Title WKC, Workers' Compensation

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

§ 315. Claims procedures. Claims shall be subject to the administrative procedures prescribed for claims filed with the chairman for disability benefits payable under section two hundred seven. The chairman may require a claimant under this article to file the same proofs requir…

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

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

§ 318. Rules of evidence; modification of board decisions or orders; appeals. The provisions of section two hundred twenty-two of this chapter are made applicable to claims for compensation under this article.

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

§ 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 business in this state shall ensure that their employees working in New York state are insured for all protections required under this chapter. Waivers of coverage shall not be available to out of state employe…

§ 320. Commissioner of taxation and finance custodian of fund. The commissioner of taxation and finance shall be the custodian of the special fund for workmen's compensation for civil defense volunteers and all disbursements for compensation therefrom shall be paid by him upon d…

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

§ 322. Rehabilitation. Fees for rehabilitation services to disabled civil defense volunteers shall be paid out of the special fund in an amount approved by the chairman, and shall be the reasonable and necessary cost of such services, including services of a physician or rehabil…

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

§ 324. Distribution of unexpended assets of the special fund. Within five years after the period of emergency as defined in the state defense emergency act shall have expired, the chairman shall determine the amount of outstanding liabilities of the special fund and shall establ…

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

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

§ 327. Application of other provisions of chapter. All the powers and duties conferred or imposed upon the chairman and board by this chapter that are necessary for the administration of this article and not inconsistent therewith are, to that extent, hereby made applicable to t…

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

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

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

§ 35. Safety net. 1. Return to work. (a) The commissioner of labor will issue a report to the governor, the speaker of the assembly, the majority leader of the senate, and the chairs of the labor, ways and means and finance committees of the assembly and senate on or before Dece…

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

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

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

§ 353. Preferred provider organizations; licensing. To be licensed as a preferred provider organization any entity, except any organization which provides limited health care services, shall make an application to the commissioner of health and shall submit therewith an applicat…

§ 354. Preferred provider organizations; medical treatment. 1. Each preferred provider organization shall provide at least two providers in every medical specialty from which the employee may choose and at least two hospitals from which the employee may choose in the event that …

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

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

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

§ 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 fifteen to two hundred and nineteen-g, both inclusive, of chapter thirty-six of the laws of nineteen hundred and nine, as added by chapter six hundred and seventy-four of the laws of nineteen hundred and ten, …

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

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

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

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

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

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

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

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

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

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

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

§ 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 to prior employers; apportionment of liability between employers. 1. The last employer in whose employment the employee was exposed to harmful noise shall, except as herein provided, be liable for the payment o…

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

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

§ 49-hh. Standards. Any standards for the measurement and determination of occupational hearing loss adopted by the board pursuant to section forty-nine-gg of this article shall conform with the standards recommended by the American Academy of Otolarnyngology accepted by the Ame…

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