Title WKC, Workers' Compensation

§ 314. Claim filing. The right to compensation including medical care\nand funeral expenses under the provisions of this article shall be\nbarred unless written claim is filed with the chairman within ninety\ndays after injury or, if death results therefrom, within ninety days\n…

§ 315. Claims procedures. Claims shall be subject to the\nadministrative procedures prescribed for claims filed with the chairman\nfor disability benefits payable under section two hundred seven.\n The chairman may require a claimant under this article to file the\nsame proofs r…

§ 316. Record of enrollment. Each local director of civil defense\nshall maintain a record of enrollment of civil defense volunteers who\nare personnel of the volunteer agencies sponsored by his local office.\nEach record shall contain the name and address of the volunteer, the\…

§ 317. Determination of contested claims for compensation. A civil\ndefense volunteer may file with the board a notice that his claim for\ncompensation under this article has not been paid, and the board shall\nhave full power and authority to determine all issues in relation to…

§ 318. Rules of evidence; modification of board decisions or orders;\nappeals. The provisions of section two hundred twenty-two of this\nchapter are made applicable to claims for compensation under this\narticle.\n

§ 319. Special fund for civil defense volunteers. There is hereby\ncreated a fund which shall be known as the special fund for civil\ndefense volunteers to provide for payment of cash benefits and medical\ncare and funeral expenses under this article and expenses of\nadministrat…

§ 32. Waiver agreements. No agreement or release except as otherwise\nprovided in this chapter by an employee to waive his right to\ncompensation under this chapter shall be valid.\n (a) Whenever a claim has been filed, the claimant or the deceased\nclaimant's dependents and the…

§ 32-a. Waivers of specific coverage prohibited. All employers doing\nbusiness in this state shall ensure that their employees working in New\nYork state are insured for all protections required under this chapter.\nWaivers of coverage shall not be available to out of state empl…

§ 320. Commissioner of taxation and finance custodian of fund. The\ncommissioner of taxation and finance shall be the custodian of the\nspecial fund for workmen's compensation for civil defense volunteers and\nall disbursements for compensation therefrom shall be paid by him upo…

§ 321. Reinsurance. Funds credited to the special fund for the\npurposes of this article may be used to effect insurance or reinsurance\nwith the war damage corporation or with any other authority or\ninstrumentality, public or private, or otherwise to distribute the\nliability …

§ 322. Rehabilitation. Fees for rehabilitation services to disabled\ncivil defense volunteers shall be paid out of the special fund in an\namount approved by the chairman, and shall be the reasonable and\nnecessary cost of such services, including services of a physician or\nreh…

§ 323. Limitation of liability. The special fund for civil defense\nvolunteers created by this article shall be the sole and exclusive\nsource for payment of compensation provided by this article for civil\ndefense volunteers.\n

§ 324. Distribution of unexpended assets of the special fund. Within\nfive years after the period of emergency as defined in the state defense\nemergency act shall have expired, the chairman shall determine the\namount of outstanding liabilities of the special fund and shall\nes…

§ 325. Administration expenses. The entire expense of administering\nthis article shall be paid out of the special fund and charged thereto.\n At least thirty days prior to the first days of April and October in\neach year, the chairman shall submit to the director of the budget…

§ 326. Penalties. 1. If for the purpose of obtaining any benefit or\npayment under the provisions of this article or for the purpose of\ninfluencing any determination regarding any benefit payment, either for\nhimself or another, any person shall wilfully make a false statement …

§ 327. 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 therewith are, to that extent, hereby made applicable t…

§ 328. Separability of provisions. If any provisions of this act or\nthe application thereof to any person or circumstances is held invalid,\nthe remainder of this act and the application of such provision to other\npersons or circumstances shall not be affected thereby.\n

§ 33. Assignments; exemptions. Compensation or benefits due under this\nchapter shall not be assigned, released or commuted except as provided\nby this chapter, and shall be exempt from all claims of creditors and\nfrom levy, execution and attachment or other remedy for recovery…

§ 34. Preferences. Compensation shall be a lien against the assets of\nthe carrier of employer without limit of amount subordinate, however, to\nclaims for unpaid wages and prior recorded liens. The provisions of this\nsection shall not apply to the state insurance fund with res…

§ 35. Safety net. 1. Return to work. (a) The commissioner of labor\nwill issue a report to the governor, the speaker of the assembly, the\nmajority leader of the senate, and the chairs of the labor, ways and\nmeans and finance committees of the assembly and senate on or before\n…

§ 350. Short title. This article may be known and shall be cited as\nthe "preferred provider organization act".\n

§ 351. Preferred provider organizations; contracts. The state\ninsurance fund, any stock corporation, mutual corporation or reciprocal\ninsurer authorized to transact the business of workers' compensation\ninsurance in this state or self-insurer may contract with a preferred\npr…

§ 352. Preferred provider organizations; defined. As used in this\narticle, the term "preferred provider organization" or "P.P.O." shall\nmean a plan licensed pursuant to section three hundred fifty-three of\nthis article owned, operated or administered by an entity that provide…

§ 353. Preferred provider organizations; licensing. To be licensed as\na preferred provider organization any entity, except any organization\nwhich provides limited health care services, shall make an application\nto the commissioner of health and shall submit therewith an appli…

§ 354. Preferred provider organizations; medical treatment. 1. Each\npreferred provider organization shall provide at least two providers in\nevery medical specialty from which the employee may choose and at least\ntwo hospitals from which the employee may choose in the event th…

§ 355. Preferred provider organizations; medical fee schedules. The\nmedical fee schedules authorized pursuant to section thirteen of this\nchapter shall not apply to any medical services provided by a preferred\nprovider organization pursuant to the provisions of this article.\…

§ 37. Definitions. Whenever used in this article: 1. "Disability"\nmeans the state of being disabled from earning full wages at the work at\nwhich the employee was last employed.\n 2. "Disablement" means the act of becoming so disabled as defined in\nsubdivision one.\n

§ 38. Disablement treated as accident. The disablement of an employee\nresulting from an occupational disease described in subdivision two of\nsection three shall be treated as the happening of an accident within\nthe meaning of this chapter and the procedure and practice provid…

§ 39. Right to compensation. If an employee is disabled or dies and\nhis disability or death is caused by one of the diseases mentioned in\nsubdivision two of section three, and the disease is due to the nature\nof the corresponding employment as described in such subdivision in…

§ 4. Special applicability; domestic partners; surviving domestic\npartners; death benefits; funeral expenses; terrorist attacks of\nSeptember eleventh, two thousand one; construction. 1. Definition.\n"Domestic partner" means a person at least eighteen years of age who:\n (a) is…

§ 400. Laws repealed. Article fourteen-a and sections two hundred and\nfifteen to two hundred and nineteen-g, both inclusive, of chapter\nthirty-six of the laws of nineteen hundred and nine, as added by chapter\nsix hundred and seventy-four of the laws of nineteen hundred and te…

§ 401. When to take effect. This chapter as amended shall take effect\nJuly first, nineteen hundred and twenty-two.\n

§ 41. Examining physicians. The chairman shall appoint one or more\nphysicians whose duty it shall be to examine any claimant under this\narticle and to make a report in such form as the chairman may require.\n

§ 42. Date of disablement. For the purposes of this article the date\nof disablement shall be such date as the board may determine on the\nhearing on the claim.\n

§ 44. Liability of employer. The total compensation due shall be\nrecoverable from the employer who last employed the employee in the\nemployment to the nature of which the disease was due and in which it\nwas contracted. If, however, such disease, except silicosis or other\ndus…

§ 44-a. Liability of employer; silicosis or other dust diseases. The\nemployer in whose employment an employee was last exposed to an\ninjurious dust hazard shall be liable for the payments required by this\nchapter when disability or death of the employee shall be due to\nsilic…

§ 44-b. Liability of employer; compressed air illness. With respect to\nclaims filed after July first, nineteen hundred sixty-one, for\ncompensation on account of disability or death resulting from compressed\nair illness or its sequelae, the employer who is made liable for the\…

§ 45. Notice to employers. The employer to whom notice of death or\ndisability is to be given, or against whom claim is to be made by the\nemployee, shall be the employer who last employed the employee in the\nemployment to the nature of which the disease was due and such notice…

§ 46. Information; penalty. The employee or his dependents, if so\nrequested, shall furnish the last employer or the board with such\ninformation as to the names and addresses of all his other employers\nduring the said twelve months, as he or they may possess; and if such\ninfo…

§ 47. Presumption as to the cause of disease. If the employee, at or\nimmediately before the date of disablement, was employed in any process\nmentioned in the second column of the schedule of diseases in\nsubdivision two of section three of this chapter, and his or her disease\…

§ 48. Diseases which are accidents. Nothing in this article shall\naffect the rights of an employee to recover compensation in respect to a\ndisease to which this article does not apply if the disease is an\naccidental personal injury within the meaning of subdivision seven of\n…

§ 49-aa. Declaration of purpose. The compensability of claims for loss\nof hearing resulting from exposure to industrial noise has created a\nproblem in this state which is a matter of grave concern to the\nlegislature. The legislature, therefore, finds and declares that the\npu…

§ 49-bb. Waiting period; date of disablement; payment of compensation.\nNotwithstanding any other inconsistent provisions of this chapter,\ncompensation for occupational loss of hearing shall become due and\npayable at the employee's choice three months after (1) removal from\ne…

§ 49-cc. Right to compensation. If an employee becomes disabled from\noccupational loss of hearing he shall be entitled to compensation in\naccordance with the provisions of subdivision three of section fifteen\nof this chapter. No employee shall in the aggregate receive greater…

§ 49-dd. Posthumous schedule awards. If an employee shall die before\nhe shall have been removed from exposure to harmful noise for a period\nof at least three consecutive months as hereinbefore provided, an award\nmay be made payable in accordance with the provisions of subdivi…

§ 49-ee. Liability of employer; preplacement examinations and notice\nto prior employers; apportionment of liability between employers. 1. The\nlast employer in whose employment the employee was exposed to harmful\nnoise shall, except as herein provided, be liable for the paymen…

§ 49-ff. Minimum exposure required. No employee or his dependents,\nshall, in the absence of substantial evidence to the contrary, be\nentitled to an award for occupational loss of hearing unless the\nemployee shall have been employed in an employment in which he was\nexposed to…

§ 49-gg. Determination of damage risk criteria and standards for the\nmeasurement of occupational loss of hearing. The chairman of the\nworkers' compensation board is authorized and empowered to, and shall,\nappoint and consult with a committee or committees of not less than\nth…

§ 49-hh. Standards. Any standards for the measurement and\ndetermination of occupational hearing loss adopted by the board pursuant\nto section forty-nine-gg of this article shall conform with the\nstandards recommended by the American Academy of Otolarnyngology\naccepted by the…

§ 50. Security for payment of compensation. An employer shall secure\ncompensation to his employees in one or more of the following ways:\n 1. By insuring and keeping insured the payment of such compensation in\nthe state fund, or\n 2. By insuring and keeping insured the payment…