STATE OF NEW YORK
________________________________________________________________________
6170
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to the notice
required for the termination of temporary payments of compensation and
the notice required for cessation of compensation payments
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 21-a of the workers' compensation
2 law, as amended by chapter 6 of the laws of 2007, is amended to read as
3 follows:
4 3. An employer may cease making temporary payments of compensation and
5 prescribed medicine if such employer delivers within [five] sixteen days
6 after the last payment, to the injured employee and the board, a notice
7 of termination of temporary payments of compensation on a form
8 prescribed by the board. Such notice shall inform the injured employee
9 that the employer is ceasing temporary payment of compensation and
10 prescribed medicine. Upon the cessation of temporary payments of compen-
11 sation and prescribed medicine, all parties to any action pursuant to
12 this chapter shall retain all rights, defenses and obligations they
13 would otherwise have pursuant to this chapter without regard for the
14 temporary payment of compensation and prescribed medicine.
15 § 2. Paragraph (d) of subdivision 1 of section 25 of the workers'
16 compensation law, as amended by chapter 635 of the laws of 1996, is
17 amended to read as follows:
18 (d) Whenever for any reason compensation payments cease, the employer
19 or its insurance carrier shall within [sixteen] thirty days thereafter,
20 send to the chair a notice on a form prescribed by the chair that such
21 payment has been stopped, which notice shall contain the name of the
22 injured employee or his or her principle dependent, the date of acci-
23 dent, the date to which compensation has been paid and the whole amount
24 of compensation paid. In case the employer or its insurance carrier
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10539-01-3
A. 6170 2
1 fails so to notify the chair of the cessation of payments within
2 [sixteen] thirty days after the date on which compensation has been
3 paid, the board may impose a penalty upon such employer or its insurance
4 carrier in the amount of three hundred dollars, which shall be paid to
5 the claimant. Such penalty shall be collected in like manner as an award
6 of compensation.
7 § 3. This act shall take effect immediately.
