2023 New York Laws › WKC - Workers' Compensation › Article 8 - Administration › 150-A - Secretary as Agent for Service of Process on Non-Resident Non-Insured Employers; Method and Effect of Service.

§  150-a.  Secretary  as  agent for service of process on non-resident
  non-insured employers; method and effect  of  service.  Any  non-insured
  employer,  not  a  resident  of  this  state or any resident non-insured
  employer who becomes a non-resident of this state after  the  occurrence
  of  any  injury  to  an  employee,  who  shall  employ or who shall have
  employed any person  who  shall  be  entitled  to  benefits  under  this
  chapter,  shall be deemed, by the accepting of the privilege of engaging
  in work in this state, to make, constitute and appoint the secretary  of
  the  workmen's compensation board as his or its agent for the acceptance
  of process in any proceeding  by  any  such  employee  or  dependent  or
  representative  of  such  employee, under and by virtue of this chapter;
  and the acceptance of such privilege shall be a  signification  of  such
  employer  that  any  such  process issued against him or it, which is so
  served, shall be of the same legal force and validity as if served  upon
  him or it personally within the state.
Service  of  such  process shall be made by filing a copy of the claim
  for workmen's compensation with the secretary of  the  board,  and  such
  service  shall  be  sufficient  service upon such non-resident employer,
  provided that notice of such filing together with copy of the claim  for
  workmen's  compensation  are  forthwith  sent  by registered mail by the
  secretary of the board to the employer to the  address  stated  in  such
  claim  for  workmen's  compensation  or  the  last  known address of the
  employer.
A non-resident employer against whom claim for compensation  has  been
  filed  with  the  chairman  under and by virtue of this chapter shall be
  deemed to have consented that the appointment of the  secretary  of  the
  board  as his or its agent for the acceptance of process pursuant to the
  provisions of this section shall be irrevocable  and  binding  upon  his
  executor  or  administrator.  Where  the  non-resident employer has died
  prior to the filing of a  claim  for  workmen's  compensation  with  the
  chairman,   service  of  process  shall  be  made  on  the  executor  or
  administrator of such non-resident employer in the same  manner  and  on
  the  same  notice as is provided in the case of a non-resident employer.
  Where the non-resident employer has died subsequent to  the  service  of
  process  made  in  accordance  with  the provisions of this section, the
  proceedings under and by virtue of this chapter shall  continue  against
  his  executor  or administrator upon such notice as the board shall deem
  proper. The board may order such continuance  as  may  be  necessary  to
  afford the employer a reasonable opportunity to defend the claim.
This  section  shall  be  construed  to extend the right of service of
  process upon non-residents and shall not be construed  as  limiting  any
  provisions for the service of process now or hereafter existing.