2023 New York Laws › WKC - Workers' Compensation › Article 2 - Compensation › 21-A - Temporary Payment of Compensation.

§  21-a.  Temporary  payment  of  compensation. 1. Notwithstanding any
other provision of this chapter to the  contrary,  in  any  instance  in
which  an  employer is unsure of the extent of its liability for a claim
for compensation by an injured employee pursuant to this  chapter,  such
employer  may initiate compensation payments and payments for prescribed
medicine and continue such payments for one year, without prejudice  and
without  admitting  liability,  in accordance with a notice of temporary
payment of compensation, on a form prescribed by the board.
2. The notice of  temporary  payment  of  compensation  authorized  by
subdivision  one  of  this  section  shall  be  delivered to the injured
employee and the board. Such notice shall notify  the  injured  employee
that the temporary payment of compensation and prescribed medicine shall
not  be  deemed  to be an admission of liability by the employer for the
injury or injuries to the employee. The board, upon receipt of a  notice
of temporary payment of compensation, shall send a notice to the injured
employee stating that:
(a)   the  board  has  received  a  notice  of  temporary  payment  of
compensation relating to such injured employee;
(b) the payment of temporary compensation and prescribed medicine  and
the  injured  employee's  acceptance  of such temporary compensation and
prescribed medicine shall not  be  an  admission  of  liability  by  the
employer, nor prejudice the claim of the injured employee;
(c)  the  payment  of  temporary  compensation and prescribed medicine
shall terminate on the elapse of: one year, or the employer's contesting
of  the  injured  employee's  claim  for  compensation  and   prescribed
medicine,  or  the  board determination of the injured employee's claim,
whichever is first; and
(d) the injured employee may be required to enter  into  an  agreement
with  the  employer  to ensure the continuation of payments of temporary
compensation and prescribed medicine.
3. An employer may cease making temporary payments of compensation and
prescribed medicine if such employer delivers within five days after the
last payment, to the  injured  employee  and  the  board,  a  notice  of
termination  of  temporary payments of compensation on a form prescribed
by the board. Such notice shall inform the  injured  employee  that  the
employer  is  ceasing  temporary  payment of compensation and prescribed
medicine. Upon the cessation of temporary payments of  compensation  and
prescribed  medicine, all parties to any action pursuant to this chapter
shall retain all rights, defenses and obligations they  would  otherwise
have  pursuant  to this chapter without regard for the temporary payment
of compensation and prescribed medicine.
4. The failure of an employer to provide the  notice  of  termination,
pursuant  to  subdivision  three of this section, within one year of the
commencement of temporary payment of compensation shall be deemed to  be
an  admission  of  liability by the employer and the notice of temporary
payment of compensation shall be converted to a notice  of  compensation
payable.