Requires the workers' compensation board to appoint the uninsured employers fund as the insurance carrier in cases when the identity of the responsible insurance carrier for the employer cannot be determined within ten days of the filing of a claim and to proceed with hearings and provide notices necessary to process such claim; and to make conforming technical changes.
STATE OF NEW YORK
________________________________________________________________________
7404
2019-2020 Regular Sessions
IN ASSEMBLY
May 1, 2019
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to requiring
the workers' compensation board to appoint the uninsured employers'
fund as the insurance carrier in cases when the identity of the
responsible insurance carrier for the employer cannot be determined
within ten days of the filing of a claim and to proceed with hearings
and provide notices necessary to process such claim; and to make
conforming technical changes
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 20 of the workers' compensation law is amended by
2 adding a new subdivision 1-a to read as follows:
3 1-a. Notwithstanding subdivision one of this section, in the event
4 that the board is unable to determine the identity of the responsible
5 insurance carrier for the employer within ten days of the filing of a
6 new claim, the board shall:
7 (a) appoint the uninsured employers' fund as the insurance carrier
8 until such time as the identity of the responsible insurance carrier for
9 the employer is determined. Upon such appointment, the uninsured employ-
10 ers' fund shall immediately commence payments and provide medical care
11 in accordance with the provisions of this chapter;
12 (b) schedule a hearing to determine the identity of the responsible
13 insurance carrier for the employer and to determine such claim for
14 compensation in accordance with the provisions of subdivision one of
15 this section; and
16 (c) provide notice of such claim and hearing to the employer by certi-
17 fied mail, return receipt requested, with a direction that the employer
18 provide proof of having insurance in effect as provided by section ten
19 of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10553-02-9
A. 7404 2
1 § 2. Subdivision 2 of section 2 of the workers' compensation law, as
2 amended by chapter 113 of the laws of 1946, is amended to read as
3 follows:
4 2. "Department" means the department of labor of the state of New
5 York;
6 "Chairman" means the chairman of the [workmen's] workers' compensation
7 board of the state of New York;
8 "Commissioner" means the industrial commissioner of the state of New
9 York;
10 "Board" means the [workmen's] workers' compensation board of the state
11 of New York;
12 "Commissioners" means the commissioners of the state insurance fund of
13 the department of labor of the state of New York.
14 § 3. Subdivisions 1 and 2 of section 201 of the workers' compensation
15 law, as added by chapter 600 of the laws of 1949, are amended to read as
16 follows:
17 1. "Board" means the [workmen's] workers' compensation board created
18 under this chapter.
19 2. "Chairman" means the chairman of the [workmen's] workers' compen-
20 sation board of the state of New York.
21 § 4. Section 302 of the workers' compensation law, as amended by chap-
22 ter 788 of the laws of 1951, is amended to read as follows:
23 § 302. Definitions. Except as otherwise provided in this article,
24 terms used in this article shall have the meaning given to such terms in
25 articles one to eight, inclusive, of this chapter and in the state
26 defense emergency act.
27 1. "Civil defense volunteers" shall include those members of the civil
28 defense forces under the provisions of the state defense emergency act
29 who are volunteer persons serving without compensation in the personnel
30 of volunteer agencies.
31 2. "Authorized civil defense service" for the purposes of this article
32 includes duties and services performed by an air raid warden during
33 attack, actual or imminent, and subsequent to attack, but not during
34 training or practice periods; and duties and services performed by a
35 civil defense volunteer other than an air raid warden following actual
36 attack, but not during training or practice periods or during attack,
37 actual or imminent. For the purposes of this article, such services
38 shall be those authorized by the local director of civil defense in
39 accordance with regulations and orders of the commission or state direc-
40 tor of civil defense.
41 3. "Injury" within the meaning of this article means only accidental
42 injury arising in the course of authorized civil defense service during
43 attack, actual or imminent, or subsequent to attack, and disease or
44 infection that may be sustained or death incurred either as the natural
45 and unavoidable result thereof or of exposure to radiation or to noxious
46 gases or to germ warfare in the course of such authorized service.
47 4. "Commission" shall mean the state civil defense commission created
48 by article three of the state defense emergency act, and "state direc-
49 tor" shall mean the New York state director of civil defense appointed
50 under the provisions of said act.
51 5. "Board" shall mean the [workmen's] workers' compensation board.
52 6. "Chairman" shall mean the chairman of the [workmen's] workers'
53 compensation board.
54 § 5. Section 140 of the workers' compensation law, as amended by chap-
55 ter 57 of the laws of 1951, is amended to read as follows:
A. 7404 3
1 § 140. [Workmen's] Workers' compensation board. The [workmen's] work-
2 ers' compensation board in the department of labor is hereby continued.
3 Such board shall consist of thirteen members, at least four of whom
4 shall be attorneys and counsellors-at-law duly admitted to practice in
5 this state. The members of the board shall be appointed by the governor,
6 by and with the advice and consent of the senate. The members of the
7 board in office, together with the additional members and the members
8 appointed to fill vacancies, if any, at the time this section takes
9 effect, shall continue, notwithstanding the appointment of any of the
10 members for a term expiring on a different date, to hold office for
11 terms to be assigned by the governor by and with the advice and consent
12 of the senate; two such terms to expire on December thirty-first, nine-
13 teen hundred fifty; two to expire on December thirty-first, nineteen
14 hundred fifty-one; two to expire on December thirty-first, nineteen
15 hundred fifty-two; two to expire on December thirty-first, nineteen
16 hundred fifty-three; two to expire on December thirty-first, nineteen
17 hundred fifty-four; two to expire on December thirty-first, nineteen
18 hundred fifty-five; and one to expire on December thirty-first, nineteen
19 hundred fifty-six. The members next appointed, except to fill a vacancy
20 created otherwise than by expiration of term, shall be appointed for
21 terms of seven years. The governor shall designate one of the members of
22 the board as chairman and another as vice-chairman.
23 § 6. This act shall take effect on the sixtieth day after it shall
24 have become a law and shall apply to all claims filed on and after such
25 effective date. Effective immediately the addition, amendment and/or
26 repeal of any rule or regulation necessary for the implementation of
27 this act on its effective date are authorized to be made and completed
28 on or before such date.
