Title WKC, Workers' Compensation

§ 225. Fees for representing employees. Claims of attorneys and\ncounsellors-at-law for services in connection with any contested claim\narising under this article shall not be enforceable unless approved by\nthe board. If so approved, such fee or fees shall become a lien upon t…

§ 226. The insurance contract. 1. Every policy of insurance providing\nthe benefits required to be paid under this article shall contain a\nprovision setting forth the right of the chairman to enforce in the name\nof the people of the state of New York for the benefit of the per…

§ 227. Actionable injuries in claims for disability benefits;\nsubrogation. 1. If an employee entitled to disability benefits under\nthis article be disabled by injury caused by the negligence or wrong of\na third party, such employee need not elect whether to take such\ndisabil…

§ 228. Administrative expenses. 1. The estimated annual expenses\nnecessary for the workers' compensation board to administer the\nprovisions of the disability benefits law shall be borne by all affected\nemployers and included as part of the assessment rate generated pursuant\n…

§ 229. Posting of notice and providing of notice of rights. 1. Each\ncovered employer shall post and maintain in a conspicuous place or\nplaces in and about the employer's place or places of business\ntypewritten or printed notices in form prescribed by the chair, stating\nthat …

§ 23. Appeals. An award or decision of the board shall be final and\nconclusive upon all questions within its jurisdiction, as against the\nstate fund or between the parties, unless reversed or modified on appeal\ntherefrom as hereinafter provided. Any party may within thirty da…

§ 23-a. Mistakes, defects and irregularities. 1. Notwithstanding\nanything contained in 12 NYCRR 300.13 (b) as or further defined in\nSubject Number 046-878 and Subject Number 046-940 issued by the board, a\nmistake, omission, defect and/or other irregularity in a cover sheet\n(…

§ 230. Destruction of records. All records and documents relative to\nthis article required to be filed with the chairman or board may be\ndestroyed, in accordance with the state finance law.\n

§ 231. Subpoenas. A subpoena or a subpoena duces tecum may be signed\nand issued by the chairman, a member of the board, referee or such\nofficer as may be designated by the chairman. A subpoena or a subpoena\nduces tecum may also be signed and issued by any attorney and\ncounse…

* § 232. Fees for testimony of physicians, podiatrists, chiropractors,\ndentists, psychologists and health care providers. Whenever his or her\nattendance at a hearing, deposition or arbitration before the board or\nthe chair's designee, pursuant to section two hundred twenty-on…

§ 233. Inspection of records of employers. All books, records and\npayrolls of employers shall be open for inspection by the chairman or by\nany officer or employee of the board designated by him for the purpose\nof ascertaining the amount of wages and the number of employees an…

§ 234. Disclosures prohibited. Information as required by any carrier,\nor its officers or employees, from employers or employees or others\npursuant to this article shall not be opened to public inspection or\nused for any purpose other than the determination of claims under an…

§ 235. Exemptions. Any employee who is receiving or is entitled to\nreceive old-age insurance benefits under title two of the social\nsecurity act, shall be exempt from this article upon filing with the\nchairman and his employer a statement, in such form as the chairman\nshall …

§ 236. Disposition of accrued benefits upon death. If any benefits due\nunder this article to an employee are unpaid at the time of his death,\nsuch benefits shall be payable to the estate of the individual or, at\nthe option of the carrier, may be paid to the surviving spouse, …

§ 237. Reimbursement for advance payments by employers. If an employer\nhas made advance payments of benefits or has made payments to an\nemployee in like manner as wages during any period of disability or\nfamily leave for which such employee is entitled to the benefits\nprovid…

§ 238. Payments to minors. Minors shall be deemed to be sui juris for\nthe purpose of receiving payment of benefits under this article.\n

§ 239. Representation before the board. Any person, firm, or\ncorporation licensed by the board under section twenty-four-a of this\narticle or subdivision three-b of section fifty of this chapter shall be\ndeemed to be authorized to appear in behalf of claimants or self insured…

§ 24. Costs and fees. 1. If the court before which any proceedings for\ncompensation or concerning an award of compensation have been brought,\nunder this chapter, determine that such proceedings have not been so\nbrought upon reasonable ground, it shall assess the cost of the\n…

§ 24-a. Representation before the workers' compensation board. 1. No\nperson, firm or corporation, other than an attorney and\ncounsellor-at-law, shall appear on behalf of any claimant or person\nentitled to the benefits of this chapter, before the board or any\nofficer, agent o…

§ 240. Non-liability of state. The special fund for disability\nbenefits created by section two hundred fourteen shall be the sole and\nexclusive source for the payment of benefits provided by sections two\nhundred seven and two hundred thirteen. The state of New York undertakes…

§ 241. Application of other provisions of chapter. All the powers and\nduties conferred or imposed upon the chairman and board by this chapter\nthat are necessary for the administration of this article and not\ninconsistent are, to that extent, hereby made applicable to this\nar…

§ 242. Separability of provisions; federal law; regulations. 1. If any\nprovision of this article or the application thereof to any person or\ncircumstances is held invalid, the remainder of this article and the\napplication of such provision to other persons or circumstances sh…

§ 25. Compensation, how payable. 1. When no controversy; penalties:\nfailure to notify of cessation of payment; late payment of installment.\n(a) The compensation herein provided for shall be paid periodically and\npromptly in like manner as wages, and as it accrues, and directl…

§ 25-a. Procedure and payment of compensation in certain claims;\nlimitation of right to compensation. 1. Notwithstanding other\nprovisions of this chapter, when an application for compensation is made\nby an employee or for death benefits in behalf of the dependents of a\ndecea…

§ 25-b. Awards to non-residents: Non-resident compensation fund. 1.\nThere is hereby created a fund to be known as the non-resident\ncompensation fund. Whenever an award is made to or on behalf of\nnoncitizen dependents, non-residents of the United States, Canada or\nNewfoundlan…

§ 26. Enforcement of payment in default. In case of default by the\nemployer in the payment of any compensation due under an award for the\nperiod of thirty days after payment is due and payable, or in case of\nfailure or refusal by the employer to deposit with the chairman with…

§ 26-a. Procedure and payment of compensation in claims against\nuninsured defaulting employers. 1. (a) Notwithstanding any other\nprovision of this chapter, when a claim for compensation is filed by an\nemployee, or in case of death by the employee's dependents, and the\nemploy…

§ 27. Depositing future payments in the aggregate trust fund. 1. All\npayments made into the fund pursuant to the provisions of this section\nshall constitute an indivisible and aggregate trust fund except as\nhereinafter provided.\n 2. If an award under this chapter requires pa…

§ 27-a. Investments in obligations of designated public benefit\ncorporations; indemnifications. 1. The aggregate trust fund, and all\nstate officers with responsibility for the custody or investment of such\nfund or of its assets, are authorized and directed to take any and all…

§ 27-b. Amortization of gains or losses. Gains or losses realized by\nthe aggregate trust fund as a result of transactions made pursuant to\nsubdivision two of section twenty-seven-a, or section twenty-seven-c of\nthis chapter, shall be transferred to a special asset account to …

§ 27-c. Appropriations to the aggregate trust fund. 1.\nNotwithstanding any other provision of law, the aggregate trust fund,\nhereinafter referred to as the fund, and all state officers with\nresponsibility for the custody or investment of such fund or of its\nassets, shall ann…

§ 28. Limitation of right to compensation. The right to claim\ncompensation under this chapter shall be barred, except as hereinafter\nprovided, unless within two years after the accident, or if death\nresults therefrom within two years after such death, a claim for\ncompensatio…

§ 29. Remedies of employees; subrogation. 1. If an employee entitled\nto compensation under this chapter be injured or killed by the\nnegligence or wrong of another not in the same employ, such injured\nemployee, or in case of death, his dependents, need not elect whether to\nta…

§ 3. Application. 1. Hazardous employments. Compensation shall be\npayable for injuries or death incurred by employees in the following\nemployments:\nGroup 1. Canning of:\nFish\nFoodstuffs\nFruit\nVegetables\nGroup 2. Care of:\nBuildings\nGrounds\nTrees\nGroup 3. Construction o…

* § 30. Revenues or benefits from other sources not to affect\ncompensation. No benefits, savings or insurance of the injured employee,\nindependent of the provisions of this chapter, shall be considered in\ndetermining the compensation or benefits to be paid under this chapter,…

§ 300. Short title. This article shall be known and may be cited as\nthe "workers' compensation act for civil defense volunteers."\n

§ 301. Declaration of policy and legislative intent. The president of\nthe United States on December sixteenth, nineteen hundred fifty,\nproclaimed a state of national emergency. The governor of this state, in\na special message to the legislature on January eighth, nineteen hun…

§ 302. Definitions. Except as otherwise provided in this article,\nterms used in this article shall have the meaning given to such terms in\narticles one to eight, inclusive, of this chapter and in the state\ndefense emergency act.\n 1. "Civil defense volunteers" shall include t…

§ 303. Provision of workmen's compensation for civil defense\nvolunteers. A civil defense volunteer performing authorized civil\ndefense services shall be deemed to be in special employment of his\nlocal office as defined in the state defense emergency act. Workmen's\ncompensati…

§ 304. Evidence of authorized services. For the purpose of\nadministering this article a certified copy of regulations and orders of\nthe commission or state director shall be evidence thereof when filed\nwith the chairman; but if not so filed the burden of proving an\nauthorize…

§ 305. Compensation provided. The schedule of special compensation for\ncivil defense volunteers under this article is hereby established as\nfollows:\n (1) Total disability. In case of total disability, sixty-six and\ntwo-thirds per centum of average weekly wages computed under…

§ 306. Compensation not allowed during first seven days. No\ncompensation shall be allowed for the first seven days of disability,\nexcept medical benefits provided in section three hundred five\nsubdivision three; and during a period of time and within an area in\nwhich a count…

§ 307. Computation of benefits. Compensation of a civil defense\nvolunteer under this article shall be computed on the basis of his wages\nduring the year preceding injury, in case of disability under the\nprovisions of section fourteen subject to the limitations of section\nfif…

§ 308. Liability for compensation. Compensation provided in this\narticle, including cash benefits, medical and chiropractic care and\nfuneral expenses, shall be paid by the chairman promptly out of the\nspecial fund created under this article and, except as to a disallowed\ncla…

§ 309. Non-duplication. No compensation under the provisions of this\narticle shall be payable to any civil defense volunteer or to the\ndependents of a deceased civil defense volunteer otherwise entitled to\nreceive workers' compensation under the provisions of this chapter or …

§ 31. Agreement for contribution by employee void. No agreement by an\nemployee to pay any portion of the premium paid by his employer to the\nstate insurance fund or to contribute to a benefit fund or department\nmaintained by such employer or to the cost of mutual insurance or…

§ 310. Disposition of accrued benefits upon death. If any benefits due\nto a civil defense volunteer under this article are unpaid at the time\nof his death, such benefits shall be payable to the estate of the\nclaimant or, at the option of the chairman, may be paid to the survi…

§ 311. Payments to minors. Civil defense volunteers who are minors\nshall be deemed to be sui juris for the purpose of receiving payment of\ncompensation under this article. Work as a civil defense volunteer shall\nnot be deemed an employment in violation of any of the provision…

§ 312. Exclusiveness of remedy. Compensation as provided in this\narticle shall be the exclusive remedy of a civil defense volunteer or\nhis or her spouse, dependents, executor or administrator, for injury,\ndisease or death arising in the course of civil defense volunteer\nserv…

§ 313. Compensation inalienable. Compensation payable under this\narticle shall not be assigned or released and shall be exempt from all\nclaims of creditors and from levy, execution and attachment or other\nremedy for recovery or collection of a debt, which exemption may not be…