reglab/statecodes huggingface dataset:
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 210 - Employer Contributions.

§ 210. Employer contributions. 1. Every covered employer shall, on and
  after  January  first,  nineteen  hundred  fifty, contribute the cost of
  providing disability benefits in excess of the  contributions  collected
  from  his  or her employees, to the extent and in the manner provided in
  this article.
2.  The  special  contribution  of  each  covered  employer   to   the
  accumulation  of funds to provide benefits for disabled unemployed shall
  be as provided in subdivision one of section  two  hundred  fourteen  of
  this article.
3. The contribution of every covered employer to the cost of providing
  disability  benefits after June thirtieth, nineteen hundred fifty, shall
  be the excess of such cost over the amount of the contributions  of  his
  or her employees.
4.  No  profit  shall  be  derived  by  any employer or association of
  employers or of employees  from  providing  payment  of  disability  and
  family  leave  benefits  under  this  article.  All  funds  representing
  contributions of employers and employees, and increments  thereon,  held
  by  employers or associations of employers or of employees authorized or
  permitted to pay benefits under the provisions of this article,  and  by
  trustees   paying   benefits  under  plans  or  agreements  meeting  the
  requirements of section two hundred eleven of  this  article,  shall  be
  trust  funds  and  shall  be expended only to provide for the payment of
  benefits to employees and for the costs of  administering  this  article
  and  for  the  support of the fund established under section two hundred
  fourteen of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 212-A

§ 212-a. Notwithstanding the definition of "employer" and "employment"
  set forth in section two hundred one of this article and the requirement
  for  insurance  policies  to  offer  both  disability  and  family leave
  coverage set forth in two hundred twenty six of this article, the state,
  any political subdivision of the state, a public authority or any  other
  governmental  agency  or  instrumentality, may elect to become a covered
  employer solely for the purpose of family leave benefits.  Coverage  for
  family  leave benefits may be secured by a public employer, as that term
  is defined in subdivision one of section two hundred  twelve-b  of  this
  article,  as  permitted by this article, including as applicable section
  two hundred eleven,  subdivision  four  of  section  fifty,  or  section
  eighty-eight-c.  The  provider  of family leave coverage for such public
  employees shall be exempt from the requirement that  insurance  policies
  offer  both  disability and family leave benefits in section two hundred
  twenty-six of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 212-B - Public Employees; Public Employees Represented by an Employee Organization; Employee Opt In.

§ 212-b. Public employees; public employees represented by an employee
  organization; employee opt in.
1.  For purposes of this section, "public employee" means any employee
  of the state, any political subdivision of the state, a public authority
  or any other governmental agency or instrumentality.  "Public  employer"
  means  the  state,  any  political  subdivision  of  the state, a public
  authority or any other governmental agency or  instrumentality  thereof.
  "Employee organization" shall have the same meaning set forth in section
  two hundred one of the civil service law.
2.  Public employers shall provide benefits for family leave to public
  employees in accordance with the  procedures  and  terms  set  forth  in
  subdivision three of this section.
3.   (a)   An   employee  organization  may,  pursuant  to  collective
  bargaining, opt in to paid family leave  benefits  on  behalf  of  those
  public  employees  it  is  either  certified or recognized to represent,
  within the meaning of article fourteen of the civil service law. Nothing
  in this section shall prohibit an agreement to opt  in  to  paid  family
  leave  between  the  employee  organization  and any public employer. An
  employee organization that has opted in to paid  family  leave  benefits
  may,  pursuant  to  collective  bargaining, opt out of it as is mutually
  agreed upon between the employee organization and any public employer.
b. For public  employees  who  are  not  represented  by  an  employee
  organization,  the  public  employer  may  opt-in  to  paid family leave
  benefits within ninety days notice to such public  employees.  Following
  opt-in  by  a public employer for public employees not represented by an
  employee organization, the public employer may opt-out  of  paid  family
  leave benefits with twelve months notice to those public employees.
4.  In  the  absence  of  any  contrary  statement  in  a collectively
  negotiated agreement under article fourteen of the civil service law,  a
  public  employer  may  require  public  employees  who opt in under this
  section to provide the maximum  employee  contribution,  as  defined  in
  paragraph  (b)  of subdivision three of section two hundred nine of this
  article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 214 - Special Fund for Disability Benefits.

§ 214. Special fund for disability benefits. There is hereby created a
  fund which shall be known as the special fund for disability benefits to
  provide  for  the  payment  of  disability  benefits  under sections two
  hundred seven, two hundred thirteen and attendance  fees  under  section
  two hundred thirty-two of this article.
1.  As  promptly  as  practicable after April first, in each year, the
  chairman shall ascertain the condition of the fund, and  if  as  of  any
  such  date  the  net  assets of the fund shall be one million dollars or
  more below the sum of twelve million dollars, the chairman shall  assess
  and  collect an amount sufficient to restore the fund to an amount equal
  to twelve million dollars.. Such assessment shall  be  included  in  the
  assessment  rate  established pursuant to subdivision two of section one
  hundred fifty-one of this chapter. Such assessments shall  be  deposited
  with  the  commissioner  of  taxation and finance and transferred to the
  benefit of such fund upon payment of debt service, if any,  pursuant  to
  section one hundred fifty-one of this chapter.
2.  Whenever  the  net  assets  of  the  fund shall be less than three
  million dollars and the disability claims  currently  being  paid  shall
  indicate  the  necessity  of  supplementing  the  assets of the fund the
  chairman may transfer from monies collected pursuant to subdivision  two
  of section one hundred fifty-one of this chapter an amount sufficient in
  the  discretion  of  the  chairman for the needs of the fund, but not in
  excess of an amount sufficient to restore the  fund  to  twelve  million
  dollars.
3.  All  contributions  and assessments received by the chairman under
  the provisions of this section shall be  credited  to  the  fund  herein
  established  and  deposited  by  the  chairman  to  the  credit  of  the
  commissioner of taxation and finance for the benefit of  the  fund.  The
  superintendent  of  financial services may examine into the condition of
  the fund at any time on his own initiative or upon the  request  of  the
  chairman.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 215 - Commissioner of Taxation and Finance Custodian of Fund.

§  215.  Commissioner  of  taxation and finance custodian of fund. The
  commissioner of taxation and finance  shall  be  the  custodian  of  the
  special  fund  for  disability  benefits and all disbursements therefrom
  shall be paid by him  upon  drafts  signed  by  the  chairman  or  those
  authorized  by  the  chairman  for  that  purpose.  The  commissioner of
  taxation and finance shall give a separate and  additional  bond  in  an
  amount  to  be  fixed  by  and  with  sureties  approved  by  the  state
  comptroller conditioned for the faithful  performance  of  his  duty  as
  custodian  of  the  fund. The commissioner of taxation and finance shall
  deposit any portion of the fund not needed for  immediate  use,  in  the
  manner  and  subject to all the provisions of law respecting the deposit
  of other state funds by him. The commissioner of  taxation  and  finance
  may  invest  any  surplus or reserve moneys thereof in securities of the
  United States  or  the  state  of  New  York  and  in  interest  bearing
  certificates  of  deposit  of  a  bank  or  trust  company  located  and
  authorized to do business in this state or of a national bank located in
  this state secured by a pledge  of  direct  obligations  of  the  United
  States or of the state of New York, or in accordance with the provisions
  of  section  ninety-eight-a of the state finance law, in an amount equal
  to the amount of such certificates of deposit, and  may  sell  any  such
  securities  or  certificates  of  deposit  if  advisable  for the proper
  administration of such fund. Interest earned by such portion of the fund
  deposited or invested by the commissioner of taxation and finance  shall
  be  collected  by  him  and  placed  to  the  credit  of  the  fund. The
  commissioner of taxation and finance may issue checks on  the  fund  for
  the  transfers  of  moneys  between  depositories and for the purpose of
  making investments for the fund.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 216 - Disposition of Uncommitted Balance of Employees' Contributions.

§ 216. Disposition of uncommitted balance of employees' contributions.
  Whenever  any  arrangement for the provision of benefits as set forth in
  section two hundred eleven is terminated,  any  uncommitted  balance  of
  employee  contributions  shall  be utilized only to pay accrued benefits
  and to provide benefits under this article.  On  the  liquidation  of  a
  covered  employer's  business,  or  when  he shall cease to be a covered
  employer, any such sums so remaining in  excess  of  those  required  to
  discharge  obligations under this article may be used for the benefit of
  employees on a reasonable basis approved by the chairman, and  any  such
  sums  not  so used shall be promptly paid to the chairman for deposit in
  the fund created under section two hundred fourteen.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 218 - Disability Benefit Rights Inalienable.

§  218.  Disability benefit rights inalienable. 1. Any agreement by an
  employee to waive his rights under this article shall be void.
2. Disability  benefits  payable  under  this  article  shall  not  be
  assigned  or  released, except as provided in this article, and shall be
  exempt from all  claims  of  creditors  and  from  levy,  execution  and
  attachment  or  other remedy for recovery or collection of a debt, which
  exemption may not be waived provided, however, that such benefits  shall
  be  subject  to  an  income  execution  or order for support enforcement
  pursuant to section fifty-two hundred  forty-one  or  fifty-two  hundred
  forty-two of the civil practice law and rules.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 219 - Enforcement of Payment in Default.

§  219. Enforcement of payment in default. In case of a default in the
  payment of any benefits, assessments or  penalties  payable  under  this
  article  by  an employer who has failed to comply with the provisions of
  section two hundred eleven of this article or refusal of  such  employer
  to reimburse the fund under section two hundred fourteen of this article
  for  the  expenditures  made  therefrom  pursuant to section two hundred
  thirteen of this article or to deposit within ten days after demand  the
  estimated  value  of  benefits not presently payable, the chair may file
  with the county clerk for the county  in  which  the  employer  has  his
  principal  place of business (1) a certified copy of the decision of the
  board, or alternative dispute resolution association designated  by  the
  chair  pursuant  to  section  two hundred twenty-one of this article, or
  order of the chair, or (2) a certified copy of the demand for deposit of
  security, and thereupon judgment must be entered in the supreme court by
  the clerk of such county in conformity therewith immediately  upon  such
  filing.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 222 - Technical Rules of Evidence or Procedure Not Required.

§  222.  Technical  rules  of  evidence or procedure not required. The
  chair, the board or  the  chair's  designee,  pursuant  to  section  two
  hundred  twenty-one  of  this  article,  in  making  an investigation or
  inquiry or conducting a hearing shall not be  bound  by  common  law  or
  statutory  rules  of  evidence  or  by  technical  or  formal  rules  of
  procedure, except as  provided  by  this  chapter;  but  may  make  such
  investigation  or  inquiry  or conduct such hearing in such manner as to
  ascertain the substantial rights of the parties.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 223 - Modification of Board Decisions or Orders.

§  223. Modification of board decisions or orders. Upon its own motion
  or upon the application of any party in interest, the board may  at  any
  time  review any decision or order regarding disability benefits and, on
  such review, may make a decision ending, diminishing or  increasing  the
  disability  benefits  previously  ordered,  and  shall  state the reason
  therefor.  Upon  the  filing  of  such  decision  regarding   disability
  benefits, the chair shall send to each of the parties a copy thereof. No
  such  review  shall  affect  any previous decision as regards any moneys
  regarding disability benefits  already  paid,  except  that  a  decision
  increasing  the  disability benefit rate may be made effective from date
  of commencement of disability, and except  that,  if  any  part  of  the
  disability  benefits due is unpaid, a decision decreasing the disability
  benefit rate may be made effective from the commencement of  disability,
  and  any  payments  made  prior thereto in excess of such decreased rate
  shall be deducted from future disability benefits in such manner and  by
  such method as may be determined by the board.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 224 - Appeals.

§  224.  Appeals.  All  the provisions of section twenty-three of this
  chapter with respect to decisions of the board  and  appeals  from  such
  decisions  shall  be  applicable  to  decisions  of  the board regarding
  disability  benefits  and  to  appeals  from  such  decisions  regarding
  disability  benefits  as  fully  in all respects as if the provisions of
  section twenty-three of this  chapter  were  fully  set  forth  in  this
  article  except that reimbursement for disability benefits, if required,
  following modification or rescission upon  appeal  shall  be  paid  from
  administrative  expenses as provided in section two hundred twenty-eight
  of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 225 - Fees for Representing Employees.

§  225.  Fees  for  representing  employees.  Claims  of attorneys and
  counsellors-at-law for services in connection with any  contested  claim
  arising  under  this article shall not be enforceable unless approved by
  the board. If so approved, such fee or fees shall become a lien upon the
  benefits ordered, but shall be paid therefrom only in the  manner  fixed
  by  the  board  or  the  alternative dispute resolution association. Any
  other person, firm, corporation, organization, or other association  who
  shall  exact or receive any fee or gratuity for any services rendered on
  behalf of an employee except in an amount so determined shall be  guilty
  of  a  misdemeanor.  Any  person,  firm,  corporation,  organization, or
  association who shall solicit  the  business  of  an  employee  claiming
  benefits  under this article, or who shall make it a business to solicit
  employment for a lawyer in connection with any claim for  disability  or
  family  leave benefits under this article, or who shall exact or receive
  any fee or gratuity or other charge with respect to  the  collection  of
  any  uncontested claim for disability or family leave benefits, shall be
  guilty of a misdemeanor.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 228 - Administrative Expenses.

§  228.  Administrative  expenses.  1.  The  estimated annual expenses
  necessary  for  the  workers'  compensation  board  to  administer   the
  provisions of the disability benefits law shall be borne by all affected
  employers and included as part of the assessment rate generated pursuant
  to subdivision two of section one hundred fifty-one of this chapter.
2.  Annually, as soon as practicable after the first day of April, the
  chair and department of audit and  control  shall  ascertain  the  total
  amount of actual expenses.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 229 - Posting of Notice and Providing of Notice of Rights.

§  229.  Posting  of notice and providing of notice of rights. 1. Each
  covered employer shall post and  maintain  in  a  conspicuous  place  or
  places  in  and  about  the  employer's  place  or  places  of  business
  typewritten or printed notices in form prescribed by the chair,  stating
  that  the employer has provided for the payment of disability and family
  leave benefits as required by this article. The chair  may  require  any
  covered  employer to furnish a written statement at any time showing the
  carrier insuring the payment of  benefits  under  this  article  or  the
  manner  in  which  such  employer  has complied with section two hundred
  eleven of this article or any other provision of this  article.  Failure
  for  a  period  of  ten  days  to  furnish  such written statement shall
  constitute presumptive evidence that  such  employer  has  neglected  or
  failed in respect of any of the matters so required.
2.  Whenever  an  employee  of  a covered employer who is eligible for
  benefits under section two hundred four of this article shall be  absent
  from  work  due to a disability or to provide family leave as defined in
  subdivision nine and subdivision fifteen respectively,  of  section  two
  hundred  one  of  this article for more than seven consecutive days, the
  employer shall provide the employee with  a  written  statement  of  the
  employee's  rights under this article in a form prescribed by the chair.
  The statement shall be provided to the  employee  within  five  business
  days  after  the  employee's  seventh  consecutive day of absence due to
  disability or family leave  or  within  five  business  days  after  the
  employer  has  received  notice  that  the  employee's absence is due to
  disability or family leave, whichever is later.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 231 - Subpoenas.

§  231.  Subpoenas. A subpoena or a subpoena duces tecum may be signed
  and issued by the chairman, a member  of  the  board,  referee  or  such
  officer  as  may be designated by the chairman. A subpoena or a subpoena
  duces  tecum  may  also  be  signed  and  issued  by  any  attorney  and
  counsellor-at-law appearing before the board on behalf of an employee or
  other  party. A subpoena issued under this section shall be regulated by
  the civil practice law and rules.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 232 - Fees for Testimony of Physicians, Podiatrists, Chiropractors, Dentists, Psychologists and Health Care Providers.

§  232.  Fees for testimony of physicians, podiatrists, chiropractors,
  dentists, psychologists and health care providers. Whenever his  or  her
  attendance  at  a hearing, deposition or arbitration before the board or
  the chair's designee, pursuant to section two hundred twenty-one of this
  article, is required, the attending physician or attending podiatrist or
  attending chiropractor or attending dentist or attending psychologist or
  attending certified nurse midwife of the disabled employee, except  such
  physicians  as  are disqualified from testifying pursuant to subdivision
  one of section thirteen-b, or section nineteen-a of  this  chapter,  and
  except  such  podiatrists  as are disqualified from testifying under the
  provisions of section thirteen-k, and except such chiropractors  as  are
  disqualified from testifying under the provisions of section thirteen-l,
  and  except such psychologists as are disqualified from testifying under
  the provisions of section thirteen-m, or health care provider  shall  be
  entitled to receive a fee in accordance with regulations of the chair.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 233 - Inspection of Records of Employers.

§  233.  Inspection  of  records  of employers. All books, records and
  payrolls of employers shall be open for inspection by the chairman or by
  any officer or employee of the board designated by him for  the  purpose
  of ascertaining the amount of wages and the number of employees and such
  other  information  as  may  be  necessary in the administration of this
  article. Any person who refuses to allow the chairman or his  authorized
  representative  to  inspect any such books, records or payrolls relative
  to the enforcement of this article shall be guilty of a misdemeanor.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 234 - Disclosures Prohibited.

§ 234. Disclosures prohibited. Information as required by any carrier,
  or  its  officers  or  employees,  from employers or employees or others
  pursuant to this article shall not be opened  to  public  inspection  or
  used  for  any  purpose other than the determination of claims under and
  complying with the provisions of  this  article;  and  any  carrier,  or
  officer  or  employee of a carrier who, except with the authority of the
  chairman or pursuant to his regulations, or  as  otherwise  provided  by
  law, shall disclose the same shall be guilty of a misdemeanor.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 235 - Exemptions.

§  235.  Exemptions.  Any  employee who is receiving or is entitled to
  receive old-age  insurance  benefits  under  title  two  of  the  social
  security  act,  shall  be  exempt from this article upon filing with the
  chairman and his employer a statement, in  such  form  as  the  chairman
  shall  prescribe,  waiving  any  and  all  benefits  under this article.
  Thereafter  such  employee  shall  be  exempt  from  any  liability   to
  contribute  toward  the cost of such benefits, and his employer shall be
  relieved of responsibility to provide for the payment of any benefits to
  such employee under this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 236 - Disposition of Accrued Benefits Upon Death.

§ 236. Disposition of accrued benefits upon death. If any benefits due
  under  this  article to an employee are unpaid at the time of his death,
  such benefits shall be payable to the estate of the  individual  or,  at
  the  option of the carrier, may be paid to the surviving spouse, parent,
  child or children of the deceased employee.  Benefits that are not  paid
  as  above  provided  shall,  after the expiration of one year after such
  death, be paid into the special fund  for  disability  benefits  created
  under section two hundred fourteen of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 237 - Reimbursement for Advance Payments by Employers.

§ 237. Reimbursement for advance payments by employers. If an employer
  has  made  advance  payments  of  benefits  or  has  made payments to an
  employee in like manner as wages during  any  period  of  disability  or
  family  leave  for  which  such  employee  is  entitled  to the benefits
  provided by this article, he or she shall be entitled to  be  reimbursed
  by the carrier out of any benefits due or to become due for the existing
  disability or family leave, if the claim for reimbursement is filed with
  the carrier prior to payment of the benefits by the carrier.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 239 - Representation Before the Board.

§   239.  Representation  before  the  board.  Any  person,  firm,  or
  corporation licensed by the board under section  twenty-four-a  of  this
  article or subdivision three-b of section fifty of this chapter shall be
  deemed to be authorized to appear in behalf of claimants or self insured
  employers,  as  the case may be, in contested disability or family leave
  claims under this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 240 - Non-Liability of State.

§  240.  Non-liability  of  state.  The  special  fund  for disability
  benefits created by section two hundred fourteen shall be the  sole  and
  exclusive  source  for  the payment of benefits provided by sections two
  hundred seven and two hundred thirteen. The state of New York undertakes
  the administration of the fund without any liability on the part of  the
  state beyond the amount of moneys actually collected and credited to the
  fund.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 241 - Application of Other Provisions of Chapter.

§  241. Application of other provisions of chapter. All the powers and
  duties conferred or imposed upon the chairman and board by this  chapter
  that  are  necessary  for  the  administration  of  this article and not
  inconsistent are,  to  that  extent,  hereby  made  applicable  to  this
  article;  and none of the other provisions of this chapter pertaining to
  benefits provided by other articles of this chapter shall  be  construed
  to be applicable to this article.  The provisions of section one hundred
  twenty  of  this chapter shall be applicable as fully as if set forth in
  this article,  except  that  penalties  paid  into  the  state  treasury
  pursuant thereto under this article shall be applied toward the expenses
  of administering this article.
2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 242 - Separability of Provisions; Federal Law; Regulations.

§ 242. Separability of provisions; federal law; regulations. 1. If any
  provision  of  this  article or the application thereof to any person or
  circumstances is held invalid, the remainder of  this  article  and  the
  application  of  such  provision to other persons or circumstances shall
  not be affected thereby.
2. Nothing in this article shall be interpreted or applied  so  as  to
  create a conflict with federal law.
3.  The  chair shall have authority to adopt regulations to effectuate
  any of the provisions of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 301 - Declaration of Policy and Legislative Intent.

§ 301. Declaration of policy and legislative intent.  The president of
  the  United  States  on  December  sixteenth,  nineteen  hundred  fifty,
  proclaimed a state of national emergency. The governor of this state, in
  a special message to the legislature on January eighth, nineteen hundred
  fifty-one, recommended a program for the defense of the  people  of  our
  state and the safeguarding of property against attack.  In order to make
  effective necessary measures of civil defense, many of our citizens will
  voluntarily  undertake  to  perform civil defense duties and may, in the
  event of attack, be exposed to injury in the performance  of  authorized
  civil defense duties they voluntarily assumed as a patriotic service for
  the common good.
Those  who  volunteer  to  perform  civil  defense duties deserve some
  protection  for  themselves  and  their  families  in  the  event   that
  disability  or  death should be incurred while they are performing these
  duties.  No  such  benefits  have  yet  been  provided  by  the  federal
  government.  Accordingly  it  is hereby declared to be the intent of the
  legislature that special workmen's compensation benefits, as provided in
  this article, should be made available for civil defense  volunteers  in
  this state.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 302 - Definitions.

§  302.  Definitions.  Except  as  otherwise provided in this article,
  terms used in this article shall have the meaning given to such terms in
  articles one to eight, inclusive, of  this  chapter  and  in  the  state
  defense emergency act.
1. "Civil defense volunteers" shall include those members of the civil
  defense  forces  under the provisions of the state defense emergency act
  who are volunteer persons serving without compensation in the  personnel
  of volunteer agencies.
2. "Authorized civil defense service" for the purposes of this article
  includes  duties  and  services  performed  by an air raid warden during
  attack, actual or imminent, and subsequent to  attack,  but  not  during
  training  or  practice  periods;  and duties and services performed by a
  civil defense volunteer other than an air raid warden  following  actual
  attack,  but  not  during training or practice periods or during attack,
  actual or imminent. For the purposes  of  this  article,  such  services
  shall  be  those  authorized  by  the local director of civil defense in
  accordance with regulations  and  orders  of  the  commission  or  state
  director of civil defense.
3.  "Injury"  within the meaning of this article means only accidental
  injury arising in the course of authorized civil defense service  during
  attack,  actual  or  imminent,  or  subsequent to attack, and disease or
  infection that may be sustained or death incurred either as the  natural
  and unavoidable result thereof or of exposure to radiation or to noxious
  gases or to germ warfare in the course of such authorized service.
4.  "Commission" shall mean the state civil defense commission created
  by article  three  of  the  state  defense  emergency  act,  and  "state
  director"  shall  mean  the  New  York  state  director of civil defense
  appointed under the provisions of said act.
5. "Board" shall mean the workers' compensation board.
6. "Chairman" shall mean the chairman  of  the  workers'  compensation
  board.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 303 - Provision of Workmen's Compensation for Civil Defense Volunteers.

§   303.   Provision  of  workmen's  compensation  for  civil  defense
  volunteers.  A  civil  defense  volunteer  performing  authorized  civil
  defense  services  shall  be  deemed  to be in special employment of his
  local office as defined in the state defense  emergency  act.  Workmen's
  compensation  benefits  are  provided  in this article for disability or
  death proximately caused  by  injury  in  the  course  of  such  special
  employment  without  regard  to fault as a cause of injury. Such special
  employment may be within the area under the jurisdiction  of  the  local
  director  in  which  civil  defense  volunteers of said local office are
  mobilized or outside  such  area  where  civil  defense  volunteers  are
  operating  in  accordance with plans approved by or orders issued by the
  New York state civil defense commission.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 304 - Evidence of Authorized Services.

§   304.   Evidence   of  authorized  services.  For  the  purpose  of
  administering this article a certified copy of regulations and orders of
  the commission or state director shall be evidence  thereof  when  filed
  with  the  chairman;  but  if  not  so  filed  the  burden of proving an
  authorized civil defense service or duty or activity  shall  be  on  the
  claimant.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 306 - Compensation Not Allowed During First Seven Days.

§   306.   Compensation  not  allowed  during  first  seven  days.  No
  compensation shall be allowed for the first seven  days  of  disability,
  except   medical   benefits  provided  in  section  three  hundred  five
  subdivision three; and during a period of time and  within  an  area  in
  which  a  county  or city is providing medical treatment for the injured
  under section twenty-five of the state defense  emergency  act,  medical
  attendance or treatment under this article shall not be allowed.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 307 - Computation of Benefits.

§  307.  Computation  of  benefits.  Compensation  of  a civil defense
  volunteer under this article shall be computed on the basis of his wages
  during the year preceding  injury,  in  case  of  disability  under  the
  provisions  of  section  fourteen  subject to the limitations of section
  fifteen subdivision six, and in case of death under  the  provisions  of
  section  sixteen  subdivision  five;  and "wages" shall be as defined in
  section two subdivision nine.
Compensation of a civil defense volunteer who was self-employed at the
  time of injury shall be computed, whether for disability  or  death,  on
  the  basis  of  the  wages  of  a  similar  worker  determined under the
  provisions of section fourteen unless the self-employed volunteer, or  a
  dependent  in  a  death  case, shall authorize the state commissioner of
  taxation and finance to furnish to the chairman a copy of the income tax
  return of the civil defense volunteer filed to report income of the year
  next preceding the date of injury, in  which  event  compensation  under
  this  article  shall  be  computed on the basis of an assumed wage which
  shall be deemed to be the entire net income from  self-employment  minus
  investment  income  as  reported to the state department of taxation and
  finance.
If earnings as so computed do not fairly represent normal earnings  of
  the  civil  defense  volunteer,  there  may  be  a  redetermination more
  accurately to reflect earnings and the chairman may  by  rule  prescribe
  reasonable procedures for such redetermination.
If  the  compensation of a civil defense volunteer can not be computed
  either on the basis of actual wages or wages of a  similar  worker,  the
  compensation  of  such  civil  defense  volunteer  shall  be at the rate
  provided in section fifteen subdivision six  as  the  minimum  rate  for
  disability  or,  in  case  of death, on the basis of assumed wages which
  shall be deemed not to be less than  the  minimum  provided  in  section
  sixteen subdivision five.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 308 - Liability for Compensation.

§  308.  Liability  for  compensation.  Compensation  provided in this
  article, including cash benefits,  medical  and  chiropractic  care  and
  funeral  expenses,  shall  be  paid  by the chairman promptly out of the
  special fund created under this article and, except as to  a  disallowed
  claim, without decision by the board.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 309 - Non-Duplication.

§  309.  Non-duplication. No compensation under the provisions of this
  article shall be payable to  any  civil  defense  volunteer  or  to  the
  dependents  of  a deceased civil defense volunteer otherwise entitled to
  receive workers' compensation under the provisions of this chapter or of
  any  other  law,  or  volunteer  firefighters'  benefits  or   volunteer
  ambulance  workers'  benefits  under  the  provisions  of  the volunteer
  firefighters' benefit law or the volunteer  ambulance  workers'  benefit
  law  or  of any other law, or if the disabled civil defense volunteer or
  the dependents of a deceased civil defense  volunteer  are  entitled  to
  receive benefits under the disability benefits law or similar statute of
  any  state or under any disability or retirement or insurance program of
  an employer who has  contributed  to  the  cost  thereof  or  under  any
  provision  of  benefits  by or under laws of the federal government or a
  state or political subdivision thereof, except only as herein  provided.
  Compensation  payable  under this article shall in such event, or any of
  them,  be  reduced  to  an  amount  which,  together  with  such   other
  compensation  or  benefits,  shall not exceed in aggregate the amount of
  compensation to which the claimant, or his dependents, would be entitled
  under this article but for such other provision.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 310 - Disposition of Accrued Benefits Upon Death.

§ 310. Disposition of accrued benefits upon death. If any benefits due
  to  a  civil defense volunteer under this article are unpaid at the time
  of his death, such benefits shall  be  payable  to  the  estate  of  the
  claimant or, at the option of the chairman, may be paid to the surviving
  spouse,  child  or  children of the deceased employee. Benefits that are
  not paid as above provided shall lapse.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 311 - Payments to Minors.

§  311.  Payments  to  minors. Civil defense volunteers who are minors
  shall be deemed to be sui juris for the purpose of receiving payment  of
  compensation under this article. Work as a civil defense volunteer shall
  not be deemed an employment in violation of any of the provisions of the
  labor law for purposes of section fourteen-a.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 312 - Exclusiveness of Remedy.

§  312.  Exclusiveness  of  remedy.  Compensation  as provided in this
  article shall be the exclusive remedy of a civil  defense  volunteer  or
  his  or  her  spouse, dependents, executor or administrator, for injury,
  disease or death arising  in  the  course  of  civil  defense  volunteer
  service,  as against the state or any political subdivision of the state
  or civil defense agency or any  person  or  other  agency  acting  under
  governmental authoritiy in furtherance of civil defense activities, with
  or  without  negligence,  except  only  as  otherwise provided by law. A
  member of a civil defense agency of the federal government or of another
  state or of the Dominion of  Canada  or  a  province  thereof,  who  may
  perform  services  within  this  state, whether pursuant to a mutual aid
  compact or otherwise, shall not be entitled to  compensation  under  the
  provisions of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 313 - Compensation Inalienable.

§  313.  Compensation  inalienable.  Compensation  payable  under this
  article shall not be assigned or released and shall be exempt  from  all
  claims  of  creditors  and  from levy, execution and attachment or other
  remedy for recovery or collection of a debt, which exemption may not  be
  waived.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 314 - Claim Filing.

§  314. Claim filing. The right to compensation including medical care
  and funeral expenses under the  provisions  of  this  article  shall  be
  barred  unless  written  claim  is filed with the chairman within ninety
  days after injury or, if death results  therefrom,  within  ninety  days
  after  death;  except that if death shall occur more than one year after
  the injury, the right shall be barred unless prior written  claim  based
  on the injury has been timely filed. If disability or death is caused by
  a  disease  that  is  included  among the diseases enumerated in section
  forty, then the claim may be filed within the time  and  in  the  manner
  provided in section forty.
Failure  to  file  written  claim  as  required  may be excused by the
  chairman on the ground that, for good and sufficient reason, claim could
  not be filed on time.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 315 - Claims Procedures.

§   315.   Claims   procedures.   Claims   shall  be  subject  to  the
  administrative procedures prescribed for claims filed with the  chairman
  for disability benefits payable under section two hundred seven.
The  chairman  may  require  a claimant under this article to file the
  same proofs required under other  articles  of  this  chapter  or  other
  proofs  for  determination of rights under this article, and may require
  the employer or any former  employer  of  the  claimant  and  the  local
  director  to  file  reports  and  to  furnish such information as may be
  reasonably necessary for such  determination.  If  any  such  report  or
  information   is   not   filed  or  furnished,  the  chairman  may  make
  determination on the  basis  of  available  information,  including  the
  claimant's statement.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 316 - Record of Enrollment.

§  316.  Record  of  enrollment.  Each local director of civil defense
  shall maintain a record of enrollment of civil  defense  volunteers  who
  are  personnel  of the volunteer agencies sponsored by his local office.
  Each record shall contain the name and address  of  the  volunteer,  the
  name  of  his employer, date of enrollment and authorized classification
  or assignment to duty, including the times of his assigned duty, as well
  as changes in  or  termination  of  enrollment.  Such  record  shall  be
  maintained  in  duplicate  and  the  duplicate records shall be filed in
  separate places for greater security in the event of attack.
Records of enrollment  shall  be  open  for  inspection  during  usual
  business hours by the chairman or by an officer or employee of the board
  designated  by  the  chairman.  The  local director shall furnish to the
  chairman on request such information in the record of enrollment  as  is
  required for administration of this article.
In  the  event  of attack, actual or imminent, for which volunteers in
  any part of the area under the jurisdiction  of  a  local  director  are
  mobilized,  the  local  director shall forthwith deliver to the chairman
  one of such duplicate records of enrollment.
If the civil defense volunteers enrolled by a local office  shall,  in
  accordance  with  a  mutual aid agreement approved by the New York state
  civil defense commission, respond to a request for assistance  from  any
  place,  either  within  or without the state, which has suffered attack,
  and shall perform therein authorized civil  defense  duties,  the  local
  director  shall  forthwith deliver to the chairman one of such duplicate
  records of enrollment.
The information contained in such record of  enrollment  delivered  to
  the  chairman  shall be prima facie evidence of information on which the
  chairman may rely in paying claims of civil defense volunteers or  their
  dependents  under  this  article; and if such record is not delivered to
  the chairman as required by this section,  the  burden  of  proving  his
  right  to  compensation  under this article in the case of civil defense
  volunteers of the local office shall rest on the claimant.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 317 - Determination of Contested Claims for Compensation.

§  317.  Determination  of  contested claims for compensation. A civil
  defense volunteer may file with the board a notice that  his  claim  for
  compensation  under  this article has not been paid, and the board shall
  have full power and authority to determine all  issues  in  relation  to
  every  such  claim  and  shall  file  its  decision in the office of the
  chairman. The decision of the board shall be final as to  all  questions
  of  fact  and,  except  as  provided  in section twenty-three, as to all
  questions of law.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 318 - Rules of Evidence; Modification of Board Decisions or Orders; Appeals.

§  318.  Rules of evidence; modification of board decisions or orders;
  appeals. The provisions  of  section  two  hundred  twenty-two  of  this
  chapter  are  made  applicable  to  claims  for  compensation under this
  article.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 319 - Special Fund for Civil Defense Volunteers.

§  319.  Special  fund  for  civil defense volunteers. There is hereby
  created a fund which shall be  known  as  the  special  fund  for  civil
  defense  volunteers  to provide for payment of cash benefits and medical
  care  and  funeral  expenses  under  this  article   and   expenses   of
  administration  under section three hundred twenty-five of this article.
  Such fund shall consist of any moneys appropriated therefor or  credited
  thereto.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 320 - Commissioner of Taxation and Finance Custodian of Fund.

§  320.  Commissioner  of taxation and finance custodian of fund.  The
  commissioner of taxation and finance  shall  be  the  custodian  of  the
  special fund for workmen's compensation for civil defense volunteers and
  all  disbursements  for compensation therefrom shall be paid by him upon
  drafts signed by the chairman or those authorized by  the  chairman  for
  that  purpose.  The  commissioner  of  taxation and finance shall give a
  separate and additional bond in an  amount  to  be  fixed  by  and  with
  sureties  approved by the state comptroller conditioned for the faithful
  performance of his duty as custodian of the fund.   The commissioner  of
  taxation  and finance may deposit any portion of the fund not needed for
  immediate use, in the manner and subject to all the  provisions  of  law
  respecting  the  deposit of state funds by him.  Interest earned by such
  portion of the fund  deposited  by  the  commissioner  of  taxation  and
  finance shall be collected by him and placed to the credit of the fund.
2023 New York Laws › WKC - Workers' Compensation › Article 10 - Workmen's Compensation Act for Civil Defense Volunteers › 321 - Reinsurance.

§  321.  Reinsurance.  Funds  credited  to  the  special  fund for the
  purposes of this article may be used to effect insurance or  reinsurance
  with  the  war  damage  corporation  or  with  any  other  authority  or
  instrumentality, public or  private,  or  otherwise  to  distribute  the
  liability for compensation payable to civil defense volunteers.