Title WKC, Workers' Compensation

§ 50-a. Self-insurer offset fund. 1. The chair shall maintain a fund\nto be known as the self-insurer offset fund and such fund shall be held\nin the sole custody of the chair. The chair may transfer the money in\nsuch fund to the administrative account as necessary to effectuat…

§ 50-b. Task force on group self-insurance. There is established the\ntask force on group self-insurance whose membership shall consist of the\nchair or his or her designee, the superintendent of financial services\nor his or her designee, the commissioner of labor or his or her…

§ 50-c. Self-insured bonds. 1. The chair, with the commissioner of\ntaxation and finance, is authorized to enter into a financing agreement\nwith the dormitory authority, to be known as the "self-insured bond\nfinancing agreement". Such agreement shall set forth the process for\…

§ 51. Posting of notice regarding compensation. Every employer who has\ncomplied with section fifty of this article shall post and maintain in a\nconspicuous place or places in and about his place or places of business\ntypewritten or printed in English and Spanish notices in fo…

§ 52. Effect of failure to secure compensation. 1. (a) Failure to\nsecure the payment of compensation for five or less employees within a\ntwelve month period shall constitute a misdemeanor, and is punishable by\na fine of not less than one thousand nor more than five thousand\n…

§ 53. Release from liability. An employer securing the payment of\ncompensation by contributing premiums to the state fund shall thereby\nbecome relieved from all liability for personal injuries or death\nsustained by his employees, and the persons entitled to compensation\nunde…

§ 54. The insurance contract. 1. Right of recourse to the insurance\ncarrier. Every policy of insurance covering the liability of the\nemployer for compensation shall be issued by one or more stock\ncompanies, mutual corporations or reciprocal insurers authorized to\ntransact wo…

§ 54-a. Security where coverage is in issue. Where the issue of policy\ncoverage is raised by a carrier in any hearing or proceeding before the\nboard, and an appeal by the carrier, or the making of an application for\nreview is made, although an award is made to a claimant ther…

§ 54-b. Enforcement on failure to pay award or judgment. In case of\ndefault by a carrier or self-insured employer in the payment of any\ncompensation due under an award for the period of thirty days after\npayment is due and payable, or in the case of failure by a carrier or\ns…

§ 55. Acceptance of premium by carrier an estoppel. Acceptance of a\npremium on a policy securing to an employee compensation, either alone\nor in connection with other insurance, shall estop the carrier so\naccepting from pleading that the employment of such employee is not a\n…

§ 56. Subcontractors. A contractor, the subject of whose contract is,\ninvolves or includes a hazardous employment, who subcontracts all or any\npart of such contract shall, in any case of injury or death to any\nemployee, arising out of and in the course of such hazardous emplo…

§ 57. Restriction on issue of permits and the entering into contracts\nunless compensation is secured. 1. The head of a state or municipal\ndepartment, board, commission or office authorized or required by law to\nissue any permit for or in connection with any work involving the…

§ 58. Payment of compensation to persons providing housekeeping or\nnursing services. An employer under the workmen's compensation law, or\nthe insurance carrier under the policy of workmen's compensation\ninsurance covering such employer, or any other person or organization\nin…

§ 60. Definitions. As used in this article, the following terms shall\nmean and include:\n 1. "Public corporation." A corporation as defined in section three of\nthe general corporation law, except that a public benefit corporation\nshall not be deemed a public corporation for t…

§ 61. Continuance of existing plans; establishment of new plans. 1.\nPlans of mutual self-insurance heretofore adopted by boards of\nsupervisors of counties pursuant to former subdivision three-a of\nsection fifty of this chapter, are hereby continued; provided, however,\nthat t…

§ 62. Participants. Each plan shall have at least two municipal\ncorporations as participants. The county shall be one of the\nparticipants in a plan. Any contract agency or contract association\nwith the approval of the county government and any other public\ncorporation may by…

§ 63. Liability of county. 1. In the case of plans established\npursuant to former subdivision three-a of section fifty of this chapter\nand continued pursuant to the provisions of section sixty-one of this\nchapter, payments with respect to (a) the liability of participants\nar…

§ 64. Administration of plan. 1. The board of supervisors shall by\nlocal law provide for the administration of the plan, such plan to be\nadministered by either a committee or an administrator. Any county\nofficer or employee or other person may be appointed to such committee\n…

§ 65. Rules and regulations. 1. The board of supervisors shall by\nlocal law adopt rules and regulations not inconsistent with law for the\nfair and equitable administration and operation of the plan. Such rules\nand regulations may provide standards and conditions with respect,…

§ 66. Apportionment of costs. 1. The total of the several amounts set\nforth in the annual estimate prepared pursuant to section sixty-seven of\nthis chapter shall be apportioned to each participant in the proportion\nthat the full valuation of its taxable real property bears to…

§ 67. Annual estimate; payments by participants. 1. The committee or\nadministrator shall annually, not later than the fifteenth day of\nAugust, file with the board of supervisors an estimate of the several\namounts necessary for the ensuing calendar year (a) to meet the payment…

§ 68. Advances to county self-insurance fund. If at any time there are\ninsufficient moneys in the county self-insurance fund, exclusive of the\nreserve, to operate the plan, the county treasurer shall advance to such\nfund such amount from the general fund of the county, as sha…

§ 69. Reserve. 1. The board of supervisors in connection with a plan\nmay by local law establish a self-insurance reserve. Such local law\nshall prescribe the maximum amount which may be contributed to any such\nreserve.\n 2. The committee or administrator may at any time in its…

§ 70. Excess or catastrophe insurance; public group self-insurance\nplans. 1. The committee or administrator, subject to the approval of the\nboard of supervisors, may on behalf of the plan purchase excess or\ncatastrophe insurance. The cost of such insurance shall be an\nadmini…

§ 71. Accrual of liabilities. 1. Notwithstanding any other provision\nof this article, a county may by local law provide for the operation of\na plan on an accrued liability basis whereby amounts charged to\nparticipants shall be based on the estimated total liability of\npartic…

§ 72. Annual report. The county treasurer shall annually make a\nfinancial report of the plan to the state comptroller as of the close of\nthe calendar year. Such reports shall be in such form and contain such\ninformation as may be prescribed by the state comptroller. All repor…

§ 73. Abandonment of plan. The board of supervisors of a county may by\nlocal law provide for the abandonment of a plan, effective as of the\nclose of the calendar year then in progress. Such plan, however, shall\ncontinue to operate thereafter until all liabilities of the plan\…

§ 74. Manner of adoption of local laws. A local law authorized by this\narticle shall be adopted in the manner prescribed in the municipal home\nrule law, or, in the case of a county operating under an alternative\nform of county government, in the manner provided for such count…

§ 75. Transition provisions. 1. Existing plans continued.\n a. Notwithstanding the effective date of this article, plans\nheretofore established pursuant to former subdivision three-a of section\nfifty of this chapter and not abandoned pursuant to the provisions of\nsection sixt…

§ 75-a. In a county which has established the office of county auditor\nthe board of supervisors may by resolution place all duties of\nadministration upon such auditor. This provision shall apply to all such\nplans whether established under this article or under former subdivis…

§ 76. Creation of state fund. 1. There is hereby continued in the\ndepartment of labor a fund known as "the state insurance fund", for the\npurpose of insuring employers against liability for personal injuries or\ndeath sustained by their employees, including liability other tha…

§ 77. Administration. The state insurance fund shall be administered\nby the commissioners of the state insurance fund, of whom there shall be\nten. The commissioner of labor shall, in addition, be a commissioner of\nsuch fund by virtue of his or her office. The commissioners sh…

§ 78. Salaries and expenses. The commissioners shall not receive a\nsalary or other compensation, but shall receive their actual and\nnecessary traveling and other expenses incurred in connection with their\nattendance upon meetings or the business of the fund, which shall be\np…

§ 79. Meetings. The commissioners shall meet at least once in each\nmonth, except the month of August, and at such other times as they may\ndetermine or the business of the fund may require. Special meetings may\nbe called by the industrial commissioner upon five days' notice, a…

§ 80. Seal. The commissioners shall adopt a seal and shall require it\nto be used for the authentication of records and documents as may be\nnecessary and proper.\n

§ 81. Offices, lands, leaseholds and buildings. The commissioners, any\nlaw to the contrary notwithstanding, (a) may lease, sub-lease, rent or\notherwise hire, on behalf of and in the sole name of the state insurance\nfund and under such terms and conditions and for such period …

§ 82. Powers and duties. 1. The commissioners shall appoint an\nexecutive director, a general attorney, a secretary for terms of nine\nyears each. Vacancies in such positions shall be filled for the\nunexpired terms. The commissioners shall also appoint, and may remove,\nfour de…

§ 83. Rules. The commissioner shall adopt rules for the conduct of the\nbusiness of the state fund, and may from time to time alter, amend or\nrepeal any rule therefore adopted. At least six affirmative votes shall\nbe required for the adoption of any rule, or the amendment or r…

§ 84. General attorney. There shall be a general attorney of the state\nfund. He shall have such legal and other assistants as may be required,\nwithin the limits set forth in the budget.\n It shall be the duty of the general attorney to advise the\ncommissioners and the managem…

§ 85. Commissioner of taxation and finance custodian of fund. The\ncommissioner of taxation and finance shall be the custodian of the state\ninsurance fund; and all disbursements therefrom shall be paid by him\nupon drafts signed by the executive director, deputy executive direc…

§ 86. Catastrophe surplus and reserves for workers' compensation. Ten\nper centum of the premiums collected from employers insured in the fund\nfor workers' compensation shall be set aside for the creation of a\nsurplus until such surplus shall amount to the sum of one hundred\n…

§ 86-a. Catastrophe surplus and reserves for disability benefits.\nSubject to such rules as shall be approved by the superintendent of\nfinancial services, there shall be set aside out of the premiums paid\ninto the disability benefits fund an amount sufficient to provide\nagain…

§ 87. Investment of surplus or reserve. 1. Any of the reserve funds\nbelonging to the state insurance fund, by order of the commissioners,\napproved by the superintendent of financial services, may be invested in\nthe types of securities described in subdivisions one, two, three…

§ 87-a. Investment in obligations of the municipal assistance\ncorporation for the city of New York; indemnification. 1. The state\ninsurance fund, and all state officers with responsibility for the\ncustody or investment thereof, are authorized and directed to take any\nand all…

§ 87-b. Investments in obligations of the city of Yonkers;\nindemnification. 1. The state insurance fund, and all state officers\nwith responsibility for the custody or investment thereof, are\nauthorized and directed to take any and all actions necessary or\nappropriate to caus…

§ 87-bb. Investments in obligations of the city of Yonkers;\nindemnification (1984). 1. The state insurance fund, and all state\nofficers with responsibility for the custody or investment of such fund\nor of its assets, are authorized and directed to take any and all\nactions ne…

§ 87-c. Investments in obligations of designated public benefit\ncorporations; indemnifications. 1. The state insurance 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…

§ 87-d. Contractual obligations as evidence of indebtedness upon\nreimbursement of reserves. 1. a. Notwithstanding any other provision of\nlaw the contrary, the state insurance fund, hereafter referred to as the\nfund, and all state officers with responsibility for the custody o…

§ 87-e. Amortization of gains or losses. Gains or losses realized by\nthe state insurance fund as a result of sales or dispositions pursuant\nto the authorization and direction of section eighty-seven-a,\neighty-seven-b, eighty-seven-bb, eighty-seven-c, or eighty-seven-f of\nthi…

§ 87-f. Appropriations to the state insurance fund. 1.\nNotwithstanding any other provision of law, the state insurance 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…