2023 New York Laws › WKC - Workers' Compensation › Article 6-A - Workers' Compensation Security Fund › 109-C - Payments From Fund.

§  109-c.  Payments  from fund. 1. The final award for compensation or
  death benefits, or installments thereof, or of payment of benefits  into
  the special funds created under the provisions of subdivisions eight and
  nine  of  section  fifteen  and  section  twenty-five-a  of this chapter
  heretofore or hereafter granted pursuant to this chapter, or the payment
  of a claim made  against  an  insured  under  the  employer's  liability
  insurance   portion   of   the  insured's  standard  New  York  workers'
  compensation  and  employer's  liability  insurance  policy,  which  has
  remained  or  shall  remain due and unpaid for thirty days, by reason of
  default by an insolvent carrier, shall be paid  from  the  fund  in  the
  manner  provided  in  this section. Benefits or compensation pursuant to
  the longshore and harbor workers' compensation act shall be payable only
  with respect to coverage of risks located or  resident  in  this  state;
  provided  further  that the insolvency, bankruptcy or dissolution of the
  insured shall effect a termination of security  fund  benefits  provided
  hereunder.  The  chairman  or  any  person in interest may file with the
  superintendent of financial  services  an  application  for  payment  of
  compensation  or  death  benefits,  special  fund  benefits or liability
  claims from the fund on a form to be prescribed  and  furnished  by  the
  superintendent.  If  there  has  been  an  award,  final or otherwise, a
  certified  copy   thereof   shall   accompany   the   application.   The
  superintendent  of  financial  services  shall  thereupon certify to the
  commissioner of taxation and finance such award for payment according to
  the terms of the same.
2. Payments from the  fund  shall  be  made  by  the  commissioner  of
  taxation  and  finance  on the said certificate of the superintendent of
  financial services, and no payment shall be made by the commissioner  of
  taxation and finance in excess of the amount certified.
3.  Payment  of  the  award  from the fund shall not give the fund any
  right of recovery against the employer.
4. An employer may pay any such award or part thereof  in  advance  of
  payment from the fund and shall thereupon be subrogated to the rights of
  the  employee or other party in interest against such fund to the extent
  of the amount so paid.
5. The commissioner of taxation and finance as custodian of  the  fund
  shall  be entitled to recover the sum of all liabilities, including loss
  adjustment expenses relating to  such  liabilities,  of  such  insolvent
  carrier   assumed   by  such  fund  from  such  carrier,  its  receiver,
  liquidator, rehabilitator or trustee in bankruptcy and may prosecute  an
  action  or  other proceedings therefor. All moneys recovered in any such
  action or proceedings shall forthwith be placed to  the  credit  of  the
  fund  by  the commissioner of taxation and finance to reimburse the fund
  to the extent of the moneys so recovered and paid.
6. The provisions of section twenty-six  of  this  chapter  shall  not
  apply  in  the  case  of  a  failure to pay any compensation when due by
  reason of the default, after the effective date of this article,  of  an
  insolvent  carrier  as  defined  in  this article, and the provisions of
  section thirty-four of this chapter  shall  not  apply  to  compensation
  insured by any carrier as defined in this article if the compensation is
  paid by the fund.