter, and it is thereafter determined by the chairman, the  board  or
  by  a  court  of  competent  jurisdiction that such award, assessment or
  penalty,  or  any  portion  thereof  was  erroneously,   illegally,   or
  improperly made, the employer or his insurance carrier who made any such
  payment  may  be reimbursed, or allowed a credit, from any moneys in the
  state treasury not otherwise appropriated or from the  special  fund  to
  which  the  payment  had  been  made,  for such amount, without costs or
  interest, as may be determined by the chairman, the board or by a  court
  of  competent  jurisdiction;  provided, however, that a request for such
  reimbursement is filed with the chairman within three months after  such
  determination,   on   the  audit  and  warrant  of  the  comptroller  on
  certification of the chairman.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 140 - Workmen's Compensation Board.

§ 140. Workers' compensation board. The workers' compensation board in
  the department of labor is hereby continued. Such board shall consist of
  thirteen  members,  at  least  four  of  whom  shall  be  attorneys  and
  counsellors-at-law duly admitted to practice in this state. The  members
  of  the board shall be appointed by the governor, by and with the advice
  and consent of the senate. The members of the board in office,  together
  with the additional members and the members appointed to fill vacancies,
  if  any,  at  the  time  this  section  takes  effect,  shall  continue,
  notwithstanding the appointment  of  any  of  the  members  for  a  term
  expiring on a different date, to hold office for terms to be assigned by
  the  governor by and with the advice and consent of the senate; two such
  terms to expire on December thirty-first, nineteen hundred fifty; two to
  expire on December thirty-first,  nineteen  hundred  fifty-one;  two  to
  expire  on  December  thirty-first,  nineteen  hundred fifty-two; two to
  expire on December thirty-first, nineteen hundred  fifty-three;  two  to
  expire  on  December  thirty-first,  nineteen hundred fifty-four; two to
  expire on December thirty-first, nineteen hundred fifty-five; and one to
  expire on December thirty-first, nineteen hundred fifty-six. The members
  next appointed, except to fill  a  vacancy  created  otherwise  than  by
  expiration  of  term,  shall  be appointed for terms of seven years. The
  governor shall designate one of the members of the board as chairman and
  another as vice-chairman.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 141 - General Powers and Duties of the Chair.

§  141. General powers and duties of the chair. The chair shall be the
  administrative  head  of  the  workers'  compensation  board  and  shall
  exercise   the  powers  and  perform  the  duties  in  relation  to  the
  administration of this chapter heretofore vested in the commissioner  of
  labor  by  chapter fifty of the laws of nineteen hundred twenty-one, and
  acts amendatory thereof, and  by  this  chapter  excepting  article  six
  thereof,  and  except  in so far as such powers and duties are vested by
  this chapter in the workers' compensation board. The chair shall preside
  at all meetings of the board and shall appoint all committees and panels
  of the board; shall designate the times and places for  the  hearing  of
  claims under this chapter and shall perform all administrative functions
  of the board as in this chapter set forth. The chair, in the name of the
  board,  shall  enforce  all the provisions of this chapter, and may make
  administrative  regulations  and  orders  providing  for  the   receipt,
  indexing  and  examining  of  all  notices,  claims and reports, for the
  giving of notice  of  hearings  and  of  decisions,  for  certifying  of
  records,  for  the  fixing  of  the  times and places for the hearing of
  claims, and for providing for the conduct of hearings  and  establishing
  of  calendar  practice  to the extent not inconsistent with the rules of
  the board.  The  chair  shall  issue  and  may  revoke  certificates  of
  authorization  of  physicians, chiropractors and podiatrists as provided
  in sections thirteen-a, thirteen-k and thirteen-1 of this  chapter,  and
  licenses  for medical bureaus and x-ray and other laboratories under the
  provisions of section thirteen-c of this chapter, issue stop work orders
  as provided in section one hundred  forty-one-a  of  this  article,  and
  shall  have and exercise all powers not otherwise provided for herein in
  relation to the administration  of  this  chapter  heretofore  expressly
  conferred  upon  the  commissioner  of labor by any of the provisions of
  this chapter, or of the labor law. The chair, on behalf of the  workers'
  compensation  board,  shall  enter  into  the  agreement provided for in
  section one hundred seventy-one-h of the tax law, and  shall  take  such
  other  actions  as  may be necessary to carry out the agreement provided
  for in  such  section  for  matching  beneficiary  records  of  workers'
  compensation  with  information  provided  by  employers  to  the  state
  directory of new hires for the purposes  of  verifying  eligibility  for
  such benefits and for administering workers' compensation.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 141-B - Suspension and Debarment.

§  141-b.  Suspension  and  debarment.  Any  person subject to a final
  assessment of civil fines or penalties or a stop-work order, or that has
  been convicted of a misdemeanor for a violation of sections  twenty-six,
  fifty-two   or   one   hundred  thirty-one  of  this  chapter,  and  any
  substantially-owned  affiliated  entity  of  such   person,   shall   be
  ineligible  to submit a bid on or be awarded any public work contract or
  subcontract with the state, any municipal corporation or public body for
  a period of one year from the final  determination  or  conviction.  Any
  person  convicted of a felony under this article, or a misdemeanor under
  sections one hundred twenty-five and one hundred twenty-five-a  of  this
  chapter  shall be ineligible to submit a bid on or be awarded any public
  work contract or subcontract with the state, any  municipal  corporation
  or public body for a period of five years from such conviction.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 141-C - Coordination of Forms.

§  141-c. Coordination of forms. The board, the commissioner of labor,
  the commissioner of taxation and  finance,  the  commissioner  of  motor
  vehicles,  and the superintendent of financial services shall consult on
  an ongoing basis to coordinate the amendment of  forms  used  to  gather
  data  helpful  in  identifying fraud, so as to promote effective use and
  sharing of such  information  for  identifying  fraud  in  the  area  of
  workers' compensation. Through such consultations and other means, these
  agencies  shall  study  the  implementation  of  appropriate practicable
  technology to verify the authenticity of forms,  including  certificates
  of coverage.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 143 - Maintenance of Records.

§  143.  Maintenance  of  records.  1.  The  board  is  authorized and
  empowered to use electronic  means  in  accordance  with  section  three
  hundred  five  of the state technology law to record and maintain public
  records, papers, documents or matters required by law  to  be  recorded.
  Such  records  shall  be  capable  of  being  copied,  photographed,  or
  microphotographed by a process which accurately reproduces the  original
  thereof in all details.
2. The copies thereof shall be deemed to be an original record for all
  purposes,   including   introduction   in  evidence  in  all  courts  or
  administrative agencies. A transcript, exemplification or certified copy
  thereof shall, for all purposes  recited  herein,  be  deemed  to  be  a
  transcript, exemplification, or certified copy of the original.
3.  The  board shall have the power to authorize the destruction, sale
  to a historical, educational, or scientific organization or to otherwise
  dispose of its records, subject only to receiving  the  consent  of  the
  commissioner  of  education as may be required by article fifty-seven of
  the arts and cultural affairs law.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 145 - Oaths of Office.

§  145.  Oaths  of  office. The members of the board and the secretary
  shall, before entering  upon  the  duties  of  their  office,  take  and
  subscribe  the  constitutional oath of office. Such oaths shall be filed
  in the office of the department of state.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 146 - Offices of the Board.

§  146. Offices of the board. There shall be an office of the board in
  the city of New York and at such other place or places in the  state  as
  may  be  required  properly and conveniently to transact the business of
  the board. The board may meet and exercise any or all of its  powers  at
  any place in the state.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 147 - Vacancies and Removals.

§  147. Vacancies and removals. If a vacancy shall occur in the office
  of any member of the board otherwise than  by  expiration  of  term,  it
  shall  be  filled by the governor, by and with the advice and consent of
  the senate, for the unexpired term. The governor may remove the chairman
  or any member of the board for cause after giving  him  a  copy  of  the
  charges and an opportunity of being heard in person or by counsel on not
  less  than ten days' notice. If the chairman or a member of the board be
  removed the governor shall file with the department of state a statement
  of the cause of such removal.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 148 - Salaries and Expenses.

§ 148. Salaries and expenses. 1. The chairman and members of the board
  shall  devote  their entire time to the duties of their office and shall
  not practice in their respective professions or callings. The reasonable
  and necessary expenses of the board and  the  reasonable  and  necessary
  traveling  and  other expenses of the chairman and members of the board,
  the secretary and other officers  and  employees  of  the  board,  while
  actually engaged in the performance of their duties, outside of the city
  of  Albany,  or  if  any  such  officer  or  employee be in charge of or
  actually employed at an office of the  board  outside  of  the  city  of
  Albany,  the  reasonable  and  necessary  traveling  and  other expenses
  outside of the place in which such office is located, shall be paid from
  the state treasury upon the audit and warrant of the  comptroller,  upon
  vouchers  approved  by the chairman or vice-chairman or secretary of the
  board.
2. For the purpose of extending the benefits of workmen's compensation
  and improving administration and expediting the adjudication of  claims,
  the   chairman   is   hereby   authorized,  within  the  limits  of  the
  appropriation available therefor, to initiate studies  and  surveys,  to
  observe  operations  in  other  states, to conduct research, and to make
  investigations in the entire field of workmen's compensation, within and
  without the state of New York. The chairman is also hereby authorized to
  accept a gift, grant, or  contribution  of  funds  to  be  used  in  his
  discretion  to  carry  out the purposes of this subdivision and shall in
  the annual report of the board set forth the progress of the same.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 149 - Employees.

§  149.  Employees.  Permanent  employees  of  the department of labor
  assigned  to  duties  wholly  in  relation  to   the   enforcement   and
  administration  of  this  chapter,  in  the  competitive  class  of  the
  classified civil service in office when this section takes effect  shall
  continue  in  office,  except that upon certification by the chairman to
  the director of the budget filed within sixty days from  the  time  this
  chapter  takes  effect  that  any  such employee is not required for the
  exercise of the functions, powers, duties  and  obligations  transferred
  and  assigned to the board pursuant to this chapter, such employee shall
  not be continued; provided, however, that whenever there are  more  than
  three  officers or employees in the same class and grade of position the
  provisions of section thirty-one of the civil service law  shall  apply,
  and  any  such  employee  or  employees not continued in office shall be
  placed on the preferred eligible list.
The  chairman  of  the  board  may  appoint  officers  and  employees,
  including   such  investigators,  statisticians,  examiners,  and  other
  assistants, as may be necessary for the exercise of the powers  and  the
  performance of the duties of the chairman or the board.
The  chairman  may transfer officers or employees from their positions
  to other positions under the board;  may  abolish  or  consolidate  such
  positions; and may suspend or remove from office any officer or employee
  of  the  board; subject, however, to the provisions of the civil service
  law and rules.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 152 - Administrative Regulations.

§ 152. Administrative regulations. The chairman of the board may make,
  amend and repeal regulations for the administration of the board and its
  employees. Such regulations shall not be deemed rules within the meaning
  of  this  chapter  or  of  the  labor  law  unless  the  context of such
  regulations otherwise requires.
The chairman may by  order  filed  in  the  office  of  the  secretary
  delegate any of his administrative powers to or direct any of his duties
  other than as a member of the board to be performed by any other officer
  of the board or the head of any bureau or section of the board.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 154 - Construction of Article.

§  154.  Construction of article. This article shall be construed as a
  continuation of those parts of article two of chapter thirty-six of  the
  laws  of  nineteen  hundred  nine,  entitled  "An act relating to labor,
  constituting chapter thirty-one of the consolidated laws," as amended by
  chapter fifty of the laws  of  nineteen  hundred  twenty-one,  and  acts
  amendatory thereof, in so far as it relates to the administration of the
  workmen's compensation law, and not as a new enactment.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 155 - Saving Clause.

§  155.  Saving clause. This article shall not affect pending actions,
  civil or criminal, brought by or against the department  of  labor,  the
  industrial  commissioner  or  the  industrial board, but the same may be
  prosecuted or defended in the same manner and with the same effect as if
  this article had not been passed, by the industrial commissioner if  the
  subject matter of the action or proceeding falls within his jurisdiction
  and  otherwise  by  the  workmen's  compensation  board  or the chairman
  thereof. Every  rule,  regulation,  order,  permit  or  license  of  the
  industrial  commissioner  or industrial board in force when this article
  takes effect shall continue in force  until  such  rule,  regulation  or
  order  be  amended  or  repealed  or  such  permit or license revoked or
  terminated pursuant to the provisions of this chapter or  of  the  labor
  law,   or   otherwise.  Any  investigation,  examination  or  proceeding
  undertaken, commenced or instituted by the industrial board  or  by  any
  referee  prior to the taking effect of this article may be conducted and
  continued to a final determination or conclusion in the same manner, and
  under the same terms and conditions and with the same effect  as  though
  this article had not been passed, by the workmen's compensation board or
  the  chairman  thereof,  if  the  subject  matter  of the investigation,
  examination or proceeding falls within its or his  jurisdiction  by  the
  terms of this act, and otherwise by the industrial commissioner.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 156 - Separability.

§  156.  Separability.  If any clause, sentence, paragraph, or part of
  this article or the application thereof to any person or  circumstances,
  shall,  for any reason, be adjudged by a court of competent jurisdiction
  to be invalid, such judgments shall not affect,  impair,  or  invalidate
  the  remainder  of  this  article,  and the application thereof to other
  person or circumstances, but shall be confined in its operation  to  the
  clause,  sentence,  paragraph,  or part thereof directly involved in the
  controversy in which such judgment shall have been rendered and  to  the
  person  or  circumstances  involved.  It  is  hereby  declared to be the
  legislative intent that this article would have been  adopted  had  such
  invalid provisions not been included.
2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 157 - Application of Article to Volunteer Firefighters' Benefit Law or the Volunteer Ambulance Workers' Benefit Law.

§  157.  Application of article to volunteer firefighters' benefit law
  or the volunteer ambulance workers' benefit  law.  The  following  terms
  used   in   this   article,   unless  inconsistent  with  the  volunteer
  firefighters' benefit law or the volunteer  ambulance  workers'  benefit
  law, are hereby enlarged as follows:
1.  "Employer"  includes any political subdivision liable for benefits
  pursuant to the volunteer firefighters' benefit  law  or  the  volunteer
  ambulance workers' benefit law.
2.  "Employee" includes a volunteer firefighter or volunteer ambulance
  worker who has been or might be injured in line of duty or who  dies  or
  might  die  from  such  an  injury.  When  a  political subdivision or a
  district or area thereof is responsible  for  the  payment  of  benefits
  pursuant  to  the  volunteer  firefighters' benefit law or the volunteer
  ambulance workers' benefit law, it shall be  deemed  the  "employer"  of
  such "employee."
3.  "Workers' compensation" and "compensation" include the benefits in
  relation  to  volunteer  firefighters  or  volunteer  ambulance  workers
  pursuant  to  the  volunteer  firefighters' benefit law or the volunteer
  ambulance workers' benefit law.
4. "This chapter" includes the volunteer firefighters' benefit law and
  the volunteer ambulance workers' benefit law, except when such a meaning
  is inconsistent with this article.
5. "Subdivisions one and two of section fifty", as used in section one
  hundred fifty-one of this chapter, includes subdivision nine of  section
  thirty  of  the volunteer firefighters' benefit law and subdivision nine
  of section thirty of the volunteer ambulance workers' benefit law.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 161 - Definitions.

§ 161. Definitions. Whenever used in this article:
1.  "Participant  in  World  Trade Center rescue, recovery, or cleanup
operations" means any (a) employee who within the course of  employment,
or (b) volunteer upon presentation to the board of evidence satisfactory
to the board that he or she:
(i) participated in the rescue, recovery, or cleanup operations at the
World Trade Center site between September eleventh, two thousand one and
September twelfth, two thousand two; or
(ii)  worked  at  the  Fresh  Kills Land Fill in New York city between
September eleventh, two thousand one and September twelfth, two thousand
two, or
(iii) worked at the New York city morgue or the  temporary  morgue  on
pier locations on the west side of Manhattan between September eleventh,
two thousand one and September twelfth, two thousand two, or
(iv)  worked  on the barges between the west side of Manhattan and the
Fresh Kills Land Fill in New York city between September  eleventh,  two
thousand one and September twelfth, two thousand two.
2. "World Trade Center site" means anywhere below a line starting from
the  Hudson River and Canal Street; east on Canal Street to Pike Street;
south on Pike Street to the East River; and extending to the  lower  tip
of Manhattan.
3.  "Qualifying  condition"  means  any  of  the following diseases or
conditions resulting from a hazardous exposure during  participation  in
World Trade Center rescue, recovery or clean-up operations:
(a)  Diseases  of  the  upper respiratory tract and mucosae, including
conditions such as  conjunctivitis,  rhinitis,  sinusitis,  pharyngitis,
laryngitis,  vocal  cord  disease,  upper  airway  hyper-reactivity  and
tracheo-bronchitis, or a combination of such conditions;
(b) Diseases of the lower respiratory tract, including but not limited
to  bronchitis,  asthma,  reactive  airway  dysfunction  syndrome,   and
different types of pneumonitis, such as hypersensitivity, granulomatous,
or eosinophilic;
(c)  Diseases of the gastroesophageal tract, including esophagitis and
reflux  disease,  either  acute  or  chronic,  caused  by  exposure   or
aggravated by exposure;
(d)  Diseases  of  the  psychological  axis,  including post-traumatic
stress  disorder,  anxiety,  depression,  or  any  combination  of  such
conditions; or
(e)  New onset diseases resulting from exposure as such diseases occur
in the future including cancer, chronic obstructive  pulmonary  disease,
asbestos-related disease, heavy metal poisoning, musculoskeletal disease
and chronic psychological disease.
4.  "Disablement"  shall  have  the same meaning as defined in section
thirty-seven of this chapter and determined by the  board  in  the  same
manner as provided in section forty-two of this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 162 - Registration of Participation in World Trade Center Rescue, Recovery and Clean-Up Operations.

§  162.  Registration  of  participation in World Trade Center rescue,
  recovery  and  clean-up  operations.  In  order  for  the  claim  of   a
  participant   in  World  Trade  Center  rescue,  recovery  and  clean-up
  operations  to  come  within  the  application  of  this  article,  such
  participant  must file a written and sworn statement with the board on a
  form promulgated by the chair indicating the dates and locations of such
  participation and the name of such  participant's  employer  during  the
  period  of  participation.  Such  statement must be filed not later than
  September eleventh, two thousand twenty-six. The board shall transmit  a
  copy  of  such  statement  to the employer or carrier named therein. The
  filing of such a statement shall not be considered the filing of a claim
  for benefits under this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 163 - Notice; Participants in the World Trade Center Rescue, Recovery and Clean-Up Operations.

§ 163. Notice; participants in the World Trade Center rescue, recovery
  and  clean-up  operations.  The  notice requirements for injury or death
  resulting from a qualifying condition for a participant in  World  Trade
  Center rescue, recovery and clean-up operations shall be the same as set
  forth  in section eighteen of this chapter, except that the notice shall
  be given to the employer, or in the case of a volunteer, to  the  board,
  within  two  years after the disablement of the participant or after the
  participant knew or should have known that the qualifying condition  was
  causally  related  to  his  or  her  participation in World Trade Center
  rescue, recovery and clean-up operations, whichever is the later date.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 164 - Disablement of a Participant in World Trade Center Rescue, Recovery and Clean-Up Operations Treated as an Accident.

§  164.  Disablement  of  a  participant in World Trade Center rescue,
  recovery and clean-up operations treated as an  accident.  The  date  of
  disablement  of a participant in World Trade Center rescue, recovery and
  clean-up operations  resulting  from  a  qualifying  condition  that  is
  causally  related  to such participant shall be treated as the happening
  of an accident within the meaning of this chapter and the procedure  and
  practice  provided  in this chapter shall apply to all proceedings under
  this article, except where otherwise specifically provided  herein.  The
  board shall determine the date of disablement that is most beneficial to
  the claimant.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 165 - Reopening of Disallowed Claims.

§  165.  Reopening  of  disallowed claims. The board, upon receiving a
  statement duly filed as required under section one hundred sixty-two  of
  this  article, from a participant in World Trade Center rescue, recovery
  and clean-up operations for a qualifying condition that  was  disallowed
  as barred by section eighteen or section twenty-eight of this chapter or
  by section one hundred sixty-two of this article for failure to register
  timely  shall  reopen  and redetermine such claim in accordance with the
  provisions of this article, provided that no such previously  disallowed
  claim  for  a qualifying condition shall be determined to have a date of
  disablement that would bar the claim under section eighteen  or  section
  twenty-eight of this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 166 - Liability of Employer and Insurance Carrier.

§  166.  Liability  of employer and insurance carrier. The employer in
  whose employment an employee participated in World Trade Center  rescue,
  recovery  and  clean-up  operations  shall be liable for any claim for a
  qualifying condition that is  causally  related  to  such  participation
  provided  that such participation arose out of and in the course of such
  employment. For the purpose of determining which carrier  has  insurance
  coverage  of  such  claim,  the date of accident shall be considered the
  last day of such participation.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 167 - Claims of Volunteers.

§  167.  Claims  of  volunteers. For persons who participated in World
  Trade Center rescue, recovery and clean-up operations as volunteers, the
  uninsured employers' fund shall be deemed to be  the  employer  for  the
  purposes  of  administering  and paying claims pursuant to this article.
  Benefits under this chapter shall be payable to such volunteers  in  the
  first  instance  and to the extent that funds are available out of funds
  appropriated to the United States Department of Labor under  Public  Law
  109-148  to  reimburse  the uninsured employer's fund for the payment of
  such benefits and thereafter from the  uninsured  employers'  fund.  The
  uninsured  employers'  fund  may  pay  for volunteers' medical treatment
  notwithstanding such medical expenses having been denied  by  the  World
  Trade Center Health Organization.
2023 New York Laws › WKC - Workers' Compensation › Article 8-A - World Trade Center Rescue, Recovery and Clean-Up Operations › 169 - Presumptive Evidence.

§   169.   Presumptive   evidence.  1.  The  board  shall  accept  the
  certifications of the Centers for Disease Control and  Prevention  World
  Trade  Center  Health  Program  as  presumptive evidence of causation of
  certified illnesses pursuant to  42  USC  300mm  for  claims  filed  for
  conditions  of  impairment  of  health or death pursuant to a qualifying
  condition.
2. Notwithstanding section eighteen or twenty-eight of  this  chapter,
  any  claimant  who filed a claim or claims that were denied prior to the
  effective date of this section may refile such claim  or  claims  within
  two years of the effective date of this section.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 202 - Covered Employer.

§  202.  Covered employer. 1. An employer who has in employment, after
  June thirtieth, nineteen hundred sixty-one, one  or  more  employees  on
  each  of  at  least thirty days in any calendar year, shall be a covered
  employer subject to the  provisions  of  this  article  from  and  after
  January  first,  nineteen  hundred  sixty-two, or the expiration of four
  weeks following the thirtieth day of such employment, whichever  is  the
  later.
2.  The  provisions of subdivision one of this section shall not apply
  to an employer of personal or domestic  employees  in  a  private  home,
  except  an  employer  shall become a covered employer from and after the
  expiration of four  weeks  following  the  employment  of  one  or  more
  personal  or  domestic  employees who work for a minimum of twenty hours
  per week for such employer and are employed on each of at  least  thirty
  days in any calendar year.
3.  A  covered  employer,  except  as otherwise provided herein, shall
  continue to be a covered employer until the end of any calendar year  in
  which  he shall not have employed in employment one or more employees on
  each of thirty days,  and  shall  have  duly  filed  with  the  chairman
  satisfactory  evidence  thereof.  A  covered  employer  of  employees in
  personal or domestic service in a private home shall continue  to  be  a
  covered  employer  until  the end of any calendar year in which he shall
  not have employed in such service one or more  employees  for  at  least
  forty hours per week and on each of at least thirty days, and shall have
  duly filed with the chairman satisfactory evidence thereof.
4.  An employer who by operation of law becomes successor to a covered
  employer, or who acquires by purchase or otherwise the trade or business
  of a covered employer, shall immediately become a covered employer.
5. Whenever an employee of a covered employer, with the consent of the
  employer, engages or permits another to do any work  in  employment  for
  which  the  employee  is  employed, the employer shall be deemed for the
  purpose of this article to be the employer also of  such  other  person,
  regardless of whether the employee or the employer pays for his service.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 203-A - Retaliatory Action Prohibited for Family Leave.

§  203-a.  Retaliatory  action  prohibited  for  family  leave. 1. The
  provisions of section one hundred twenty of this chapter and section two
  hundred forty-one of this article shall be applicable to family leave.
2. Nothing in this section shall be deemed  to  diminish  the  rights,
  privileges,  or remedies of any employee under any collective bargaining
  agreement or employment contract.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 203-B - Reinstatement Following Family Leave.

§  203-b.  Reinstatement following family leave. Any eligible employee
  of a covered employer who  takes  leave  under  this  article  shall  be
  entitled,  on  return from such leave, to be restored by the employer to
  the  position  of  employment  held  by  the  employee  when  the  leave
  commenced,  or  to  be restored to a comparable position with comparable
  employment benefits, pay and other terms and conditions  of  employment.
  The  taking  of  family  leave  shall  not  result  in  the  loss of any
  employment benefit  accrued  prior  to  the  date  on  which  the  leave
  commenced.  Nothing  in  this  section shall be construed to entitle any
  restored employee to the accrual of any seniority or employment benefits
  during any period of leave, or any right, benefit or position  to  which
  the  employee  would  have  been entitled had the employee not taken the
  leave.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 203-C - Health Insurance During Family Leave.

§  203-c  Health insurance during family leave. In accordance with the
  Family and Medical Leave Act (29 U.S.C. §§ 2601-2654), during any period
  of family leave the employer shall maintain any existing health benefits
  of the employee in force for the  duration  of  such  leave  as  if  the
  employee  had continued to work from the date he or she commenced family
  leave until the date he or she returns to employment.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 208 - Payment of Disability and Family Leave Benefits.

§  208.  Payment  of disability and family leave benefits. 1. Benefits
  provided under this article shall be paid periodically and promptly and,
  except as to a contested period of disability or family  leave,  without
  any  decision by the board, or designee of the chair pursuant to section
  two hundred twenty-one of this article. The first  payment  of  benefits
  shall  be  due  on  the fourteenth day of disability or family leave and
  benefits for that period shall be paid directly to the  employee  within
  four  business  days  thereafter  or within four business days after the
  filing of required proof of  claim,  whichever  is  the  later.  If  the
  employer  or carrier rejects an initial claim for family leave benefits,
  the employer or carrier must notify the employee in a manner  prescribed
  by  the  chair  within  eighteen  days  of filing of the proof of claim.
  Failure to timely reject shall constitute a waiver of objection  to  the
  family  leave  claim.  Thereafter  benefits  shall  be  due  and payable
  bi-weekly in like manner. The chair or  chair's  designee,  pursuant  to
  section  two  hundred  twenty-one  of  this  article, may determine that
  benefits may be paid monthly or semi-monthly if wages were so paid,  and
  may  authorize  deviation  from the foregoing requirements to facilitate
  prompt payment of benefits. Any inquiry which  requires  the  employee's
  response in order to continue benefits uninterrupted or unmodified shall
  provide a reasonable time period in which to respond and include a clear
  and  prominent statement of the deadline for responding and consequences
  of failing to respond.
2. The chair and superintendent of financial  services  may,  whenever
  such  information  is  deemed  necessary, require any carrier to file in
  form prescribed by the chair a report or reports  as  to  any  claim  or
  claims,  including  (but  without  limitation) dates of commencement and
  termination of benefit payments and amount of benefits paid  under  this
  article.  The  chair  and  superintendent of financial services may also
  require annually information in respect to  the  aggregate  of  benefits
  paid,  the number of claims allowed and disallowed, the average benefits
  and duration of benefit periods, the amount of payrolls covered and such
  other information as the chair may deem necessary for  the  purposes  of
  administering  this  article.  If  the  carrier is providing benefits in
  respect to more than one  employer,  the  chair  and  superintendent  of
  financial services may require that such information be shown separately
  as  to  those  employers  who  are  providing  only  benefits  that  are
  substantially the same as the benefits required  in  this  article.  The
  chair  and superintendent of financial services may prescribe the format
  of such  report  and  may  promulgate  regulations  to  effectuate  this
  article.