2023 New York Laws › WKC - Workers' Compensation › Article 9 - Disability Benefits › 206 - Non-Duplication of Benefits.

§ 206. Non-duplication of benefits. 1. No disability benefits shall be
payable  under  section  two  hundred  four or two hundred seven of this
article:
(a) in a weekly benefit amount which, together with  any  amount  that
the  employee  receives or is entitled to receive for the same period or
any part thereof as a permanent disability benefit or annuity under  any
governmental  system  or  program,  except  under a veteran's disability
program, or under any permanent  disability  policy  or  program  of  an
employer   for  whom  he  or  she  has  performed  services,  would,  if
apportioned to weekly periods, exceed his or her weekly  benefit  amount
under  this  section,  provided  however,  that there shall be no offset
against the benefits  set  forth  in  this  article  if  the  claim  for
disability  benefits  is  based on a disability other than the permanent
disability for which  the  aforesaid  permanent  disability  benefit  or
annuity was granted;
(b) with respect to any week for which payments are received under the
unemployment  insurance law or similar law of this state or of any other
state or of the United States;
(c) subject to the provisions of subdivision two of this section,  for
any  period  with  respect  to  which  benefits,  compensation  or other
allowances (other than workers' compensation benefits  for  a  permanent
partial  disability occurring prior to the disability for which benefits
are claimed hereunder) are paid  or  payable  under  this  chapter,  the
volunteer  firefighters' benefit law, or any other workers' compensation
act, occupational disease act or similar law, or  under  any  employers'
liability  act  or  similar law; under any other temporary disability or
cash sickness benefits act or similar law;  under  section  six  hundred
eighty-eight,  title  forty-six,  United  States code; under the federal
employers' liability act; or under the maritime doctrine of maintenance,
wages and cure.
2. If an employee  who  is  eligible  for  disability  benefits  under
section  two  hundred  three  or  two  hundred  seven of this article is
disabled and has claimed or subsequently  claims  workers'  compensation
benefits   under   this   chapter   or   benefits  under  the  volunteer
firefighters' benefit law or the volunteer  ambulance  workers'  benefit
law,  and  such  claim is controverted on the ground that the employee's
disability was not caused by an accident that arose out of  and  in  the
course  of his employment or by an occupational disease, or by an injury
in line of duty  as  a  volunteer  firefighter  or  volunteer  ambulance
worker,  the employee shall be entitled in the first instance to receive
benefits under this article for his or her disability. If benefits  have
been  paid under this article in respect to a disability alleged to have
arisen out of and in the course of the employment or  by  reason  of  an
occupational disease, or in line of duty as a volunteer firefighter or a
volunteer  ambulance worker, the employer or carrier or the chair making
such payment may, at any time  before  award  of  workers'  compensation
benefits,  or  volunteer  firefighters'  benefits or volunteer ambulance
workers'  benefits,  is  made,  file  with  the  board   a   claim   for
reimbursement  out of the proceeds of such award to the employee for the
period for which disability benefits were paid  to  the  employee  under
this article, and shall have a lien against the award for reimbursement,
notwithstanding  the  provisions of section thirty-three of this chapter
or section twenty-three of the volunteer firefighters'  benefit  law  or
section  twenty-three  of  the  volunteer ambulance workers' benefit law
provided the insurance carrier liable for payment of the award receives,
before such award is made, a copy of the claim  for  reimbursement  from
the employer, carrier or chair who paid disability benefits, or provided
the board's decision and award directs such reimbursement therefrom.
3. No family leave benefits shall be payable under section two hundred
four of this article:
(a)  During  periods  when  the employee is receiving total disability
payments pursuant  to  a  claim  for  workers'  compensation,  volunteer
firefighters'  benefits or volunteer ambulance workers' benefits, except
that when the employee is receiving payments for partial  disability  or
reduced  earnings  under  such  laws,  the  family  leave  benefit, when
combined with the benefits under such laws shall not exceed the  average
weekly  wage  in  the  employment  for  which  family leave benefits are
sought;
(b) To an employee who is not employed or is on  administrative  leave
from his or her employment;
(c)  To  an  employee  during periods where the employee is collecting
sick pay or paid time off from the employer; and
(d) for any day in which claimant works at least part of that day  for
remuneration  or  profit  for  the  covered  employer  or  for any other
employer while working for remuneration or profit, for him  or  herself,
or  another  person  or entity, during the same or substantially similar
working hours as those of the covered employer from which  family  leave
benefits are claimed, except that occasional scheduling adjustments with
respect  to  secondary  employments  shall not prevent receipt of family
leave benefits.
4. Unless otherwise expressly  permitted  by  the  employer,  benefits
available  under  29  U.S. Code Chapter 28 (The Family and Medical Leave
Act) must be  used  concurrently  with  family  leave  benefits.  For  a
subsequent unrelated disability, an employee may seek benefits up to the
maximum number of available weeks permitted in this article.
5. A covered employer is not required to permit more than one employee
to  use  the  same  period  of  family leave to care for the same family
member.