reglab/statecodes huggingface dataset:
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-E - Revocation of Licenses of Compensation Medical Bureaus and Laboratories.

§  13-e.  Revocation  of  licenses of compensation medical bureaus and
  laboratories. The chairman may revoke the license  of  any  compensation
  medical  bureau  or  laboratory  upon  a finding certified to him by the
  medical society of the county in which  such  bureau  or  laboratory  is
  located,  or by a board designated by such medical society or otherwise,
  as provided under section thirteen-b, or by the  medical  appeals  unit,
  that  such bureau or laboratory has been guilty of professional or other
  misconduct, or of violation of the provisions of this chapter,  or  that
  the  personnel  of  such  bureau  is  not  properly qualified under this
  chapter,  or  that  the  equipment  of  such  bureau  or  laboratory  is
  inadequate for the proper rendering of medical care.
The  medical appeals unit may review the determination of such medical
  society or board, and on application of the compensation medical  bureau
  or  laboratory accused must do so, and may reopen the matter and receive
  further evidence. The decision and recommendation of the medical appeals
  unit shall be advisory to the chairman, and  shall  not  be  binding  or
  conclusive upon him.
The  medical  appeals  unit  shall  prescribe  the  rules of procedure
  governing the investigation, hearing and determination of all charges of
  professional or other misconduct under this section.
Nothing in this section shall be construed as limiting in any  respect
  the   power  or  duty  of  the  chairman  to  investigate  instances  of
  misconduct,  or  violations  of  the  provisions  of  this  chapter,  or
  violations  of rules promulgated by the chairman under the provisions of
  this chapter, or failure to submit full  and  truthful  medical  reports
  directly   to  the  chairman  within  the  time  limits  provided  under
  subdivision four of section thirteen-a of this chapter, either before or
  after investigation or hearing by a medical society or board, or  review
  by  the  medical  appeals  unit  as  herein provided, and to temporarily
  suspend the license of any laboratory or  medical  bureau,  or  after  a
  hearing to revoke the same.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-F - Payment of Medical Fees.

§  13-f.  Payment of medical fees. (1) Fees for medical services shall
be payable only to a physician or other qualified  person  permitted  by
sections  thirteen-b,  thirteen-k,  thirteen-l  and  thirteen-m  of this
chapter or other authorized provider of health care under the  education
law  or  the  public  health  law  permitted  to  render medical care or
treatment under this chapter, or to the agent, executor or administrator
of the estate of such physician or such other qualified person.   Except
as provided in section thirteen-d of this chapter, no provider of health
care  rendering  medical  care  or treatment to a compensation claimant,
shall collect or receive a fee from such claimant within this state, but
shall have recourse  for  payment  of  services  rendered  only  to  the
employer under the provisions of this chapter. Any compensation claimant
who  pays  a  fee  to  a  provider  of  health  care for medical care or
treatment under this chapter shall have a cause of action  against  such
provider  of health care for the recovery of the money paid, which cause
of action may be assigned to  the  chair  in  trust  for  the  assigning
claimant. All such assignments shall run to the chair. The chair may sue
the  physician,  or  other  authorized provider of health care as herein
described on the assigned cause of action with the benefits and  subject
to  the  provisions  of  existing  law  applying  to such actions by the
claimant himself or herself. Hospitals shall not be entitled to  receive
the  remuneration  paid  to  physicians  on  their staff for medical and
surgical services.
(2) Whenever his attendance at a hearing is required, the physician of
the injured employee shall  be  entitled  to  receive  a  fee  from  the
employer,  or carrier, in an amount to be fixed by the board in addition
to any fee payable  under  section  eight  thousand  one  of  the  civil
practice law and rules.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-H - Ombudsman for Injured Workers.

§  13-h. Ombudsman for injured workers. 1. The office of ombudsman for
  injured workers is created within the workers' compensation  board.  The
  ombudsman shall report directly to the chair. The ombudsman shall act as
  an  advocate  for  injured  workers  by  accepting complaints concerning
  matters  related  to  workers'  compensation,  investigating  them   and
  attempting to resolve them. The ombudsman shall also provide information
  to  injured  workers  to  enable  them  to  protect  their rights in the
  workers' compensation system.
2. The office of ombudsman for small business is  created  within  the
  workers'  compensation board. The ombudsman shall report directly to the
  chair. The ombudsman shall provide information and assistance  to  small
  businesses  with  regard  to  workers'  compensation insurance and claim
  processing matters.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-I - Solicitation Prohibited.

§  13-i.  Solicitation  prohibited.  Any  person  who  shall make it a
  business to solicit employment for any person authorized by this chapter
  to render medical care to an injured employee  in  connection  with  any
  claim  under this chapter, shall be guilty of a misdemeanor, except that
  the employer shall have the right subject to regulations  prescribed  by
  the chairman, to recommend to the injured employee the names of enrolled
  physicians who he believes to be competent to treat him.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-J - Medical or Surgical Treatment by Insurance Carriers and Employers.

§  13-j.  Medical  or  surgical  treatment  by  insurance carriers and
  employers. (1)  An  insurance  carrier  shall  not  participate  in  the
  treatment  of  injured  workers, except as provided in paragraph five of
  subdivision (i) of section thirteen  of  this  article  and  subdivision
  seven  of  section  thirteen-a  of  this article and except, that it may
  employ medical inspectors to examine  compensation  cases  periodically,
  while under treatment, and report upon the adequacy of medical care, and
  other  matters  relative  to  the medical conduct of the case, a copy of
  which report shall be filed directly with the chair within ten days, and
  that it  may  maintain  rehabilitation  bureaus  operated  by  qualified
  physicians  if  authorized  by  the  chair  in  accordance  with section
  thirteen-c of this article. (2) An employer may maintain a  compensation
  medical  bureau  at the place or places of employment, if such bureau is
  required because of  the  nature  of  the  industrial  hazards,  or  the
  frequency  of injuries to employees arising out of industry. Such bureau
  or  bureaus  shall  be  authorized  and  licensed  pursuant  to  section
  thirteen-c,  and  their  use by an injured employee shall be optional in
  accordance with the provisions of section thirteen-a.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-N - Mandatory Registration of Entities Which Derive Income From Independent Medical Examinations.

§  13-n.  Mandatory  registration of entities which derive income from
  independent medical examinations. 1. Any  entity  which  derives  income
  from  independent  medical  examinations  performed  in  accordance with
  subdivision four of section thirteen-a,  subdivision  three  of  section
  thirteen-k, subdivision three of section thirteen-1 and subdivision four
  of   section  thirteen-m  of  this  article,  whether  by  employing  or
  contracting with  independent  examiners  to  conduct  such  independent
  medical  examinations  or  by  acting as a referral service or otherwise
  facilitating such examinations, shall register with the chair by  filing
  a  statement  of  registration containing such information prescribed by
  the chair in regulation.  A  fee  may  be  imposed  in  accordance  with
  regulations  promulgated  by the chair. Any such fees collected shall be
  used for the purpose of administering this section.
2. The chair shall assign a registration number  to  the  entity  upon
  registration. If an entity operates under more than one name, or in more
  than one location, the chair may assign a series of registration numbers
  which  would  differentiate each such sub-entity. In order to qualify as
  admissible medical evidence, for  purposes  of  adjudicating  any  claim
  under  this chapter, any report submitted to the board by an independent
  medical examiner who is employed by, or has contracted with,  an  entity
  as  described  in  subdivision  one  of  this section for the purpose of
  performing  independent   medical   examinations,   must   include   the
  registration number of such entity.
3.  The  chair,  upon  finding that an entity that derives income from
  independent medical examinations has materially altered  an  independent
  medical  examination  report,  or  caused such a report to be materially
  altered, may revoke the registration of such entity,  impose  a  penalty
  not  exceeding ten thousand dollars and refer the matter to the attorney
  general for prosecution.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-O - Pharmaceutical Fee Schedule.

§   13-o.  Pharmaceutical  fee  schedule.  The  chair  shall  adopt  a
  pharmaceutical fee schedule which shall establish maximum allowable fees
  for prescription  medicines  provided  pursuant  to  this  chapter.  The
  schedule  shall  include  a  single  dispensing  fee. Nothing in the fee
  schedule shall  preclude  mail  order  supply  of  scheduled  medicines,
  provided that the fees for such mail ordered medicines do not exceed the
  costs provided by such fee schedule. Any pharmacy providing prescription
  medicines  shall  provide  the  generic  drug  equivalent,  if a generic
  equivalent is available, unless the prescribing  physician  specifically
  provides  otherwise by prescription. The fee schedule may be modified on
  each succeeding April first, provided, however, that usual and customary
  fees may be charged for drugs that are not included  in  a  then-current
  fee schedule, but are approved for use by the chair.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 13-P - Comprehensive Prescription Drug Formulary.

§  13-p.  Comprehensive  prescription  drug formulary. The chair shall
  establish a comprehensive  prescription  drug  formulary  on  or  before
  December  thirty-first,  two  thousand  seventeen. The prescription drug
  formulary shall include a tiered list  of  high-quality,  cost-effective
  medications  that  are  pre-approved  to be prescribed and dispensed, as
  well as additional non-preferred drugs that can be prescribed with prior
  approval. Such prescription drug formulary, shall  include  but  not  be
  limited   to   implementation  of  a  pharmacy  reimbursement  strategy,
  administration of a  prescription  drug  rebate  program  for  formulary
  drugs,  a pre-approval program, drug utilization review, and limitations
  on the prescribing of  compounded  medications  and  compounded  topical
  preparations.  The  board  shall  promulgate  regulations  to  permit an
  interested party to submit a request to  the  medical  director  of  the
  board to alter or amend the formulary to consider changing the status of
  a  drug  from  non-preferred  to  preferred.  Regulations  may include a
  provision for reasonable costs and fees associated with the review.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 15-A - Assessment on Insolvent Group Self-Insured Trusts.

§  15-a.  Assessment  on  insolvent  group  self-insured  trusts.  The
  legislature finds that in lieu of the assessments under sections fifteen
  and one hundred fifty-one of  this  chapter  that  shall  no  longer  be
  imposed  on  closed group self-insured trusts as a result of the chapter
  of the laws of two thousand eleven which added this section, the members
  of group self-insured trusts that were insolvent upon closing, and  that
  fail  to  pay  their  obligations  within  the periods specified by this
  section, shall be subject to a one  time  assessment  pursuant  to  this
  section.  Within thirty days of January first, two thousand sixteen, all
  employers who were members of a closed group self-insured trust that was
  insolvent at the time the group  was  closed  shall  be  subject  to  an
  assessment under this section, except for those employers that: (1) have
  entered into a settlement agreement or payment plan with the board under
  which they have agreed to resolve all liabilities from the membership in
  such  trust,  and remain current in their payments; (2) are members of a
  group  self-insurer  that  has  transferred  all  of   its   liabilities
  transferred  via  a loss portfolio transfer; or (3) have paid all moneys
  billed them by the board  at  the  time  such  assessment  is  due.  For
  purposes  of  this  section,  insolvent means the inability of a private
  group self-insured trust to pay its outstanding lawful obligations under
  this chapter as they mature in the regular course of business, as may be
  shown  by:  (i)  the  self-insurer  being  underfunded  as  defined   in
  subdivision  three-a  of section fifty of this chapter; and (ii) the sum
  of the group self-insured trust's assets, as defined  by  regulation  of
  the  chair,  plus  the  available  security  deposit  held  by the chair
  pursuant to subdivision three-a of section fifty  of  this  chapter  and
  regulation  of  the  chair, being less than the total cost of all of the
  group   self-insured   trust's   anticipated    workers'    compensation
  liabilities,  as  defined  by board regulations, that will accrue within
  the succeeding six  months.  The  total  of  such  assessment  shall  be
  determined  by  the percentage of the assessment levied on all employers
  under subdivision eight of  section  fifteen  of  this  article  in  two
  thousand  ten that was levied on group self-insured trusts multiplied by
  the total amount of the employer's unpaid pro rata share of any  deficit
  owed  by  the  closed group self-insured employer of which such employer
  was a member, as determined by the chair. The amount  received  on  such
  assessment shall be used as an offset against the assessments imposed on
  other  employers  under  subdivision  eight  of  section fifteen of this
  article and section  one  hundred  fifty-one  of  this  chapter  in  the
  calendar year following the year in which it was received.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 16-A - Death Benefits Due to Diesel Exposure.

§  16-a.  Death benefits due to diesel exposure. Where death is due in
  whole or part to any cancer  resulting  from  a  hazardous  exposure  to
  diesel  exhaust,  a  claim for death benefits shall not be disallowed as
  barred by section eighteen or section twenty-eight of  this  article  if
  such  claim  is  filed  within  one  year  of the effective date of this
  section. Such claims may be filed after such period in  accordance  with
  section eighteen and section twenty-eight of this article.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 17 - Noncitizens.

§  17. Noncitizens. Compensation under this chapter to noncitizens not
  residents or about to  become  nonresidents  of  the  United  States  or
  Canada,  shall  be  the same in amount as provided for residents, except
  that dependents in any foreign country shall  be  limited  to  surviving
  spouse  and  child  or  children, or, if there is no surviving spouse or
  child or children, to surviving father or mother whom the  employee  has
  supported, either wholly or in part, for the period of one year prior to
  the date of the accident.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 17-A - Limited English Proficiency.

§  17-a.  Limited English proficiency.   1. In accordance with section
two hundred  two-a  of  the  executive  law,  the  board  shall  provide
translation  of  (a) all documents and forms published by the board that
injured employees complete; (b) all board documents that provide general
information to injured employees on the process of applying for workers'
compensation benefits; and (c) all other vital documents as  defined  by
subdivision  five  of  section  two  hundred  two-a of the executive law
relevant to services offered by the agency.
2.  The  board  shall  provide  interpretation  services  to   injured
employees  with respect to its provision of services, information and/or
benefits.
3. The board shall:
(a) develop a language access plan pursuant to  subdivision  three  of
section  two  hundred two-a of the executive law and submit such plan to
the office of general services;
(b) publish the board's language access plan on the  board's  website;
and
(c)  designate  a  language  access coordinator who will work with the
office of general services to ensure compliance with the requirements of
this section and section two hundred two-a of the executive law.
4. The language access coordinator for the  board  shall  monitor  the
board's  compliance with this section by annually collecting data on the
provision  of  language  assistance  services,   the   availability   of
translated  materials, whether signage is properly posted, and any other
relevant measures.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 18 - Notice of Injury or Death.

§  18.  Notice  of  injury  or death. Notice of an injury or death for
  which compensation is payable under this chapter shall be given  to  the
  employer  within thirty days after the accident causing such injury, and
  also in case of the death of the employee resulting  from  such  injury,
  within  thirty  days  after  such death. Such notice may be given by any
  person claiming to be entitled to compensation, or by some  one  in  his
  behalf. The notice shall be in writing, and contain the name and address
  of  the employee, and state in ordinary language the time, place, nature
  and cause of the injury, and be signed by him or  by  a  person  on  his
  behalf or, in case of death, by any one or more of his dependents, or by
  a  person,  on  their  behalf.  It  shall  be  given  to the employer by
  delivering it to him or  sending  it  by  mail,  by  registered  letter,
  addressed  to  the  employer at his or its last known place of business;
  provided that, if the employer be a partnership then such notice may  be
  so  given  to  any  one  of  the  partners,  and  if  the  employer be a
  corporation, then such notice may be  given  to  any  agent  or  officer
  thereof upon whom legal process may be served, or any agent in charge of
  his business in the place where the injury occurred. The failure to give
  notice  of  injury or notice of death unless excused by the board either
  on the ground that notice for some sufficient reason could not have been
  given, or on the ground that the employer,  or  his  or  its  agents  in
  charge  of  the  business  in  the  place where the accident occurred or
  having immediate supervision  of  the  employee  to  whom  the  accident
  happened,  had knowledge of the accident or death, or on the ground that
  the employer has not been prejudiced thereby, shall  be  a  bar  to  any
  claim  under  this  chapter,  but the employer and the insurance carrier
  shall be deemed to have waived such notice unless the objection  to  the
  failure  to  give  such  notice  or the insufficiency thereof, is raised
  before the board on the first hearing of the claim field by such injured
  employee, or his or her dependents at which all parties in interest  are
  present,  or  represented,  and  at  which  the  claimant,  or principal
  beneficiary, testifies.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 18-A - Notice: The New York Jockey Injury Compensation Fund, Inc.

§  18-a.  Notice:  The  New York Jockey Injury Compensation Fund, Inc.
  Wherever in this chapter it shall be required that notice be given to an
  employer, except for claims involving section fourteen-a of the workers'
  compensation law such notice requirement shall be  deemed  satisfied  by
  giving  notice to the New York Jockey Injury Compensation Fund, Inc., in
  connection with an injury to a jockey,  apprentice  jockey  or  exercise
  person  licensed  under  article  two or four of the racing, pari-mutuel
  wagering and breeding law, and at the election of the  New  York  Jockey
  Injury  Compensation Fund, Inc., with the approval of the New York state
  gaming commission, an employee of a  licensed  trainer  or  owner,  who,
  pursuant  to  section  two of this chapter, is an employee of all owners
  and trainers licensed or required to be licensed under  article  two  or
  four  of  the  racing,  pari-mutuel wagering and breeding law and of the
  fund.  In  a  claim  involving  section  fourteen-a  of   the   workers'
  compensation  law  such  required notice shall be given to the employing
  owner and/or trainer of the fund.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 18-B - Notice; the New York Black Car Operators' Injury Compensation Fund, Inc.

§  18-b. Notice; the New York black car operators' injury compensation
  fund, inc. Whenever notice is  required  to  be  given  to  an  employer
  pursuant  to  this  chapter,  such  requirement shall be satisfied, with
  respect to an accident or injury to a black car operator, as defined  in
  article  six-F  of  the  executive  law,  occurring on or after the fund
  liability date, as defined in such article, by giving such notice to the
  New York black car operators' injury  compensation  fund,  inc.,  except
  that  in  the  case  of a claim arising under section fourteen-a of this
  article, notice must be given to the fund and to  the  central  dispatch
  facility,  as  defined  in article six-F of the executive law, for which
  the black car operator was  performing  services  at  the  time  of  the
  accident.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 19 - Physical Examination.

§  19.  Physical examination. An injured employee claiming or entitled
  to compensation  shall  submit  to  such  physical  examination  as  the
  chairman  or  the  board  may  require.   The place, or places, shall be
  reasonably convenient for him. No physician selected  by  the  employer,
  carrier  or employee shall be present at or participate in any manner in
  such examination, but such employer or carrier shall, upon  request,  be
  entitled  to  have the employee examined immediately thereafter and upon
  the same premises by a qualified physician or physicians in the presence
  of such physician as the employee may select, if any. Proceedings  shall
  be  suspended and no compensation shall be payable for any period during
  which the employee may refuse to submit to examination.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 19-A - Physicians Not to Accept Fees From Carriers.

§  19-a.  Physicians not to accept fees from carriers. No physician or
  surgeon in the employ of  the  board  for  the  purpose  of  making  the
  examinations required by section nineteen of this chapter, shall, during
  such employment, be employed by or accept or participate in any fee from
  any   insurance  company  authorized  to  write  workmen's  compensation
  insurance in this state or from any self-insurer, if such employment  or
  fee  relates  to  a  workmen's compensation claim or otherwise except as
  herein provided. Any physician or surgeon so employed by the  board  who
  violates   the   provisions  of  this  section  shall  be  guilty  of  a
  misdemeanor.
The foregoing provisions of this section limiting and restricting  the
  employment  of  physicians  or  surgeons  in the employ of the board and
  their acceptance or participation in fees shall  not  be  applicable  to
  medical treatment rendered to their patients who are or may be claimants
  under  article  nine  of  this chapter, provided, however, that any such
  physician or surgeon shall be disqualified from testifying as a  witness
  in  any  proceeding  before the board or its referees in connection with
  such claims.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 19-B - Treatment by Physicians in Employ of Board.

§  19-b.  Treatment  by  physicians  in  employ  of  board. No doctor,
  physician or surgeon in the employ of the board shall solicit  or  treat
  any  claimant  under  this chapter, or own or operate any clinic, giving
  baking  and  massage,  physio-therapy,  or  other  treatment   to   such
  claimants.  Such  doctors,  physicians  and surgeons shall not recommend
  that a claimant be treated by any particular physician  or  surgeon,  or
  receive  baking  and massage, physio-therapy or other treatment from any
  particular person, clinic or hospital. Any such physician or surgeon may
  recommend the necessary treatment needed and the board shall direct  the
  employer  or  carrier to provide such treatment, but the board shall not
  designate a particular physician, surgeon, clinic or hospital to provide
  the treatment. The employer or  carrier  shall  furnish  the  prescribed
  treatment  and  upon  their  failure so to do within five days after the
  direction is made, the claimant may secure the same at  the  expense  of
  the  employer  or  carrier.  Any physician or surgeon so employed by the
  board who violates the provisions of this section shall be guilty  of  a
  misdemeanor.
The  foregoing  provisions  of  this section prohibiting physicians or
  surgeons in the employ of the board from recommending that a claimant be
  treated by any particular physician or surgeon shall not  be  applicable
  to  recommendations for specialist care of their patients who are or may
  be claimants under article nine of this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 19-C - Actions Against Health Services Personnel; Defense and Indemnification.

§  19-c.  Actions  against  health  services  personnel;  defense  and
  indemnification. The provisions  of  section  seventeen  of  the  public
  officers law shall apply to actions and proceedings, against physicians,
  nurses  and  other  employees  of the board whose duties involve medical
  examinations under this chapter and the volunteer firefighters'  benefit
  law or other health services, arising out of emergency medical treatment
  given to board employees while at work or to claimants, their attorneys,
  licensed  representatives,  witnesses,  employers, their representatives
  and representatives of carriers, while visiting the offices of the board
  or the hearing points at which proceedings are conducted  or  any  other
  person properly on board premises.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 21 - Presumptions.

§  21.  Presumptions. In any proceeding for the enforcement of a claim
  for compensation under this chapter, it shall be presumed in the absence
  of substantial evidence to the contrary
1. That the claim comes within the provision of this chapter;
2. That sufficient notice thereof was given;
3. That the injury was not occasioned by the willful intention of  the
  injured  employee  to  bring  about the injury or death of himself or of
  another;
4. That the injury did not result solely from the intoxication of  the
  injured employee while on duty.
5.  That  the  contents  of medical and surgical reports introduced in
  evidence by claimants for  compensation  shall  constitute  prima  facie
  evidence of fact as to the matter contained therein.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 22 - Modification of Awards, Decisions or Orders.

§ 22. Modification of awards, decisions or orders. Upon its own motion
  or  upon  the  application  of any party in interest, on the ground of a
  change in conditions or proof of erroneous wage rate, the board  may  at
  any time, subject to the limitations set forth in sections twenty-five-a
  and  one  hundred  and  twenty-three  of this chapter, review any award,
  decision or order and,  on  such  review,  may  make  an  award  ending,
  diminishing  or  increasing the compensation previously awarded, subject
  to  the  maximum  or  minimum  provided  in  this  chapter,  and   shall
  immediately  send  to  the  parties  a copy of its decision, which shall
  include a statement of the facts which formed the basis of  its  action.
  No  such  review  shall  affect such award as regards any moneys already
  paid, except that an award increasing the compensation rate may be  made
  effective  from  date  of  injury,  and  except  that if any part of the
  compensation due or to become due is unpaid,  an  award  decreasing  the
  compensation rate may be made effective from the date of injury, and any
  payments  made  prior  thereto in excess of such decreased rate shall be
  deducted from any unpaid  compensation,  in  such  manner  and  by  such
  methods as may be determined by the board.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 23-A - Mistakes, Defects and Irregularities.

§  23-a.  Mistakes,  defects  and  irregularities.  1. Notwithstanding
  anything contained in 12 NYCRR 300.13  (b)  as  or  further  defined  in
  Subject Number 046-878 and Subject Number 046-940 issued by the board, a
  mistake,  omission,  defect  and/or  other irregularity in a cover sheet
  (currently  known  as  form  RB-89)  accompanying  an  application   for
  administrative  review  or  a  cover  sheet (currently known as RB-89.2)
  accompanying an application for full board review shall not  be  grounds
  for  denial  of said application for administrative review or full board
  review.
2. Notwithstanding anything contained in 12 NYCRR 300.13 (b) or (c) as
  or further defined in Subject Number 046-878 and Subject Number  046-940
  issued   by   the  board,  a  mistake,  omission,  defect  and/or  other
  irregularity  in  a  cover  sheet  (currently  known  as  form  RB-89.1)
  accompanying a rebuttal to an application for administrative review or a
  cover  sheet  (currently known as RB-89.3) accompanying a rebuttal to an
  application for full board review shall not be  grounds  for  denial  of
  said  rebuttal  to  an  application  for  administrative  review  or  an
  application for full board review.
3. The board shall permit any such mistake,  omission,  defect  and/or
  other  irregularity to be corrected within twenty days of written notice
  by the board of such mistake, omission, defect and/or other irregularity
  or if a substantial right of either the party filing the application  or
  the party filing the rebuttal is not prejudiced, such mistake, omission,
  defect and/or other irregularity shall be disregarded.
4.  This  section  shall  apply to any and all forms prescribed by the
  board with respect to said applications for board review or  full  board
  review  or  rebuttals  to  said applications subsequent to the effective
  date of this section.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 27-B - Amortization of Gains or Losses.

§  27-b.  Amortization of gains or losses. Gains or losses realized by
  the aggregate trust fund as a result of transactions  made  pursuant  to
  subdivision  two of section twenty-seven-a, or section twenty-seven-c of
  this chapter, shall be transferred to a  special  asset  account  to  be
  known  as  the  deferred  charge on account of security transactions and
  shall be amortized within such account  on  a  basis  which  matches  as
  nearly  as possible all gains or losses so realized against any increase
  or decrease in income resulting from the reinvestment of the proceeds of
  such transactions, provided that the period of amortization of the  gain
  or  loss  resulting from the disposition of each investment shall not be
  longer than the unexpired period from the date of  such  disposition  to
  the maturity of the investment so disposed of, or on such other basis as
  the   superintendent   of   financial  services  may  authorize  in  his
  discretion.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 28 - Limitation of Right to Compensation.

§  28.  Limitation  of  right  to  compensation.  The  right  to claim
  compensation under this chapter shall be barred, except  as  hereinafter
  provided,  unless  within  two  years  after  the  accident, or if death
  results therefrom within  two  years  after  such  death,  a  claim  for
  compensation  shall  be  filed  with  the chairman, but the employer and
  insurance carrier shall be deemed to have waived the bar of the  statute
  unless  the  objection to the failure to file the claim within two years
  is raised on the first hearing on such claim at  which  all  parties  in
  interest  are  present.  The  right of an employee to claim compensation
  under this chapter for disablement caused by  any  occupational  disease
  including  but  not  limited  to compressed air illness or its sequelae,
  silicosis or other dust disease, latent or  delayed  pathological  bone,
  blood or lung changes or malignancies due to occupational exposure to or
  contact  with  arsenic,  benzol,  beryllium, zirconium, cadmium, chrome,
  lead or fluorine or to exposure to x-rays, radium,  ionizing  radiation,
  radio-active  substances,  or  any  other chemical compound shall not be
  barred by the failure of the employee to file a claim within such period
  of two years, provided such claim shall be filed after  such  period  of
  two  years and within two years after disablement and after the claimant
  knew or should have known that the disease is or was due to  the  nature
  of  the  employment.  No  case in which an advance payment is made to an
  employee or to his dependents in case of death shall be  barred  by  the
  failure of the employee or his dependents to file a claim, and the board
  may  at  any time order a hearing on any such case in the same manner as
  though a claim for compensation had been filed.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 31 - Agreement for Contribution by Employee Void.

§  31. Agreement for contribution by employee void. No agreement by an
  employee to pay any portion of the premium paid by his employer  to  the
  state  insurance  fund  or to contribute to a benefit fund or department
  maintained by such employer or to the cost of mutual insurance or  other
  insurance,  maintained  for  or  carried  for  the  purpose of providing
  compensation as herein required, shall be valid, and  any  employer  who
  makes  a  deduction  for  such  purpose  from the wages or salary of any
  employee entitled to the benefits of this chapter shall be guilty  of  a
  misdemeanor.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 32-A - Waivers of Specific Coverage Prohibited.

§  32-a.  Waivers of specific coverage prohibited. All employers doing
  business in this state shall ensure that their employees working in  New
  York  state are insured for all protections required under this chapter.
  Waivers of coverage shall not be available to out of state employers.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 33 - Assignments; Exemptions.

§ 33. Assignments; exemptions. Compensation or benefits due under this
  chapter  shall  not be assigned, released or commuted except as provided
  by this chapter, 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  compensation or benefits other than payments pursuant to
  section thirteen of this chapter shall be subject to application  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. Compensation and benefits shall be paid only to
  employees or their dependents, except as  hereinafter  in  this  chapter
  provided.  In the case of the death of an injured employee to whom there
  was due at the time of his or  her  death  any  compensation  under  the
  provisions  of  this  chapter,  the amount of such compensation shall be
  payable to the surviving spouse, if there be one, or, if  none,  to  the
  surviving  child  or  children of the deceased under the age of eighteen
  years, and if there be no surviving spouse  or  children,  then  to  the
  dependents  of such deceased employee or to any of them as the board may
  direct, and if there be no surviving spouse, children or  dependents  of
  such  deceased employee, then to his estate. An award for disability may
  be made after the death of the injured employee.
2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 34 - Preferences.

§  34. Preferences. Compensation shall be a lien against the assets of
  the carrier of employer without limit of amount subordinate, however, to
  claims for unpaid wages and prior recorded liens. The provisions of this
  section shall not apply to the state  insurance  fund  with  respect  to
  those  liabilities  and  obligations  assumed  by  the state pursuant to
  section eighty-seven-d of this chapter or as the result of any  insuring
  agreement  between  the state insurance fund and the department of civil
  service pursuant to section eighty-eight-c  of  this  chapter.  In  such
  instances compensation shall be alien against the assets of the state as
  the employer.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 37 - Definitions.

§  37.  Definitions.  Whenever  used in this article: 1.  "Disability"
  means the state of being disabled from earning full wages at the work at
  which the employee was last employed.
2. "Disablement" means the act of becoming so disabled as  defined  in
  subdivision one.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 38 - Disablement Treated as Accident.

§  38. Disablement treated as accident. The disablement of an employee
  resulting from an occupational disease described in subdivision  two  of
  section  three  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 specifically otherwise provided herein.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 39 - Right to Compensation.

§  39.  Right  to compensation. If an employee is disabled or dies and
  his disability or death is caused by one of the  diseases  mentioned  in
  subdivision  two  of section three, and the disease is due to the nature
  of the corresponding employment as  described  in  such  subdivision  in
  which  such  employee  was engaged and was contracted therein, he or his
  dependents shall be entitled to compensation for  the  duration  of  his
  disablement  or  for  his  death  in  accordance  with the provisions of
  articles two and three of this chapter, provided, however,  that  if  it
  shall  be  determined that an employee so disabled is able to earn wages
  at another occupation which shall be neither unhealthful nor  injurious,
  and  such  wages  do  not  equal his full wages prior to the date of his
  disablement, the compensation payable shall be computed pursuant to  the
  provisions of article two of this chapter.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 44 - Liability of Employer.

§  44.  Liability  of  employer.  The  total compensation due shall be
  recoverable from the employer who last  employed  the  employee  in  the
  employment  to  the  nature of which the disease was due and in which it
  was contracted. If, however, such disease,  except  silicosis  or  other
  dust  disease and compressed air illness or its sequelae, was contracted
  while such employee was in the  employment  of  a  prior  employer,  the
  employer  who  is  made liable for the total compensation as provided by
  this section, may appeal to the  board  for  an  apportionment  of  such
  compensation  among  the  several employers who since the contraction of
  such disease shall have employed such employee in the employment to  the
  nature  of  which  the  disease  was  due.  Such  apportionment shall be
  proportioned to the time such employee was employed in  the  service  of
  such  employers, and shall be determined only after a hearing, notice of
  the time and place of which shall have  been  given  to  every  employer
  alleged  to be liable for any portion of such compensation. If the board
  finds that any portion of such compensation is payable  by  an  employer
  prior  to  the employer who is made liable for the total compensation as
  provided by this section, it shall make an award accordingly in favor of
  the last employer, and such award may be enforced in the same manner  as
  an award for compensation.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 44-A - Liability of Employer; Silicosis or Other Dust Diseases.

§  44-a.  Liability of employer; silicosis or other dust diseases. The
  employer in  whose  employment  an  employee  was  last  exposed  to  an
  injurious  dust hazard shall be liable for the payments required by this
  chapter when disability or  death  of  the  employee  shall  be  due  to
  silicosis or other dust disease.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 44-B - Liability of Employer; Compressed Air Illness.

§ 44-b. Liability of employer; compressed air illness. With respect to
  claims   filed   after  July  first,  nineteen  hundred  sixty-one,  for
  compensation on account of disability or death resulting from compressed
  air illness or its sequelae, the employer who is  made  liable  for  the
  total  compensation  as  provided by section forty-four of this article,
  shall not be entitled to an apportionment  of  such  compensation  among
  prior employers.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 45 - Notice to Employers.

§  45.  Notice  to  employers. The employer to whom notice of death or
  disability is to be given, or against whom claim is to be  made  by  the
  employee,  shall  be  the employer who last employed the employee in the
  employment to the nature of which the disease was due  and  such  notice
  and  claim  shall  be  deemed seasonable as against prior employers. The
  requirements as to notice as to occupational disease and death resulting
  therefrom shall be the same as required  in  section  eighteen  of  this
  chapter,  except  that  the notice shall be given to the employer within
  two years after the disablement or after the  claimant  knew  or  should
  have  known  that  the  disease  is due to the nature of the employment,
  whichever is the later date.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 46 - Information; Penalty.

§  46.  Information;  penalty.  The  employee or his dependents, if so
  requested, shall furnish the  last  employer  or  the  board  with  such
  information  as  to  the  names and addresses of all his other employers
  during the said twelve months, as he or they may possess;  and  if  such
  information  is  not furnished, or is not sufficient to enable such last
  employer to take proceedings against  a  prior  employer  under  section
  forty-four,  unless  it  be  established  that  the disease actually was
  contracted while the employee was in his employment, such last  employer
  shall  not be liable to pay compensation, or, if such information is not
  furnished or is not sufficient to enable  such  last  employer  to  take
  proceedings  against other employers under section forty-four, such last
  employer shall be liable only for such part of the total compensation as
  under the particular circumstances the board may deem just; but a  false
  statement in the information furnished as aforesaid shall not impair the
  workman's rights unless the last employer is prejudiced thereby.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 47 - Presumption as to the Cause of Disease.

§  47.  Presumption as to the cause of disease. If the employee, at or
  immediately before the date of disablement, was employed in any  process
  mentioned   in  the  second  column  of  the  schedule  of  diseases  in
  subdivision two of section three of this chapter, and his or her disease
  is the disease in the first column of such  schedule  set  opposite  the
  description of the process, the disease presumptively shall be deemed to
  have  been  due  to  the  nature of that employment. Any exposure to the
  hazards of compressed air after July first, nineteen  hundred  forty-six
  shall  be  presumed,  in  the  absence  of  substantial  evidence to the
  contrary, to be injurious exposure.  Any  exposure  to  the  hazards  of
  harmful  dust  in  this state for a period of sixty days after September
  first, nineteen hundred thirty-five, shall be presumed, in  the  absence
  of  substantial  evidence  to the contrary, to be an injurious exposure.
  With respect to any state or local  correction  officer  as  defined  in
  subdivision  twenty-five  of section 2.10 of the criminal procedure law,
  safety and security officer employed by the  office  of  mental  health,
  security  hospital  treatment assistant employed by the office of mental
  health, any uniformed court officer or court clerk of the unified  court
  system  having  the  powers  of peace officer, the court reporter or the
  court interpreter, an exposure to  the  blood  or  bodily  fluid  of  an
  individual,  incarcerated,  confined  or otherwise, during the course of
  his or her employment that is reported in  writing  to  such  correction
  officer's,  safety  and  security officer's, security hospital treatment
  assistant's, uniformed court officer's, court clerk's, court  reporter's
  or  court  interpreter's  employer  within  twenty-four  hours  of  such
  exposure, shall be presumed, in the absence of substantial  evidence  to
  the  contrary,  to  be  an  injurious  exposure  if,  subsequent to such
  exposure, such correction officer, safety and security officer, security
  hospital treatment assistant,  uniformed  court  officer,  court  clerk,
  court  reporter  or  court  interpreter  is diagnosed with a blood-borne
  disease, including, but not limited to hepatitis C.
2023 New York Laws › WKC - Workers' Compensation › Article 3 - Occupational Diseases › 48 - Diseases Which Are Accidents.

§  48.  Diseases  which  are  accidents. Nothing in this article shall
  affect the rights of an employee to recover compensation in respect to a
  disease to which this article does  not  apply  if  the  disease  is  an
  accidental  personal  injury  within the meaning of subdivision seven of
  section two of this chapter.