Title WKC, Workers' Compensation

§ 13-g. Payment of bills for medical care. (1) Within forty-five days\nafter a bill for medical care or supplies delivered pursuant to section\nthirteen of this article has been rendered to the employer, such\nemployer must pay the bill or notify the medical care provider or\nsu…

§ 13-h. Ombudsman for injured workers. 1. The office of ombudsman for\ninjured workers is created within the workers' compensation board. The\nombudsman shall report directly to the chair. The ombudsman shall act as\nan advocate for injured workers by accepting complaints concer…

§ 13-i. Solicitation prohibited. Any person who shall make it a\nbusiness to solicit employment for any person authorized by this chapter\nto render medical care to an injured employee in connection with any\nclaim under this chapter, shall be guilty of a misdemeanor, except tha…

§ 13-j. Medical or surgical treatment by insurance carriers and\nemployers. (1) An insurance carrier shall not participate in the\ntreatment of injured workers, except as provided in paragraph five of\nsubdivision (i) of section thirteen of this article and subdivision\nseven of…

* § 13-k. Care and treatment of injured employees by duly licensed\npodiatrists. 1. When the term "chairman" is hereinafter used, it shall\nbe deemed to mean the chair of the workers' compensation board of the\nstate of New York.\n 2. An employee injured under circumstances whic…

* § 13-l. Care and treatment of injured employees by duly licensed\nchiropractors. 1. Where the term "chairman" is hereinafter used, it\nshall be deemed to mean the chair of the workers' compensation board of\nthe state of New York.\n 2. An employee injured under circumstances w…

* § 13-m. Care and treatment of injured employees by duly licensed\npsychologists. 1. Where the term "chairman" is hereinafter used, it\nshall be deemed to mean the chair of the workers' compensation board of\nthe state of New York.\n 2. (a) An injured employee, injured under ci…

§ 13-n. Mandatory registration of entities which derive income from\nindependent medical examinations.\n * 1. Any entity which derives income from independent medical\nexaminations performed in accordance with subdivision four of section\nthirteen-a, subdivision three of section…

§ 13-o. Pharmaceutical fee schedule. The chair shall adopt a\npharmaceutical fee schedule which shall establish maximum allowable fees\nfor prescription medicines provided pursuant to this chapter. The\nschedule shall include a single dispensing fee. Nothing in the fee\nschedule…

§ 13-p. Comprehensive prescription drug formulary. The chair shall\nestablish a comprehensive prescription drug formulary on or before\nDecember thirty-first, two thousand seventeen. The prescription drug\nformulary shall include a tiered list of high-quality, cost-effective\nme…

§ 130. Workmen's compensation premiums shall be deemed preferred\nclaims. All premiums and interest charges on account of policies\ninsuring employers against liability under this chapter which may be due\nto the state insurance fund, or any stock corporation or mutual\nassociat…

§ 131. Payroll records. (1) Every employer subject to the provisions\nof this chapter shall keep a true and accurate record of the number of\nhis or her employees, the classification of employees, information\nregarding employee accidents and the wages paid by him or her for a\n…

§ 132. Criminal prosecution; certifications. 1. The attorney-general\nmay prosecute every person charged with the commission of a criminal\noffense in violation of this chapter, or of any rule, regulation or\norder made thereunder, or in violation of the laws of this state,\napp…

§ 133. Refunds and credits. In any case where an award, an assessment\nor a penalty has been made and paid directly into the state treasury or\ninto one of the special funds created under the provisions of this\nchapter, and it is thereafter determined by the chairman, the board…

§ 134. Workplace safety and loss prevention program; certification of\nsafety and loss management specialists. 1. The commissioner of labor, in\nconsultation with the superintendent of financial services and the chair\nof the board shall develop a compulsory workplace safety and…

§ 135. Premium credits for safety investment. 1. An employer insured\nby a licensed insurer or the state insurance fund for workers'\ncompensation insurance may apply for a credit against the premiums for\nsuch coverage provided such employer is not currently receiving any\nstat…

§ 136. Workers' compensation fraud inspector general. 1. Definitions.\nFor the purposes of this section, the following definitions shall apply:\n (a) "Inspector general" means the workers' compensation fraud\ninspector general created by this section.\n (b) "Assistant inspector …

§ 137. Independent medical examinations. 1. (a) A copy of each report\nof independent medical examination shall be submitted by the\npractitioner on the same day and in the same manner to the board, the\ninsurance carrier, the claimant's attending physician or other attending\np…

§ 14. Weekly wages basis of compensation. Except as otherwise provided\nin this chapter, the average weekly wages of the injured employee at the\ntime of the injury shall be taken as the basis upon which to compute\ncompensation or death benefits, and shall be determined as foll…

§ 14-a. Double compensation and death benefits when minors illegally\nemployed. 1. Compensation, death benefits, and awards to the\ncommissioner of taxation and finance in accordance with subdivision nine\nof section fifteen and section twenty-five-a, as provided in this\narticl…

§ 140. Workers' compensation board. The workers' compensation board in\nthe department of labor is hereby continued. Such board shall consist of\nthirteen members, at least four of whom shall be attorneys and\ncounsellors-at-law duly admitted to practice in this state. The membe…

* § 141. General powers and duties of the chair. The chair shall be\nthe administrative head of the workers' compensation board and shall\nexercise the powers and perform the duties in relation to the\nadministration of this chapter heretofore vested in the commissioner of\nlabo…

§ 141-a. Civil enforcement. 1. To investigate violations of sections\nfifty-two, one hundred thirty-one and two hundred thirteen of this\nchapter, the chair or his or her designees shall have the power to:\n (a) Enter and inspect any place of business at any reasonable time for\…

§ 141-b. Suspension and debarment. Any person subject to a final\nassessment of civil fines or penalties or a stop-work order, or that has\nbeen convicted of a misdemeanor for a violation of sections twenty-six,\nfifty-two or one hundred thirty-one of this chapter, and any\nsubs…

§ 141-c. Coordination of forms. The board, the commissioner of labor,\nthe commissioner of taxation and finance, the commissioner of motor\nvehicles, and the superintendent of financial services shall consult on\nan ongoing basis to coordinate the amendment of forms used to gath…

§ 142. General powers and duties of the workmen's compensation board.\n1. The workmen's compensation board shall have power to hear and\ndetermine all claims for compensation or benefits or relating to special\nfunds created under the provisions of this chapter, in the manner\np…

§ 143. Maintenance of records. 1. The board is authorized and\nempowered to use electronic means in accordance with section three\nhundred five of the state technology law to record and maintain public\nrecords, papers, documents or matters required by law to be recorded.\nSuch …

§ 144. Seal. The board may adopt a seal and require that it be used\nfor the authentication of orders and proceedings and for such other\npurposes as the board may prescribe.\n

§ 145. Oaths of office. The members of the board and the secretary\nshall, before entering upon the duties of their office, take and\nsubscribe the constitutional oath of office. Such oaths shall be filed\nin the office of the department of state.\n

§ 146. Offices of the board. There shall be an office of the board in\nthe city of New York and at such other place or places in the state as\nmay be required properly and conveniently to transact the business of\nthe board. The board may meet and exercise any or all of its powe…

§ 147. Vacancies and removals. If a vacancy shall occur in the office\nof any member of the board otherwise than by expiration of term, it\nshall be filled by the governor, by and with the advice and consent of\nthe senate, for the unexpired term. The governor may remove the cha…

§ 148. Salaries and expenses. 1. The chairman and members of the board\nshall devote their entire time to the duties of their office and shall\nnot practice in their respective professions or callings. The reasonable\nand necessary expenses of the board and the reasonable and ne…

§ 149. Employees. Permanent employees of the department of labor\nassigned to duties wholly in relation to the enforcement and\nadministration of this chapter, in the competitive class of the\nclassified civil service in office when this section takes effect shall\ncontinue in o…

§ 15. Schedule in case of disability. The following schedule of\ncompensation is hereby established:\n 1. Permanent total disability. In case of total disability adjudged to\nbe permanent sixty-six and two-thirds per centum of the average weekly\nwages shall be paid to the emplo…

§ 15-a. Assessment on insolvent group self-insured trusts. The\nlegislature finds that in lieu of the assessments under sections fifteen\nand one hundred fifty-one of this chapter that shall no longer be\nimposed on closed group self-insured trusts as a result of the chapter\nof…

§ 150. Referees and secretary. (a) The chair shall appoint as many\npersons as may be necessary to be referees to perform the duties\nprescribed by this section. All positions of referee now in existence\nshall remain in the exempt class of the classified civil service, except\n…

§ 150-a. Secretary as agent for service of process on non-resident\nnon-insured employers; method and effect of service. Any non-insured\nemployer, not a resident of this state or any resident non-insured\nemployer who becomes a non-resident of this state after the occurrence\no…

§ 151. Assessments for annual expenses. 1. The annual expenses\nnecessary for the board to administer the provisions of this chapter,\nthe volunteer ambulance workers' benefit law, the volunteer\nfirefighters' benefit law, the disability benefits law, and the\nworkmen's compensa…

§ 152. Administrative regulations. The chairman of the board may make,\namend and repeal regulations for the administration of the board and its\nemployees. Such regulations shall not be deemed rules within the meaning\nof this chapter or of the labor law unless the context of s…

* § 153. Annual report. The board shall on or before the first day of\nFebruary in each year make an annual report in writing to the governor,\nstating in detail the work it has done in hearing and deciding cases and\notherwise.\n * NB Effective until January 1, 2028\n * § 153. …

§ 154. Construction of article. This article shall be construed as a\ncontinuation of those parts of article two of chapter thirty-six of the\nlaws of nineteen hundred nine, entitled "An act relating to labor,\nconstituting chapter thirty-one of the consolidated laws," as amende…

§ 155. Saving clause. This article shall not affect pending actions,\ncivil or criminal, brought by or against the department of labor, the\nindustrial commissioner or the industrial board, but the same may be\nprosecuted or defended in the same manner and with the same effect a…

§ 156. Separability. If any clause, sentence, paragraph, or part of\nthis article or the application thereof to any person or circumstances,\nshall, for any reason, be adjudged by a court of competent jurisdiction\nto be invalid, such judgments shall not affect, impair, or inval…

§ 157. Application of article to volunteer firefighters' benefit law\nor the volunteer ambulance workers' benefit law. The following terms\nused in this article, unless inconsistent with the volunteer\nfirefighters' benefit law or the volunteer ambulance workers' benefit\nlaw, a…

§ 16. Death benefits. If the injury causes death, the compensation\nshall be known as a death benefit and shall be payable in the amount and\nto or for the benefit of the persons following:\n 1. Funeral expenses. The chair shall prepare and establish a schedule\nfor the state or…

§ 16-a. Death benefits due to diesel exposure. Where death is due in\nwhole or part to any cancer resulting from a hazardous exposure to\ndiesel exhaust, a claim for death benefits shall not be disallowed as\nbarred by section eighteen or section twenty-eight of this article if\…

§ 161. Definitions. Whenever used in this article:\n 1. "Participant in World Trade Center rescue, recovery, or cleanup\noperations" means any (a) employee who within the course of employment,\nor (b) volunteer upon presentation to the board of evidence satisfactory\nto the boar…

§ 162. Registration of participation in World Trade Center rescue,\nrecovery and clean-up operations. In order for the claim of a\nparticipant in World Trade Center rescue, recovery and clean-up\noperations to come within the application of this article, such\nparticipant must f…

§ 163. Notice; participants in the World Trade Center rescue, recovery\nand clean-up operations. The notice requirements for injury or death\nresulting from a qualifying condition for a participant in World Trade\nCenter rescue, recovery and clean-up operations shall be the same…

§ 164. Disablement of a participant in World Trade Center rescue,\nrecovery and clean-up operations treated as an accident. The date of\ndisablement of a participant in World Trade Center rescue, recovery and\nclean-up operations resulting from a qualifying condition that is\nca…