RETRIEVE BILL WORKC - 0607


               STATE OF NEW YORK
        ________________________________________________________________________

            S. 6461                                                  A. 9561

               SENATE - ASSEMBLY

                                    January 20, 2006
                                       ___________

        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance

        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means

        AN ACT to amend the workers’ compensation law, the executive law and the
          insurance law, in relation to compensation claims

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 10 of  the  workers’  compensation
     2  law,  as  amended by chapter 924 of the laws of 1990, is amended to read
     3  as follows:
     4    1. Every employer subject to this chapter  shall  in  accordance  with
     5  this  chapter,  except  as  otherwise  provided in section twenty-five-a
     6  [hereof] of this article, secure compensation to [his] its employees and
     7  pay or provide compensation for their disability or  death  from  injury
     8  arising  out  of  and  in the course of the employment without regard to
     9  fault as a cause of the injury, except that there shall be no  liability
    10  for  compensation  under  this  chapter  when the injury has been solely
    11  occasioned by intoxication from alcohol or a controlled substance of the
    12  injured employee while on duty;  or  by  the  wilful  intention  of  the
    13  injured  employee  to  bring  about  the  injury  or death of himself or
    14  herself or another; or where the injury  was  casually  related  to  the
    15  perpetration by the employee of a crime for which such employee was duly
    16  convicted;  or  where the injury was sustained in or caused by voluntary
    17  participation in an off-duty athletic activity not constituting part  of
    18  the  employee's work related duties unless the employer (a) requires the
    19  employee to participate in such activity, (b) compensates  the  employee
    20  for  participating in such activity or (c) otherwise sponsors the activ-
    21  ity.
    22    § 2. Section 10 of the workers’ compensation law is amended by  adding
    23  a new subdivision 4 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12276-01-6
        S. 6461                             2                            A. 9561

     1    4.  Any person incarcerated upon conviction of a crime shall be deemed
     2  ineligible for all benefits provided under this chapter. All those whose
     3  benefits have ceased by operation of this  section,  may  apply  to  the
     4  board  for  benefits  upon their release from custody by filing with the
     5  board a notice of release from incarceration together with proof of such
     6  release.
     7    §  3.  Subdivision (a) of section 13 of the workers’ compensation law,
     8  as amended by chapter 451 of the laws of 1996 and the closing  paragraph
     9  as  separately amended by chapter 635 of the laws of 1996, is amended to
    10  read as follows:
    11    (a) The employer shall promptly provide for an injured  employee  such
    12  medical,  dental, surgical, optometric or other attendance or treatment,
    13  nurse and hospital service,  medicine,  optometric  services,  crutches,
    14  eye-glasses,   false   teeth,  artificial  eyes,  orthotics,  prosthetic
    15  devices, functional assistive and adaptive  devices  and  apparatus  for
    16  such  period  as the nature of the injury or the process of recovery may
    17  require. The employer shall be liable for the payment of the expenses of
    18  medical, dental, surgical, optometric or other attendance or  treatment,
    19  nurse  and  hospital  service,  medicine, optometric services, crutches,
    20  eye-glasses,  false  teeth,  artificial  eyes,   orthotics,   prosthetic
    21  devices,  functional  assistive  and  adaptive devices and apparatus, as
    22  well as artificial members of the body or other  devices  or  appliances
    23  necessary in the first instance to replace, support or relieve a portion
    24  or  part of the body resulting from and necessitated by the injury of an
    25  employee, for such period as the nature of the injury or the process  of
    26  recovery may require, and the employer shall also be liable for replace-
    27  ments  or  repairs  of such artificial members of the body or such other
    28  devices, eye-glasses, false teeth, artificial eyes, orthotics, prosthet-
    29  ic devices, functional assistive  and  adaptive  devices  or  appliances
    30  necessitated by ordinary wear or loss or damage to a [prothesis] prosth-
    31  esis,  with  or without bodily injury to the employee. Damage to or loss
    32  of a prosthetic device shall be deemed an injury except that no disabil-
    33  ity benefits shall be payable with respect to such injury under  section
    34  fifteen  of  this  article.  Such  a replacement or repair of artificial
    35  members of the body or such other  devices,  eye-glasses,  false  teeth,
    36  artificial eyes, orthotics, prosthetic devices, functional assistive and
    37  adaptive devices or appliances or the providing of medical treatment and
    38  care  as defined herein shall not constitute the payment of compensation
    39  under section twenty-five-a of this  [chapter]  article.  All  fees  and
    40  other  charges  for such treatment and services shall be limited to such
    41  charges as prevail in  the  same  community  for  similar  treatment  of
    42  injured persons of a like standard of living.
    43    The  chair  shall  prepare  and establish a schedule for the state, or
    44  schedules limited to defined localities, of charges and  fees  for  such
    45  medical  treatment  and  care,  [to  be  determined]  and  including all
    46  medical, dental, surgical, optometric or other attendance or  treatment,
    47  nurse  and  hospital  service,  medicine, optometric services, crutches,
    48  eye-glasses,  false  teeth,  artificial  eyes,   orthotics,   prosthetic
    49  devices,  functional  assistive  and  adaptive  devices and apparatus in
    50  accordance with and to be subject to change pursuant to rules promulgat-
    51  ed by the chair. Before preparing such schedule for the state or  sched-
    52  ules for limited localities the chair shall request the president of the
    53  medical  society  of  the state of New York and the president of the New
    54  York state osteopathic medical society to submit to him or her a  report
    55  on  the  amount  of  remuneration  deemed by such society to be fair and
    56  adequate for the types of medical care to be rendered under  this  chap-
        S. 6461                             3                            A. 9561

     1  ter,  but  consideration  shall be given to the view of other interested
     2  parties. In the case of physical therapy fees schedules the chair  shall
     3  request  the  president of a recognized professional association repres-
     4  enting  physical therapists in the state of New York to submit to him or
     5  her a report on the amount of remuneration deemed by such association to
     6  be fair and  reasonable  for  the  type  of  physical  therapy  services
     7  rendered  under  this  chapter,  but consideration shall be given to the
     8  views of other interested parties. The  chair  shall  also  prepare  and
     9  establish  a  schedule  for  the  state, or schedules limited to defined
    10  localities, of charges and fees for  outpatient  hospital  services  not
    11  covered  under  the  medical fee schedule previously referred to in this
    12  subdivision, to be determined in accordance with and to  be  subject  to
    13  change pursuant to rules promulgated by the chair. Before preparing such
    14  schedule  for  the  state  or schedules for limited localities the chair
    15  shall request the president of the  hospital  association  of  New  York
    16  state  to  submit  to  him or her a report on the amount of remuneration
    17  deemed by such association to be fair and  adequate  for  the  types  of
    18  hospital  outpatient care to be rendered under this chapter, but consid-
    19  eration shall be given to the views of other interested parties. In  the
    20  case  of occupational therapy fees schedules the chair shall request the
    21  president of a recognized professional association representing  occupa-
    22  tional  therapists  in  the  state of New York to submit to him or her a
    23  report on the amount of remuneration deemed by such  association  to  be
    24  fair  and  reasonable  for  the  type  of  occupational therapy services
    25  rendered under this chapter, but consideration shall  be  given  to  the
    26  views  of  other interested parties. The amounts payable by the employer
    27  for such treatment and services shall be the  fees  and  charges  estab-
    28  lished  by  such  schedule.    Nothing  in this schedule, however, shall
    29  prevent voluntary payment of amounts higher or lower than the  fees  and
    30  charges  fixed  therein, but no physician rendering medical treatment or
    31  care, and no physical or occupational therapist rendering their  respec-
    32  tive  physical  or  occupational therapy services may receive payment in
    33  any higher amount unless such increased amount has  been  authorized  by
    34  the  employer,  or by decision as provided in section thirteen-g of this
    35  article. Nothing in this section shall be construed  as  preventing  the
    36  employment  of  a  duly  authorized  physician  on  a salary basis by an
    37  authorized compensation medical bureau or laboratory.
    38    § 4. Section 13 of the workers’ compensation law is amended by  adding
    39  a new subdivision (i) to read as follows:
    40    (i) (1) When a claimant or pharmacy submits a claim to the employer or
    41  its  carrier  for payment of prescribed medicine or for reimbursement of
    42  the cost of prescribed  medicine  which  the  employer  is  required  to
    43  provide under this section, the employer or carrier shall pay the amount
    44  prescribed  by the fee schedule adopted under section thirteen-o of this
    45  article, or if the prescribed medicine is not included  on  the  current
    46  fee  schedule, the usual and customary charges for such prescribed medi-
    47  cine, within forty-five days of receipt of the claim, unless the liabil-
    48  ity of the employer to pay for the prescribed medicine is not reasonably
    49  clear.
    50    (2) Where the liability of the employer or carrier for the  claim  for
    51  payment   of   prescribed  medicine  or  reimbursement  for  payment  of
    52  prescribed medicine is not reasonably clear,  the  employer  or  carrier
    53  shall  pay  any  undisputed portion of the claim in accordance with this
    54  section and notify the claimant or pharmacy, as appropriate, in  writing
    55  within forty-five days of receipt of the claim:
        S. 6461                             4                            A. 9561

     1    (i)  that  the  claim is not being paid and explaining the reasons for
     2  nonpayment; or
     3    (ii) to request all additional information reasonably needed to deter-
     4  mine  the employer's or carrier's liability for the claim.  Upon receipt
     5  of the information requested  in  this  subparagraph,  the  employer  or
     6  carrier shall comply with paragraph one of this subdivision.
     7    (3) Each claim for payment of prescribed medicine or reimbursement for
     8  payment  of  prescribed  medicine that is processed in violation of this
     9  section shall constitute a separate violation. In addition to the  other
    10  penalties  provided  in this chapter, any employer or carrier that fails
    11  to reimburse the claimant or pay the pharmacy,  as  appropriate  and  as
    12  required  in  this  section shall be obligated to pay to the claimant or
    13  pharmacy the amount prescribed on the fee schedule adopted under section
    14  thirteen-o of this  article,  or  if  the  prescribed  medicine  is  not
    15  included  on  the  current fee schedule, the usual and customary charges
    16  for the prescribed medicine plus simple interest at the rate  set  forth
    17  in section five thousand four of the civil practice law and rules.
    18    (4)  Nothing  in this subdivision shall prohibit employers or carriers
    19  from agreeing to or arranging for direct billing by the pharmacy to  the
    20  employer  or  carrier  for the cost of prescribed medicine, in order for
    21  claimants to more promptly receive prescribed medicine for which employ-
    22  ers and carriers are liable under this section.
    23    (5) Notwithstanding any other provision of this chapter, if an employ-
    24  er or carrier has contracted with a pharmacy to provide prescribed medi-
    25  cine to claimants, then such employer or carrier may  require  claimants
    26  to  obtain  all prescribed medicines from the pharmacy with which it has
    27  contracted, except if a medical emergency occurs and  it  would  not  be
    28  reasonably  possible  to obtain immediately required prescribed medicine
    29  from the pharmacy with which the employer or carrier has a contract.  An
    30  employer  or  carrier that requires claimants to obtain prescribed medi-
    31  cines from a pharmacy with which it has a contract, must  notify  claim-
    32  ants  of  the  pharmacy  or pharmacies with which it has a contract, the
    33  locations and addresses of the pharmacy or  pharmacies,  if  applicable,
    34  how  to initially fill and refill prescriptions through the mail, inter-
    35  net, telephone or other means, and any other required  information  that
    36  must be supplied to the pharmacy or pharmacies. If the pharmacy or phar-
    37  macies  with which the employer or carrier contracts does not offer mail
    38  order service and does not have a physical location within a  reasonable
    39  distance from the claimant, the claimant may obtain prescribed medicines
    40  at  the  pharmacy or pharmacies of his or her choice and the employer or
    41  carrier will be liable for such charges in accordance with the fee sche-
    42  dule prescribed in section thirteen-o of this chapter.
    43    § 5. Subdivision 5 of section 13-a of the workers’  compensation  law,
    44  as  added  by  chapter  21  of  the  laws of 1991, is amended to read as
    45  follows:
    46    (5)  No  claim  for  specialist  consultations,  surgical  operations,
    47  physiotherapeutic or occupational therapy procedures, x-ray examinations
    48  or  special diagnostic laboratory tests costing more than [five hundred]
    49  one thousand dollars shall be valid and  enforceable,  as  against  such
    50  employer, unless such special services shall have been authorized by the
    51  employer  or  by the board, or unless such authorization has been unrea-
    52  sonably withheld, or withheld for a period of more than thirty  calendar
    53  days from receipt of a request for authorization, or unless such special
    54  services are required in an emergency, provided, however, that the basis
    55  for  a  denial  of such authorization by the employer must be based on a
        S. 6461                             5                            A. 9561

     1  conflicting second opinion rendered by a  physician  authorized  by  the
     2  [workers’ compensation] board.
     3    §  6.  Section  13-a  of  the  workers’ compensation law is amended by
     4  adding a new subdivision 7 to read as follows:
     5    (7)(a) Notwithstanding any other provision  of  this  chapter  to  the
     6  contrary,  any  insurance carrier authorized to transact the business of
     7  workers’ compensation insurance in this state, self-insurer or the state
     8  insurance fund may contract with a  network  or  networks,  legally  and
     9  properly  organized,  to  perform  diagnostic tests, x-ray examinations,
    10  magnetic resonance imaging, or other radiological examinations or  tests
    11  of claimants and may require claimant to obtain or undergo such diagnos-
    12  tic test, x-ray examinations, magnetic resonance imaging or other radio-
    13  logical  examinations  or tests with a provider or at a facility that is
    14  affiliated  with  the  network  or  networks  with  which  the   carrier
    15  contracts,  except  if a medical emergency occurs requiring an immediate
    16  diagnostic test, x-ray examination, magnetic resonance imaging or  other
    17  radiological examination or test or if the network with which the insur-
    18  ance  carrier,  self-insurer  or the state insurance fund contracts does
    19  not have a provider or facility able to perform the examination or  test
    20  within  a  reasonable distance from the claimant's residence or place of
    21  employment.
    22    (b) Any insurance carrier, self-insurer or the  state  insurance  fund
    23  which  requires  claimants  to obtain or undergo diagnostic tests, x-ray
    24  examinations, magnetic resonance imaging or other radiological  examina-
    25  tions  or  tests  with  a  provider  or  at a facility affiliated with a
    26  network or networks with which it contracts, must notify the claimant of
    27  the name and contact information for the network or networks at the same
    28  time the written statement of  the  claimant's  rights  as  required  by
    29  subdivision two of section one hundred ten of this chapter or immediate-
    30  ly  after  imposing such requirement if the time period within which the
    31  written statement of the claimant's rights as  required  by  subdivision
    32  two of section one hundred ten of this chapter has expired.
    33    (c)  At  the  time  a request for authorization for special diagnostic
    34  tests, x-ray examinations, magnetic resonance imaging or other radiolog-
    35  ical examinations or tests costing more than  one  thousand  dollars  as
    36  required  by subdivision five of this section is approved, the insurance
    37  carrier, self-insurer or state insurance fund, or if  so  delegated  the
    38  network  with  which the insurance carrier, self-insurer or state insur-
    39  ance fund has contracted, shall notify the physician requesting authori-
    40  zation of the requirement  that  the  claimant  obtain  or  undergo  the
    41  special  diagnostic  test, x-ray examination, magnetic resonance imaging
    42  or other radiological examination or test with a provider or at a facil-
    43  ity  affiliated  with  the  network  or  networks  with  which  it   has
    44  contracted,  the  contact  information for the network and a list of the
    45  providers and facilities within the claimant's geographic location.  The
    46  claimant,  in  consultation  with the provider who requested the special
    47  diagnostic test, x-ray examination, magnetic resonance imaging or  other
    48  radiological  test or exam, will determine the provider or facility from
    49  within the network which will perform such diagnostic test, x-ray  exam-
    50  ination, magnetic resonance imaging or other radiological examination or
    51  test.
    52    (d)  The  results  of  the special diagnostic test, x-ray examination,
    53  magnetic resonance imaging or other radiological test or  exam  must  be
    54  sent  to  the  physician who requested the test or exam immediately upon
    55  completion of the report detailing the results.
        S. 6461                             6                            A. 9561

     1    § 7. Subdivision 2 of section 13-d of the workers’  compensation  law,
     2  as  amended  by  chapter  473 of the laws of 2000, is amended to read as
     3  follows:
     4    2.  The  chair  shall remove from the list of physicians authorized to
     5  render medical care  under  this  chapter,  or  to  conduct  independent
     6  medical  examinations  in  accordance  with paragraph (b) of subdivision
     7  four of section thirteen-a of this article, the name  of  any  physician
     8  who  he or she shall find after reasonable investigation is disqualified
     9  because such physician:
    10    (a) has been guilty of professional or other misconduct or incompeten-
    11  cy in connection with rendering medical services [rendered] under  [this
    12  chapter] the law; or
    13    (b)  has  exceeded the limits of his or her professional competence in
    14  rendering medical care or in conducting independent medical examinations
    15  under [this chapter] the law, or has made  materially  false  statements
    16  regarding  his  or  her qualifications in his or her application for the
    17  recommendation of the medical society or board as  provided  in  section
    18  thirteen-b of this article; or
    19    (c)  has  failed  to  transmit copies of medical reports to claimant's
    20  attorney or licensed representative as provided in  subdivision  (f)  of
    21  section  thirteen  of  this  article;  or  has failed to submit full and
    22  truthful medical reports of all his or her findings to the employer, and
    23  directly to the chair or the board within the time  limits  provided  in
    24  subdivision  four  of section thirteen-a of this article with the excep-
    25  tion of injuries which do not require (1) more than ordinary  first  aid
    26  or  more  than  two  treatments by a physician or person rendering first
    27  aid, or (2) loss of time from regular duties of one day beyond the work-
    28  ing day or shift; or
    29    (d) knowingly made a false statement or representation as to a materi-
    30  al fact in any medical report made pursuant to this chapter or in testi-
    31  fying or otherwise providing information for the purposes of this  chap-
    32  ter; or
    33    (e)  has  solicited, or has employed another to solicit for himself or
    34  herself or for another, professional treatment, examination or  care  of
    35  an injured employee in connection with any claim under this chapter; or
    36    (f)  has  refused to appear before, to testify, to submit to a deposi-
    37  tion, or to answer upon request of, the chair,  board,  medical  appeals
    38  unit or any duly authorized officer of the state, any legal question, or
    39  to  produce  any  relevant  book  or paper concerning his or her conduct
    40  under any authorization granted to him or her under this chapter; or
    41    (g) has directly or indirectly requested, received or participated  in
    42  the division, transference, assignment, rebating, splitting or refunding
    43  of a fee for, or has directly or indirectly requested, received or prof-
    44  ited  by  means of a credit or other valuable consideration as a commis-
    45  sion, discount or gratuity in connection with the furnishing of  medical
    46  or  surgical  care,  an  independent  medical  examination, diagnosis or
    47  treatment or service, including X-ray examination and treatment, or  for
    48  or in connection with the sale, rental, supplying or furnishing of clin-
    49  ical  laboratory  services  or  supplies,  X-ray  laboratory services or
    50  supplies, inhalation therapy service or  equipment,  ambulance  service,
    51  hospital or medical supplies, physiotherapy or other therapeutic service
    52  or  equipment,  artificial  limbs, teeth or eyes, orthopedic or surgical
    53  appliances or  supplies,  optical  appliances,  supplies  or  equipment,
    54  devices  for  aid  of hearing, drugs, medication or medical supplies, or
    55  any other goods, services or supplies prescribed for medical  diagnosis,
    56  care  or  treatment, under this chapter; except that reasonable payment,
        S. 6461                             7                            A. 9561

     1  not exceeding the technical component fee permitted in the  medical  fee
     2  schedule, established under this chapter for X-ray examinations, diagno-
     3  sis or treatment, may be made by a physician duly authorized as a roent-
     4  genologist  to any hospital furnishing facilities and equipment for such
     5  examination, diagnosis or treatment, provided  such  hospital  does  not
     6  also  submit  a  charge for the same services. Nothing contained in this
     7  paragraph shall prohibit such physicians who practice  as  partners,  in
     8  groups or as a professional corporation or as a university faculty prac-
     9  tice  corporation  from  pooling fees and moneys received, either by the
    10  partnership,  professional  corporation,  university  faculty   practice
    11  corporation or group by the individual members thereof, for professional
    12  services furnished by any individual professional member, or employee of
    13  such  partnership,  corporation  or  group,  nor shall the professionals
    14  constituting the partnerships, corporations,  or  groups  be  prohibited
    15  from  sharing,  dividing or apportioning the fees and moneys received by
    16  them or by the partnership, corporation or group in  accordance  with  a
    17  partnership or other agreement.
    18    §  8.  Section  13-d  of  the  workers’ compensation law is amended by
    19  adding a new subdivision 5 to read as follows:
    20    5. Whenever the department of health shall  conduct  an  investigation
    21  with  respect to charges of professional or other misconduct by a physi-
    22  cian which results in a report,  determination  or  consent  order  that
    23  includes  a  finding of professional or other misconduct or incompetency
    24  by such physician, the chair shall have  full  power  and  authority  to
    25  temporarily  suspend,  revoke or otherwise limit the authorization under
    26  this chapter of any physician upon such finding  by  the  department  of
    27  health  that  the  physician  has  been  guilty of professional or other
    28  misconduct. The recommendations of the department  of  health  shall  be
    29  advisory  to  the chair only and shall not be binding or conclusive upon
    30  the chair.
    31    § 9. Subdivision 1 of section 13-j of the workers’  compensation  law,
    32  as  amended  by  chapter  113 of the laws of 1946, is amended to read as
    33  follows:
    34    (1) An insurance carrier shall not participate  in  the  treatment  of
    35  injured  [workmen]  workers,  except  as  provided  in paragraph five of
    36  subdivision (i) of section thirteen  of  this  article  and  subdivision
    37  seven  of  section  thirteen-a  of  this article and except, that it may
    38  employ medical inspectors to examine  compensation  cases  periodically,
    39  while under treatment, and report upon the adequacy of medical care, and
    40  other  matters  relative  to  the medical conduct of the case, a copy of
    41  which report shall be filed directly with the  [chairman]  chair  within
    42  ten  days,  and  that it may maintain rehabilitation bureaus operated by
    43  qualified physicians if authorized by the [chairman] chair in accordance
    44  with section thirteen-c of this [chapter] article.
    45    § 10. The workers’ compensation law is amended by adding a new section
    46  13-o to read as follows:
    47    § 13-o. Pharmaceutical fee schedule. The chair shall adopt  a  pharma-
    48  ceutical  fee  schedule which shall establish maximum allowable fees for
    49  prescription medicines provided pursuant to this chapter.  The  schedule
    50  shall include a single dispensing fee. Nothing in the fee schedule shall
    51  preclude  mail  order  supply  of scheduled medicines, provided that the
    52  fees for such mail ordered medicines do not exceed the costs provided by
    53  such fee schedule. Any pharmacy providing prescription  medicines  shall
    54  provide  the  generic drug equivalent, if a generic equivalent is avail-
    55  able, unless the prescribing physician specifically  provides  otherwise
    56  by  prescription.  The  fee  schedule may be modified on each succeeding
        S. 6461                             8                            A. 9561

     1  April first, provided, however, that usual and  customary  fees  may  be
     2  charged  for drugs that are not included in a then-current fee schedule,
     3  but are approved for use by the chair.
     4    §  11.  The  opening  paragraph  and  paragraph  w of subdivision 3 of
     5  section 15 of the workers’ compensation law, paragraph w  as  relettered
     6  by chapter 286 of the laws of 1970, are amended to read as follows:
     7    In  case  of  disability partial in character but permanent in quality
     8  the compensation shall be sixty-six and two-thirds  per  centum  of  the
     9  average  weekly  wages  and shall be paid to the employee for the period
    10  named in this subdivision[, as follows:]. Compensation awarded  pursuant
    11  to  paragraphs a through s and paragraph u of this subdivision that does
    12  not relate to actual lost time from employment shall be payable at  one-
    13  half  the maximum weekly benefit rate applicable to the claim subject to
    14  the minimum  compensation  due  pursuant  to  subdivision  six  of  this
    15  section.
    16    w.  Other  cases.  In  all  other  cases  [in this class] of permanent
    17  partial disability, the compensation shall be sixty-six  and  two-thirds
    18  [per centum] percent of the difference between [his] the injured employ-
    19  ee's average weekly wages and his or her wage-earning capacity thereaft-
    20  er in the same employment or otherwise[,]. Compensation under this para-
    21  graph  shall be payable during the continuance of such permanent partial
    22  disability, [but subject  to  reconsideration  of  the  degree  of  such
    23  impairment  by  the  board  on its own motion or upon application of any
    24  party in interest] however, all compensation payable  under  this  para-
    25  graph  combined  with all compensation otherwise payable both under this
    26  subdivision and under subdivisions two and five of  this  section  shall
    27  not  exceed  (i)  five hundred weeks in cases in which the loss of wage-
    28  earning capacity is greater than ninety percent; (ii) four hundred fifty
    29  weeks in cases in which the loss of  wage-earning  capacity  is  greater
    30  than eighty percent but not more than ninety percent; (iii) four hundred
    31  weeks  in  cases  in  which the loss of wage-earning capacity is greater
    32  than seventy percent but  not  more  than  eighty  percent;  (iv)  three
    33  hundred  seventy-five  weeks  in cases in which the loss of wage-earning
    34  capacity is greater  than  sixty  percent  but  not  more  than  seventy
    35  percent;  (v)  three  hundred  fifty weeks in cases in which the loss of
    36  wage-earning capacity is greater than fifty percent but  not  more  than
    37  sixty  percent;  (vi)  three hundred twenty-five weeks in cases in which
    38  the loss of wage-earning capacity is greater than forty percent but  not
    39  more than fifty percent; (vii) three hundred weeks in cases in which the
    40  loss  of  wage-earning  capacity  is greater than thirty percent but not
    41  more than forty percent; (viii) two hundred seventy-five weeks in  cases
    42  in  which  the  loss  of  wage-earning  capacity  is greater than twenty
    43  percent but not more than thirty percent; (ix) two hundred  sixty  weeks
    44  in  cases in which the loss of wage-earning capacity is greater than ten
    45  percent but not more than twenty percent and (x) two hundred fifty weeks
    46  in cases in which the loss of wage-earning capacity is  ten  percent  or
    47  less.
    48    §  12. Subdivision 5-a of section 15 of the workers’ compensation law,
    49  as amended by chapter 113 of the laws of 1946, is  amended  to  read  as
    50  follows:
    51    5-a. Determination of wage earning capacity. The wage earning capacity
    52  of  an  injured  employee in cases of partial disability shall be deter-
    53  mined by his or her actual earnings, provided, however, that  if  he  or
    54  she has no such actual earnings the board may in the interest of justice
    55  fix  such  wage  earning  capacity  as  shall be reasonable, [but not in
    56  excess of seventy-five per centum of his former full time  actual  earn-
        S. 6461                             9                            A. 9561

     1  ings,]  having  due regard to the nature of his or her injury and his or
     2  her physical impairment.  A determination of wage earning  capacity  may
     3  be  reconsidered  by the board on its own motion or upon the application
     4  of any party in interest.
     5    §  13.  Paragraph  (a)  of subdivision 6 of section 15 of the workers’
     6  compensation law, as amended by chapter 924 of  the  laws  of  1990,  is
     7  amended to read as follows:
     8    (a) Compensation for permanent or temporary total disability due to an
     9  accident  or  disablement  resulting  from  an occupational disease that
    10  occurs, (1) on or after January first, nineteen  hundred  seventy-eight,
    11  shall  not  exceed one hundred twenty-five dollars per week, that occurs
    12  (2) on or after July first, nineteen hundred  seventy-eight,  shall  not
    13  exceed  one hundred eighty dollars per week, that occurs (3) on or after
    14  January first, nineteen  hundred  seventy-nine,  shall  not  exceed  two
    15  hundred  fifteen  dollars  per  week,  that  occurs (4) on or after July
    16  first, nineteen hundred  eighty-three,  shall  not  exceed  two  hundred
    17  fifty-five  dollars  per  week,  that occurs (5) on or after July first,
    18  nineteen hundred eighty-four, shall not exceed two hundred  seventy-five
    19  dollars  per  week,  that  occurs  (6)  on or after July first, nineteen
    20  hundred eighty-five, shall not exceed three hundred  dollars  per  week,
    21  that  occurs  (7) on or after July first, nineteen hundred ninety, shall
    22  not exceed three hundred forty dollars per week;  and  in  the  case  of
    23  temporary  total  disability  shall  not be less than thirty dollars per
    24  week and in the case of permanent total disability  shall  not  be  less
    25  than  twenty dollars per week except that if the employee's wages at the
    26  time of injury are less than thirty or twenty dollars per  week  respec-
    27  tively,  he  or  she shall receive his or her full weekly wages. Compen-
    28  sation for permanent or temporary partial disability due to an  accident
    29  or disablement resulting from an occupational disease that occurs (1) on
    30  or after January first, nineteen hundred seventy-eight, shall not exceed
    31  one  hundred  five  dollars  per  week, that occurs (2) on or after July
    32  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
    33  ty-five dollars per week, that occurs (3) on or after July first,  nine-
    34  teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
    35  dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
    36  hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
    37  week, that occurs (5) on or after July first, nineteen  hundred  ninety,
    38  shall  not  exceed two hundred eighty dollars per week; nor be less than
    39  twenty dollars per week; except that if the employee's wages at the time
    40  of injury are less than twenty dollars per week, he or she shall receive
    41  his or her full weekly  wages.  In  no  event  shall  compensation  when
    42  combined  with  decreased earnings or earning capacity exceed the amount
    43  of wages which the  employee  was  receiving  at  the  time  the  injury
    44  occurred. Compensation for permanent or temporary partial disability, or
    45  for  permanent or temporary total disability due to an accident or disa-
    46  blement resulting from an occupational disease that  occurs  (1)  on  or
    47  after  July  first, nineteen hundred ninety-one and prior to July first,
    48  nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
    49  dollars  per  week; (2) on or after July first, nineteen hundred ninety-
    50  two, shall not exceed four hundred dollars per week; nor  be  less  than
    51  forty  dollars  per week except that if the employee's wages at the time
    52  of injury are less than forty  dollars  per  week,  the  employee  shall
    53  receive  his  or her full wages. Compensation for permanent or temporary
    54  partial disability, or for permanent or temporary total  disability  due
    55  to  an  accident  or  disablement resulting from an occupational disease
    56  that occurs (1) on or after January first, two thousand  six  shall  not
        S. 6461                            10                            A. 9561

     1  exceed  four hundred twenty-five dollars per week, (2) on or after Janu-
     2  ary first, two thousand  seven  shall  not  exceed  four  hundred  fifty
     3  dollars  per  week,  (3)  on  or after January first, two thousand eight
     4  shall  not  exceed four hundred seventy-five dollars per week, (4) on or
     5  after January first, two thousand nine shall  not  exceed  five  hundred
     6  dollars  per  week.  In  no  event shall compensation when combined with
     7  decreased earnings or earning capacity exceed the amount  of  wages  the
     8  employee was receiving at the time the injury occurred.
     9    §  14.  Paragraph  (f)  of subdivision 8 of section 15 of the workers’
    10  compensation law, as amended by chapter 635 of  the  laws  of  1996,  is
    11  amended to read as follows:
    12    (f) Any award under this subdivision shall be made against the employ-
    13  er  or  his  or her insurance carrier, but if such employer or insurance
    14  carrier be entitled to reimbursement as provided  in  this  subdivision,
    15  notice  or  claim of the right to such reimbursement shall be filed with
    16  the board in writing prior to the final determination that the resulting
    17  disability is permanent, but in no case more than one hundred four weeks
    18  after the date of disability or death or fifty-two weeks after the  date
    19  that  a  claim  for  compensation  is filed with the chair, whichever is
    20  later, or in the event of the reopening of a case theretofore closed, no
    21  later than the determination of permanency upon  such  reopening.    The
    22  board, in its discretion, may withhold any reimbursements due under this
    23  subdivision  if the self-insured employer or the insurance carrier shall
    24  not have paid any assessment pursuant to this subdivision, section twen-
    25  ty-five-a of this article or section one hundred fifty-one of this chap-
    26  ter which is past due.
    27    The employer or his or  her  insurance  carrier  shall  in  the  first
    28  instance make the payments of compensation and medical expenses provided
    29  by  this subdivision.   There shall be no reimbursement from the special
    30  disability fund created by this subdivision for any benefit paid that is
    31  submitted to the representative of such  fund  appointed  by  the  chair
    32  pursuant  to  this section more than one year after the expense has been
    33  paid or one year after a determination has been made by the  board  that
    34  an employer or an insurance carrier is entitled to reimbursement, which-
    35  ever  is  later.  Whenever  for  any reason payments are not made by the
    36  employer or his or her insurance carrier at any time after the  payments
    37  have been made for the first one hundred four weeks for claims where the
    38  date  of accident or date of disablement occurred prior to August first,
    39  nineteen hundred ninety-four, and two hundred  sixty  weeks  for  claims
    40  where  the  date of accident or date of disablement occurred on or after
    41  August first, nineteen hundred ninety-four, the payments  of  subsequent
    42  compensation and medical expenses shall be made out of the special disa-
    43  bility  fund  by  the commissioner of taxation and finance upon vouchers
    44  approved by the chair of the [workers’ compensation] board. In case  any
    45  payments prior to the expiration of the first one hundred four weeks for
    46  claims  where the date of accident or date of disablement occurred prior
    47  to August first, nineteen hundred ninety-four,  and  two  hundred  sixty
    48  weeks  for  claims  where  the  date  of accident or date of disablement
    49  occurred on or after August first, nineteen hundred ninety-four are  not
    50  made  by  the  employer or his or her insurance carrier by reason of the
    51  insolvency of such carrier, the payments until  the  expiration  of  one
    52  hundred  four  weeks  for  claims  where the date of accident or date of
    53  disablement occurred prior to August  first,  nineteen  hundred  ninety-
    54  four,  and two hundred sixty weeks for claims where the date of accident
    55  or date of disablement occurred  on  or  after  August  first,  nineteen
    56  hundred ninety-four shall be made out of the stock workers’ compensation
        S. 6461                            11                            A. 9561

     1  security  fund created by the provisions of section one hundred seven of
     2  this chapter if the insolvent carrier be a stock company, or out of  the
     3  mutual  workers’ compensation security fund created under the provisions
     4  of section one hundred nine-d of this chapter if the carrier be a mutual
     5  company.  If  any such payments are not made by an employer permitted to
     6  secure the payment of compensation pursuant to the provisions of  subdi-
     7  vision  three  of  section  fifty of this chapter, the payments shall be
     8  made out of the proceeds of the sale of any securities deposited by  the
     9  employer with the chair, upon vouchers approved by the chair, until such
    10  payments  have been made for one hundred four weeks for claims where the
    11  date of accident or date of disablement occurred prior to August  first,
    12  nineteen  hundred  ninety-four,  and  two hundred sixty weeks for claims
    13  where the date of accident or date of disablement occurred on  or  after
    14  August first, nineteen hundred ninety-four, from the date of disability,
    15  after  which  date they shall be made out of the special disability fund
    16  in the manner above provided.
    17    In all cases in which awards have been made and  charged  against  the
    18  special  fund  or injuries have occurred which would require payments to
    19  be made in accordance with the provisions of former subdivision eight of
    20  this section as it existed immediately prior to the time  this  subdivi-
    21  sion, as hereby added, takes effect, the compensation so awarded or that
    22  shall  be  awarded  in  such  cases shall continue to be paid out of the
    23  special disability fund by the commissioner of taxation and finance upon
    24  vouchers approved by the chair of the [workers’ compensation] board,  as
    25  though this subdivision had not been enacted.
    26    §  15.  Paragraph  (h)  of subdivision 8 of section 15 of the workers’
    27  compensation law, as amended by chapter 510 of  the  laws  of  2000,  is
    28  amended to read as follows:
    29    (h)  Special  disability  fund.  The  fund  heretofore  maintained and
    30  provided for by  and  pursuant  to  former  subdivision  eight  of  this
    31  section, is hereby continued and shall retain the liabilities heretofore
    32  charged or chargeable thereto under the provisions of such former subdi-
    33  vision eight of this section as it existed immediately prior to the time
    34  this  subdivision,  as  hereby  added, takes effect, and the liabilities
    35  chargeable thereto under the provisions of former subdivision eight-a of
    36  this section as added by chapter seven hundred forty-nine of the laws of
    37  nineteen hundred forty-four and repealed at the same time this  subdivi-
    38  sion,  as  hereby added, takes effect, and payments therefrom on account
    39  of such liabilities shall continue to be made as  provided  herein.  The
    40  said  fund  shall  be  known as the special disability fund and shall be
    41  available only for the purposes stated  in  this  subdivision,  and  the
    42  assets  thereof shall not at any time be appropriated or diverted to any
    43  other use or purpose. The chair of the board shall, as soon as practica-
    44  ble after April first, nineteen  hundred  forty-five,  assess  upon  and
    45  collect  from each insurance carrier, including the state insurance fund
    46  and any county, city, town, village or other political subdivision fail-
    47  ing to secure compensation pursuant to subdivision one or two of section
    48  fifty of this chapter, a sum equal  to  one  per  centum  of  the  total
    49  compensation  paid by such carrier in the year ending March thirty-first
    50  next preceding the date of such assessment. As soon as practicable after
    51  May first in the year nineteen hundred fifty-eight, and annually  there-
    52  after  as  soon  as  practicable  after January first in each succeeding
    53  year, the chair of the board shall assess  upon  and  collect  from  all
    54  self-insurers,  the  state insurance fund, and all insurance carriers, a
    55  sum equal to [one hundred fifty] one hundred fifteen per centum  of  the
    56  total  disbursements  made  from  the special disability fund during the
        S. 6461                            12                            A. 9561

     1  preceding calendar year, less the amount of the net assets in such  fund
     2  as  of  December  thirty-first of said preceding calendar year. Such sum
     3  shall be allocated to (i) self-insurers and  the  state  insurance  fund
     4  based  upon  the proportion that the total compensation payments made by
     5  all self-insurers and the state insurance fund bore to the total compen-
     6  sation payments made by all self-insurers, the state insurance fund  and
     7  all  insurance  carriers  and  (ii)  insurance  carriers  based upon the
     8  proportion that the total compensation payments made  by  all  insurance
     9  carriers  bore  to the total compensation payments by all self-insurers,
    10  the state insurance fund and all insurance carriers  during  the  fiscal
    11  year  which  ended  within said preceding calendar year.  The portion of
    12  such sum allocated to self-insurers and the state  insurance  fund  that
    13  shall  be  collected from each self-insurer and the state insurance fund
    14  shall be a sum equal to the proportion of the  amount  which  the  total
    15  compensation  payments  of each such self-insurer or the state insurance
    16  fund bore to the total compensation payments made by  all  self-insurers
    17  and  the  state insurance fund during the fiscal year which ended within
    18  said preceding calendar year. The  portion  of  such  sum  allocated  to
    19  insurance  carriers  that shall be collected from each insurance carrier
    20  shall be a sum equal to that proportion of the amount  which  the  total
    21  premiums  written by each such insurance carrier bore to the total writ-
    22  ten premiums reported by all insurance carriers during the  fiscal  year
    23  which  ended  within  said  preceding calendar year. For the purposes of
    24  this paragraph, "direct premiums written" means gross premiums,  includ-
    25  ing  policy  and  membership  fees, less return premiums and premiums on
    26  [polices] policies not taken. An employer who has ceased to be  a  self-
    27  insurer  shall  continue to be liable for any assessments into said fund
    28  on account of any compensation payments made by him or her on his or her
    29  account during such fiscal year, and the security  fund,  created  under
    30  the  provisions  of section one hundred seven of this chapter, shall, in
    31  the event of the insolvency of any insurance company, be liable for  any
    32  assessments  that  would  have been made against such company except for
    33  its insolvency. No assessment shall be payable from the aggregate  trust
    34  fund, created under the provisions of section twenty-seven of this arti-
    35  cle, but such fund shall continue to be liable for all compensation that
    36  shall  be  payable  under  any award or order of the board, the commuted
    37  value of which has been paid into such  fund.    Such  assessments  when
    38  collected  shall  be  deposited  with  the  commissioner of taxation and
    39  finance for the benefit of such fund. Such assessments shall not consti-
    40  tute an element of loss for the purpose of establishing rates for  work-
    41  ers’  compensation  insurance but shall for the purpose of collection be
    42  treated as separate costs by carriers. All insurance  carriers  and  the
    43  state  insurance fund, shall collect such assessments from their policy-
    44  holders through a surcharge based on premium in  accordance  with  rules
    45  set  forth  by  the  New  York  compensation  insurance rating board, as
    46  approved by the superintendent of insurance.  Such  surcharge  shall  be
    47  considered  as part of premium for purposes prescribed by law including,
    48  but not limited to, computing premium tax, reporting to the  superinten-
    49  dent  of  insurance  pursuant to section ninety-nine of this chapter and
    50  section three hundred seven of the insurance law, determining the  limi-
    51  tation  of  expenditures  for  the administration of the state insurance
    52  fund pursuant to section eighty-eight of this chapter and the  cancella-
    53  tion  by  an insurance carrier, including the state insurance fund, of a
    54  policy for non-payment of premium.  The  provisions  of  this  paragraph
    55  shall not apply with respect to policies containing coverage pursuant to
    56  subsection  (j)  of  section  three  thousand four hundred twenty of the
        S. 6461                            13                            A. 9561

     1  insurance law relating to every policy providing comprehensive  personal
     2  liability  insurance  on a one, two, three or four family owner-occupied
     3  dwelling. The state insurance fund shall,  on  or  before  April  first,
     4  nineteen  hundred ninety-four, notify its insureds that such assessments
     5  shall be, for the purpose of recoupment, treated as separate  costs  for
     6  the  purpose  of  premiums  billed  on and after October first, nineteen
     7  hundred ninety-four.
     8    For the purposes of this paragraph, except as otherwise provided,  the
     9  term  "insurance  carrier" shall include only stock corporations, mutual
    10  corporations and reciprocal insurers authorized to transact the business
    11  of workers’ compensation insurance in this state and the term  "self-in-
    12  surer" shall include any employer or group of employers permitted to pay
    13  compensation directly under the provisions of subdivision three, three-a
    14  or four of section fifty of this chapter.
    15    The  commissioner  of  taxation  and  finance  is hereby authorized to
    16  receive and credit to such special disability fund any sum or sums  that
    17  may  at  any  time  be  contributed to the state by the United States of
    18  America under any act of congress, or otherwise, to which the state  may
    19  be or become entitled by reason of any payments made out of such fund.
    20    The  commissioner  of  taxation  and finance shall be the custodian of
    21  said fund and shall invest any surplus  or  reserve  moneys  thereof  in
    22  securities  which  constitute  legal investments for savings banks under
    23  the laws of this state and in interest bearing certificates  of  deposit
    24  of a bank or trust company located and authorized to do business in this
    25  state or of a national bank located in this state secured by a pledge of
    26  direct  obligations  of the United States or of the state of New York in
    27  an amount equal to the amount of such certificates of deposit,  and  may
    28  sell any of the securities or certificates of deposit in which such fund
    29  is  invested  if  necessary for the proper administration or in the best
    30  interest of such fund. Disbursements from such fund as provided by  this
    31  subdivision  shall  be  made by the commissioner of taxation and finance
    32  upon vouchers signed by the chair of the board.
    33    The commissioner of taxation and finance, as custodian of  such  fund,
    34  annually  as  soon  as practicable after January first, shall furnish to
    35  the chair of the board a  statement  of  the  fund,  setting  forth  the
    36  balance  of  moneys in the said fund as of the beginning of the calendar
    37  year, the income of the fund, the summary of payments out of the fund on
    38  account of reimbursements and other charges ordered to be  paid  by  the
    39  board,  and  all  other  charges against the fund, and setting forth the
    40  balance of the fund remaining to its credit  on  December  thirty-first.
    41  Such  statement  shall be open to public inspection in the office of the
    42  secretary of the board.
    43    § 16. Subdivision 8 of section 15 of the workers’ compensation law  is
    44  amended by adding a new paragraph (m) to read as follows:
    45    (m) Any insurance carrier, as defined in subdivision twelve of section
    46  two of this chapter, filing an application for a claim for reimbursement
    47  from  the special disability fund continued pursuant to paragraph (h) of
    48  this subdivision shall be assessed a filing fee  of  two  hundred  fifty
    49  dollars  for  each  such  application. The filing fee shall be deposited
    50  into the special disability fund.  Notwithstanding any  other  provision
    51  of paragraph (h) of this subdivision to the contrary the commissioner of
    52  taxation and finance, as custodian of the special disability fund, shall
    53  remit  two  hundred  dollars  of the filing fee to the insurance carrier
    54  filing an application for a claim of reimbursement where the application
    55  is accepted for reimbursement from such fund.
        S. 6461                            14                            A. 9561

     1    § 17. Subdivision 5 of section 16 of the workers’ compensation law, as
     2  amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
     3  follows:
     4    5.  Any    excess  of  wages over six hundred thirty-seven dollars and
     5  fifty cents per week shall  not  be  taken  into  account  in  computing
     6  compensation  under  this  section in cases where the death occurs on or
     7  after January first, two thousand six, nor shall  any  excess  of  wages
     8  over  six hundred seventy-five dollars per week be taken into account in
     9  computing compensation pursuant to this section  in  cases  where  death
    10  occurs  on  or  after  January  first, two thousand seven, nor shall any
    11  excess of wages over seven hundred twelve dollars and  fifty  cents  per
    12  week  be  taken  into account in computing compensation pursuant to this
    13  section in cases where death occurs on or after January first, two thou-
    14  sand eight, nor shall any excess  of  wages  over  seven  hundred  fifty
    15  dollars  per week be taken into account in computing compensation pursu-
    16  ant to this section in cases where death  occurs  on  or  after  January
    17  first,  two  thousand  nine,  nor  shall  any  excess of wages over five
    18  hundred ten dollars and five cents per week [shall not]  be  taken  into
    19  account  in computing compensation under this section in cases where the
    20  death occurs on or after July first, nineteen hundred ninety, nor  shall
    21  any  excess  of  wages over five hundred twenty-five dollars per week be
    22  taken into account in computing compensation pursuant to this section in
    23  cases where death occurs on or after July first, nineteen hundred  nine-
    24  ty-one,  nor shall any excess of wages over six hundred dollars per week
    25  be taken into account in computing compensation pursuant to this section
    26  in cases where death occurs on or after  July  first,  nineteen  hundred
    27  ninety-two;  nor shall any excess of wages over three hundred eighty-two
    28  dollars and fifty cents per week be  taken  into  account  in  computing
    29  compensation  under  this  section in cases where the death occurs on or
    30  after July first, nineteen hundred eighty-three, nor shall any excess of
    31  wages over four hundred twelve dollars and fifty cents per week be taken
    32  into account in computing compensation under this section in cases where
    33  the death occurs on or after July first, nineteen  hundred  eighty-four,
    34  nor  shall  any excess of wages over four hundred fifty dollars per week
    35  be taken into account in computing compensation under  this  section  in
    36  cases  where  the  death occurs on or after July first, nineteen hundred
    37  eighty-five; nor shall any excess of wages over one hundred eighty-seven
    38  dollars and fifty cents per week on or  after  January  first,  nineteen
    39  hundred seventy-eight or over two hundred seventy dollars per week on or
    40  after  July  first, nineteen hundred seventy-eight or over three hundred
    41  twenty-two dollars and fifty cents per week on or after  January  first,
    42  nineteen hundred seventy-nine, and prior to July first, nineteen hundred
    43  eighty-three, be taken into account in computing compensation under this
    44  section  nor  shall  any  excess of wages over six hundred and seventeen
    45  dollars and fifty cents a month  be  taken  into  account  in  computing
    46  compensation  under this section in cases where the death occurred on or
    47  after July first, nineteen hundred seventy-four, and  prior  to  January
    48  first,  nineteen  hundred  seventy-eight,  nor shall any excess of wages
    49  over five hundred and twenty dollars a month be taken  into  account  in
    50  computing  compensation  in  cases where death occurred on or after July
    51  first, nineteen hundred  seventy  and  prior  to  July  first,  nineteen
    52  hundred  seventy-four,  nor  shall any excess of wages over four hundred
    53  and fifty-five dollars a  month  be  taken  into  account  in  computing
    54  compensation in cases where death occurred on or after July first, nine-
    55  teen  hundred  sixty-eight  and  prior  to  July first, nineteen hundred
    56  seventy, nor shall any excess of wages over  three  hundred  and  ninety
        S. 6461                            15                            A. 9561

     1  dollars a month be taken into account in computing compensation in cases
     2  where death occurred on or after July first, nineteen hundred sixty-five
     3  and  prior  to  July  first, nineteen hundred sixty-eight, nor shall any
     4  excess  of  wages  over  three hundred and fifty-seven dollars and fifty
     5  cents a month be taken into account in computing compensation  in  cases
     6  where  death occurred on or after July first, nineteen hundred sixty-two
     7  and prior to July first, nineteen  hundred  sixty-five,  nor  shall  any
     8  excess  of  wages  over three hundred and twenty-five dollars a month be
     9  taken into account  in  computing  compensation  in  cases  where  death
    10  occurred  on  or  after  July first, nineteen hundred sixty and prior to
    11  July first, nineteen hundred sixty-two, nor shall any  excess  of  wages
    12  over two hundred and ninety-two dollars and fifty cents a month be taken
    13  into  account in computing compensation where death occurred on or after
    14  July first, nineteen hundred fifty-eight and prior to July first,  nine-
    15  teen  hundred  sixty, nor shall any excess of wages over two hundred and
    16  sixty dollars a month be taken into account  in  computing  compensation
    17  where death occurred on or after July first, nineteen hundred fifty-four
    18  and  prior  to  July  first, nineteen hundred fifty-eight, nor shall any
    19  excess of wages over two hundred  and  twenty-seven  dollars  and  fifty
    20  cents  a  month  be  taken  into account in computing compensation where
    21  death occurred on or after July first, nineteen hundred forty-eight  and
    22  prior  to  July first, nineteen hundred fifty-four, nor shall any excess
    23  of wages over one hundred and eighty-two dollars a month be  taken  into
    24  account  in  computing compensation where the death occurred on or after
    25  June first, nineteen hundred forty-six and prior to July first, nineteen
    26  hundred forty-eight.  When death occurred on or after July first,  nine-
    27  teen  hundred  forty-eight  and prior to January first, nineteen hundred
    28  seventy-eight, computing compensation to the widow or widower and  chil-
    29  dren of a deceased employee in no event shall wages be deemed to be less
    30  than one hundred and thirty dollars a month. All questions of dependency
    31  shall  be determined as of the time of the accident. When death occurred
    32  on or after January first, nineteen hundred seventy-eight, in  no  event
    33  shall  wages  be  deemed  to  be  less than forty-five dollars a week in
    34  computing compensation to the widow or widower and/or  children  of  the
    35  deceased employee.
    36    § 18. Subdivision 1 of section 20 of the workers’ compensation law, as
    37  amended  by  chapter  635  of  the  laws  of 1996, is amended to read as
    38  follows:
    39    1.  At any time after the expiration of the first seven days of  disa-
    40  bility  on  the  part  of  an injured employee, or at any time after the
    41  employee's death, a claim for  compensation  may  be  presented  to  the
    42  employer  or to the chair. The board shall have full power and authority
    43  to determine  all  questions  in  relation  to  the  payment  of  claims
    44  presented  to  it for compensation under the provisions of this chapter.
    45  The chair or board shall make or cause to be made such investigation  as
    46  it  deems necessary, and [upon application of either party,] if there is
    47  an issue to be resolved and it cannot be  resolved  by  conciliation  or
    48  motion calendar in accordance with paragraph (b) of subdivision two-b of
    49  section  twenty-five  of  this  article,  shall  order  a  hearing[, and
    50  within]. Within  thirty days after a claim for compensation is submitted
    51  under this section, such claim is transferred to conciliation or  motion
    52  calendar,  or such hearing closed, the chair or board shall make or deny
    53  an award, determining such claim for compensation, and file the same  in
    54  the  office  of the chair. Immediately after such filing the chair shall
    55  send to the parties a copy of the decision.  Upon a hearing pursuant  to
    56  this  section  either  party  may present evidence and be represented by
        S. 6461                            16                            A. 9561

     1  counsel.  The decision of the board shall be final as to  all  questions
     2  of  fact,  and, except as provided in section twenty-three of this arti-
     3  cle, as to all questions of law.  Except as provided in section  twenty-
     4  seven  of this article, all awards of the board shall draw simple inter-
     5  est from thirty days after the making thereof at the  rate  provided  in
     6  section five thousand four of the civil practice law and rules.  Whenev-
     7  er  a hearing or proceeding for the determination of a claim for compen-
     8  sation is begun before a referee, pursuant to  the  provisions  of  this
     9  chapter,  such  hearing  or  proceeding or any adjourned hearing thereon
    10  shall continue before the  same  referee  until  a  final  determination
    11  awarding  or  denying  compensation, except in the absence, inability or
    12  disqualification to act of such referee, or for  other  good  cause,  in
    13  which  event  such hearing or proceeding may be continued before another
    14  referee by order of the chair or board.
    15    § 19. Section 20 of the workers’ compensation law is amended by adding
    16  a new subdivision 4 to read as follows:
    17    4. Notwithstanding any other law to the contrary, any person  entitled
    18  to  receive  compensation under this chapter shall provide the board and
    19  any insurance carrier or self-insured who otherwise may  be  liable  for
    20  such  compensation, upon request, his or her current residence and mail-
    21  ing address. Any such claimant shall notify the board and the  insurance
    22  carrier  or  self-insured  liable  for  paying  such compensation of any
    23  change in his or her residence address within thirty days.
    24    § 20. Subdivisions 1, 2 and 3 of section 21-a of the workers’  compen-
    25  sation  law, as added by chapter 635 of the laws of 1996, are amended to
    26  read as follows:
    27    1.  Notwithstanding any other provision of this chapter to the contra-
    28  ry, in any instance in which an employer is unsure of the extent of  its
    29  liability  for  a claim for compensation by an injured employee pursuant
    30  to this chapter, such employer may initiate  compensation  payments  and
    31  payments  for  prescribed  medicine  and  continue such payments for one
    32  year, without prejudice and without admitting liability,  in  accordance
    33  with a notice of temporary payment of compensation, on a form prescribed
    34  by the board.
    35    2.  The  notice  of  temporary  payment  of compensation authorized by
    36  subdivision one of this  section  shall  be  delivered  to  the  injured
    37  employee  and  the board.  Such notice shall notify the injured employee
    38  that the temporary payment of compensation and prescribed medicine shall
    39  not be deemed to be an admission of liability by the  employer  for  the
    40  injury or injuries to the employee.  The board, upon receipt of a notice
    41  of temporary payment of compensation, shall send a notice to the injured
    42  employee stating that:
    43    (a)    the board has received a notice of temporary payment of compen-
    44  sation relating to such injured employee;
    45    (b) the payment of temporary compensation and prescribed medicine  and
    46  the  injured  employee's  acceptance  of such temporary compensation and
    47  prescribed medicine shall not  be  an  admission  of  liability  by  the
    48  employer, nor prejudice the claim of the injured employee;
    49    (c)  the  payment  of  temporary compensation  and prescribed medicine
    50  shall terminate on the elapse of: one year, or the employer's contesting
    51  of the injured employee's claim for compensation, or the board  determi-
    52  nation of the injured [employees’] employee's claim, whichever is first;
    53  and
    54    (d)  the  injured  employee may be required to enter into an agreement
    55  with the employer to ensure the continuation of  payments  of  temporary
    56  compensation and prescribed medicine.
        S. 6461                            17                            A. 9561

     1    3. An employer may cease making temporary payments of compensation and
     2  prescribed medicine if such employer delivers within five days after the
     3  last  payment, to the injured employee and the board, a notice of termi-
     4  nation of temporary payments of compensation on a form prescribed by the
     5  board.   Such notice shall inform the injured employee that the employer
     6  is ceasing temporary payment of compensation  and  prescribed  medicine.
     7  Upon  the cessation of temporary payments of compensation and prescribed
     8  medicine, all parties to any  action  pursuant  to  this  chapter  shall
     9  retain  all  rights,  defenses and obligations they would otherwise have
    10  pursuant to this chapter without regard for  the  temporary  payment  of
    11  compensation and prescribed medicine.
    12    § 21. Section 23 of the workers’ compensation law, as amended by chap-
    13  ter 635 of the laws of 1996, is amended to read as follows:
    14    §  23.  Appeals.  An award or decision of the board shall be final and
    15  conclusive upon all questions within its jurisdiction,  as  against  the
    16  state fund or between the parties, unless reversed or modified on appeal
    17  therefrom  as  hereinafter  provided.   Any party may within thirty days
    18  after notice of the filing of an award or decision of  a  referee,  file
    19  with  the  board an application in writing for a modification or rescis-
    20  sion or review of such award or decision, as provided in  this  chapter.
    21  The board shall render its decision upon such application in writing and
    22  shall include in such decision a statement of the facts which formed the
    23  basis  of its action on the issues raised before it on such application.
    24  Within thirty days after notice of the decision of the board  upon  such
    25  application  has  been  served  upon  the parties, or within thirty days
    26  after notice of an administrative redetermination review decision by the
    27  chair pursuant to subdivision five of section fifty-two of this  chapter
    28  has been served upon any party in interest, an appeal may be taken ther-
    29  efrom  to the appellate division of the supreme court, third department,
    30  by any party in interest, including an employer  insured  in  the  state
    31  fund;  provided, however, that if the decision or determination was that
    32  of a panel of the board and there was a dissent from  such  decision  or
    33  determination  other  than a dissent the sole basis of which is to refer
    34  the case to an impartial specialist, any party in  interest  may  within
    35  thirty  days  after  notice  of the filing of the board panel's decision
    36  with the secretary of the board, make application in writing for  review
    37  thereof  by  the full board, and the full board shall review and affirm,
    38  modify or rescind such decision or determination in the same  manner  as
    39  herein  above  provided  for an award or decision of a referee; provided
    40  further that if the decision or determination was that  of  a  unanimous
    41  panel  of  the board, any party in interest may within thirty days after
    42  notice of the filing of the board panel's decision with the secretary of
    43  the board, make application in writing for review thereof  by  the  full
    44  board, and the full board may in its discretion review and affirm, modi-
    45  fy  or rescind such decision in the same manner as herein above provided
    46  for an award or decision of a referee. Such an application  for  discre-
    47  tionary  review  by  the  full board of a unanimous board panel decision
    48  shall not toll the time period within which to file  an  appeal  to  the
    49  court  as above provided. A party requesting either mandatory or discre-
    50  tionary review by the full board shall  submit  an  application  raising
    51  arguments  relative to the alleged deficiencies of the board panel deci-
    52  sion.  Failure to apply for [such] review by the full  board  shall  not
    53  bar any party in interest from taking an appeal directly to the court as
    54  above  provided.  The  board may also, in its discretion certify to such
    55  appellate division of the supreme court, questions of  law  involved  in
    56  its  decision. Such appeals and the question so certified shall be heard
        S. 6461                            18                            A. 9561

     1  in a summary manner and shall have precedence over all other civil cases
     2  in such court. The board shall be deemed a party to  every  such  appeal
     3  from its decision upon such application, and the chair shall be deemed a
     4  party to every such appeal from an administrative redetermination review
     5  decision pursuant to subdivision five of section fifty-two of this chap-
     6  ter. The attorney general shall represent the board and the chair there-
     7  on.  An  appeal  may  also  be taken to the court of appeals in the same
     8  manner and subject to the same limitations not inconsistent herewith  as
     9  is  now  provided  in  the civil practice law and rules. It shall not be
    10  necessary to file exceptions to the rulings of the board. An application
    11  for discretionary review by the full board of a  unanimous  board  panel
    12  decision,  or  an appeal to the appellate division of the supreme court,
    13  third department, or to the court of appeals, shall  not  operate  as  a
    14  stay  of  the payment of compensation required by the terms of the award
    15  or of the payment of the [doctors’ bills] cost of such medical,  dental,
    16  surgical,  optometric or other attendance, treatment, devices, apparatus
    17  or other necessary items the employer is required to provide pursuant to
    18  section thirteen of this article which are found to be fair and  reason-
    19  able.  Where such award is modified or rescinded upon appeal, the appel-
    20  lant  shall  be  entitled to reimbursement in a sum equal to the compen-
    21  sation in dispute paid to the respondent in addition to a sum  equal  to
    22  the  [amount of the doctors’ bills] cost of such medical, dental, surgi-
    23  cal, optometric or other attendance, treatment,  devices,  apparatus  or
    24  other  necessary  items  the employer is required to provide pursuant to
    25  section thirteen of this article paid by the appellant  pending  adjudi-
    26  cation  of  the appeal.   Such reimbursement shall be paid from adminis-
    27  tration expenses as provided in section one hundred  fifty-one  of  this
    28  chapter upon audit and warrant of the comptroller upon vouchers approved
    29  by  the  chair. Where such award is subject to the provisions of section
    30  twenty-seven of this article, the appellant shall pay  directly  to  the
    31  claimant  all  compensation as it becomes due during the pendency of the
    32  appeal, and upon  affirmance  shall  be  entitled  to  credit  for  such
    33  payments.  Neither  the chair, the board, the commissioners of the state
    34  insurance fund nor the claimant shall be required to file a bond upon an
    35  appeal to the court of appeals.   Upon final determination  of  such  an
    36  appeal,  the board or chair, as the case may be, shall enter an order in
    37  accordance therewith. Whenever a notice of appeal is served or an appli-
    38  cation made to the board by the employer  or  insurance  carrier  for  a
    39  modification  or  rescission  or review of an award or decision, and the
    40  board shall find that such notice of appeal was served or such  applica-
    41  tion  was  made  for the purpose of delay or upon frivolous grounds, the
    42  board shall impose a penalty in the amount of [two hundred  fifty]  five
    43  hundred  dollars  upon  the employer or insurance carrier, which penalty
    44  shall be added to the compensation and paid to the claimant. Whenever  a
    45  notice  of  appeal  is served or an application made to the board by the
    46  claimant's attorney or licensed representative  for  a  modification  or
    47  recision  or  review  of  an award or decision, and the board shall find
    48  that such notice of appeal was served or such application was  made  for
    49  the purpose of delay or upon frivolous grounds, the board shall impose a
    50  penalty in the amount of five hundred dollars upon the claimant's attor-
    51  ney  or  licensed representative, which shall be payable to the adminis-
    52  trative expense fund pursuant to section one hundred fifty-one  of  this
    53  chapter. The penalties provided herein shall be collected in like manner
    54  as  compensation. A party against whom an award of compensation shall be
    55  made may appeal from a part of such award. In such a case the payment of
    56  such part of the award as is not appealed from shall not  prejudice  any
        S. 6461                            19                            A. 9561

     1  rights  of  such  party  on appeal, nor be taken as an admission against
     2  such party. Any appeal by an employer from an administrative  redetermi-
     3  nation review decision pursuant to subdivision five of section fifty-two
     4  of  this  chapter shall in no way serve to relieve the employer from the
     5  obligation to timely pay compensation and benefits otherwise payable  in
     6  accordance with the provisions of this chapter.
     7    Nothing  herein contained shall be construed to inhibit the continuing
     8  jurisdiction of the board as provided in  section  one  hundred  twenty-
     9  three of this chapter.
    10    §  22.  Paragraph (a) of subdivision 2-a of section 25 of the workers’
    11  compensation law, as amended by chapter 635 of  the  laws  of  1996,  is
    12  amended to read as follows:
    13    (a) In any controverted case, upon receipt of the notice of controver-
    14  sy,  the  board shall schedule a pre-hearing conference before a referee
    15  or conciliator as soon as practicable but not to exceed  [sixty]  forty-
    16  five  days  after  receipt of notice of controversy and a medical report
    17  referencing an injury.  The board shall give notice of  the  pre-hearing
    18  conference to all parties. A party may appear at such conference pro se,
    19  or  by  an  attorney  or licensed representative or other representative
    20  authorized by the board to appear on behalf of such party.
    21    § 23. Paragraph (b) of subdivision 2-b of section 25 of  the  workers’
    22  compensation  law,  as  amended  by  chapter 635 of the laws of 1996, is
    23  amended to read as follows:
    24    (b) Each claim that is filed shall be reviewed for  possible  transfer
    25  for  conciliation.  Claims  [where  the expected duration of benefits is
    26  fifty-two weeks or less] shall be transferred  for  conciliation  within
    27  thirty  days  of  receipt  of  a  carrier's  response to notice of index
    28  required under this section, except uncontested claims where there  have
    29  been  only temporary or minor injuries and where board appearance by the
    30  claimant is unnecessary. Such minor  and  uncontested  claims  shall  be
    31  handled  through  a motion calendar as prescribed by the rules and regu-
    32  lations promulgated pursuant to this section.
    33    § 24. Paragraph (a) of subdivision 2-c of section 25 of  the  workers’
    34  compensation  law,  as  added  by  chapter  491  of the laws of 1995, is
    35  amended to read as follows:
    36    (a) For the purposes of  employments  classified  under  sections  two
    37  hundred twenty, two hundred forty and two hundred forty-one of the labor
    38  law,  employments  listed  under group six of subdivision one of section
    39  three of this chapter and any other manufacturing employments  performed
    40  in  a  factory setting, an employer and a recognized or certified exclu-
    41  sive bargaining representative of its employees may include within their
    42  collective bargaining agreement provisions to establish  an  alternative
    43  dispute resolution system to resolve claims arising under this chapter.
    44    Any  collective  bargaining agreement or agreement entered into by the
    45  employee and an employer which purports to preempt any provision of this
    46  chapter or in any way diminishes or changes rights and benefits provided
    47  under this chapter, except as expressly provided herein, shall be  null,
    48  void and unenforceable.
    49    §  25.  Paragraph  (d)  of subdivision 3 of section 25 of the workers’
    50  compensation law, as amended by chapter 635 of  the  laws  of  1996,  is
    51  amended to read as follows:
    52    (d)  If,  in  any  case, the issues have not been resolved within [two
    53  years] one year after such issues have been raised before the board,  or
    54  if multiple claims arise from the same accident or occurrence, or if all
    55  parties  agree to an expedited hearing, or if a notice of controversy is
    56  filed, or if the chair otherwise deems it necessary, the chair may order
        S. 6461                            20                            A. 9561

     1  that the case be transferred to a special part for  expedited  hearings.
     2  Proceedings in such part shall be conducted in an expedited manner.
     3    §  26.  Section  26  of  the  workers’ compensation law, as separately
     4  amended by chapters 106 and 135 of the laws of 1969, is amended to  read
     5  as follows:
     6    §  26.  Enforcement  of  payment in default. In case of default by the
     7  employer in the payment of any compensation due under an award  for  the
     8  period  of  thirty days after payment is due and payable, or in the case
     9  of failure by the employer to make full payment of an award for  medical
    10  care  issued by the board or the chair pursuant to section thirteen-g of
    11  this article or in case of failure or refusal by the employer to deposit
    12  with the [chairman] chair within ten days after demand the  commuted  or
    13  estimated  value  of  the  compensation  payable  under an award made in
    14  accordance with the provisions of section fourteen-a of  this  [chapter]
    15  article  as  security  for prompt and convenient payment of such compen-
    16  sation periodically as it accrues, or where the employer has  failed  to
    17  secure  the  payment  of  compensation  to  his employees as required by
    18  section fifty [hereof] of this chapter and  there  is  such  default  in
    19  payment  for  a period of ten days after same is due or there is default
    20  or refusal of such employer to deposit with the [chairman] chair  within
    21  ten  days  after  demand the commuted or estimated value of compensation
    22  not presently payable, as security for prompt and convenient payment  of
    23  such  compensation  periodically  as  it  accrues in accordance with the
    24  provisions of section twenty-five of this [chapter] article, or in  case
    25  of failure by an employer, within twenty days after it is due, to pay an
    26  assessment  imposed by the [chairman] chair pursuant to subdivision five
    27  of section fifty-two of this chapter, the [chairman] chair in  any  such
    28  case  or  on  the [chairman's] chair's consent any party to an award may
    29  file with the county clerk for the county in which the  injury  occurred
    30  or  the  county  in which the employer has his or her principal place of
    31  business, (1) a certified copy of the decision of the [workmen's]  work-
    32  ers’  compensation board awarding compensation or ending, diminishing or
    33  increasing compensation previously awarded, from  which  no  appeal  has
    34  been  taken  within  the time allowed therefor, or if an appeal has been
    35  taken by an employer who has not complied with the provisions of section
    36  fifty [hereof] of this chapter, where  he  fails  to  deposit  with  the
    37  [chairman]  chair  the  amount  of the award as security for its payment
    38  within ten days after the same is due and payable, or  (2)  a  certified
    39  copy  of  the demand for deposit of security, or (3) a certified copy of
    40  the [chairman's] chair's order imposing, and the demand for payment  of,
    41  such  assessment,  or (4) a certified copy of the award for medical care
    42  issued pursuant to section thirteen-g of  this  article,  and  thereupon
    43  judgment must be entered in the supreme court by the clerk of such coun-
    44  ty  in conformity therewith immediately upon such filing. If the payment
    45  in default be an instalment, the board may declare the entire award  due
    46  and  judgment  may  be entered in accordance with the provisions of this
    47  section. Such judgment shall be entered in the  same  manner,  have  the
    48  same effect and be subject to the same proceedings as though rendered in
    49  a  suit  duly  heard and determined by the supreme court, except that no
    50  appeal may be taken therefrom. The court shall  vacate  or  modify  such
    51  judgment  to  conform  to  any later award or decision of the board upon
    52  presentation of a certified copy of such award or  decision.  The  award
    53  may be so compromised by the board as in the discretion of the board may
    54  best  serve  the interest of the persons entitled to receive the compen-
    55  sation or benefits. Where an award has been made against the employer in
    56  accordance with the provisions of subdivision nine of section  fifteen[,
        S. 6461                            21                            A. 9561

     1  subdivision  nine],  or  of section twenty-five-a, or of section twenty-
     2  six-a of this article, such an award may be similarly compromised by the
     3  board, upon notice to a representative of the fund to which the award is
     4  payable,  but  if  there  be  no representative of any such fund, notice
     5  shall be given to such  representative  as  may  be  designated  by  the
     6  [chairman]  chair  of the board; and notwithstanding any other provision
     7  of law, such compromise shall be effective without the necessity of  any
     8  approval  by the state comptroller. Neither the [chairman] chair nor any
     9  party in interest shall be required to pay any fee to any public officer
    10  for filing or recording any paper or instrument or for issuing  a  tran-
    11  script  of  any  judgment  executed  in pursuance of this section.   The
    12  employer shall be liable for all costs and attorney  fees  necessary  to
    13  enforce the award. Whenever the term employer is used in this section it
    14  shall  be  deemed  to include without limitation a contractor liable for
    15  the payment of compensation pursuant to section fifty-six of [the  work-
    16  men's compensation law] this chapter.
    17    §  27.  Paragraph (b) of subdivision 2 of section 26-a of the workers’
    18  compensation law, as amended by chapter 316 of  the  laws  of  1991,  is
    19  amended to read as follows:
    20    (b)  For  the  purpose  of establishing and maintaining this fund, the
    21  board, upon rendering a decision with respect to any claim  for  compen-
    22  sation  under  this chapter that the employer liable therefor has failed
    23  to secure the payment of compensation with respect thereto in accordance
    24  with section fifty of this chapter, shall impose an  assessment  in  the
    25  sum  of  [two  hundred fifty] five thousand dollars against the employer
    26  and direct its payment into the fund in connection with each such  claim
    27  wherein  injury  shall have occurred on or after the first of May, nine-
    28  teen hundred fifty-nine, or in death cases where death as the result  of
    29  injury  shall have occurred on or after said date. [The board shall also
    30  impose an additional assessment of fifteen per centum of  the  award  or
    31  awards  made in each such claim, such additional assessment shall not be
    32  less than one thousand five hundred dollars and shall  not  exceed  five
    33  thousand dollars in any one claim, and shall direct that such additional
    34  assessment also be paid into the fund.]
    35    § 28. Subdivision 4 of section 27 of the workers’ compensation law, as
    36  amended  by  chapter  425  of  the  laws  of 1985, is amended to read as
    37  follows:
    38    4. In the event of a review or appeal of any such award the  value  of
    39  which  has not been paid into the aggregate trust fund, if the amount of
    40  award is modified or changed, the employer or  insurance  carrier  shall
    41  pay  directly  to  the claimant compensation due to the date as of which
    42  the present value of future benefits is payable into such fund,  and  to
    43  the  said fund the present value of future benefits, but if the original
    44  award is affirmed, the employer or insurance carrier shall pay  to  such
    45  fund the present value of the award computed as of the effective date of
    46  the  original award and simple interest on such amount at three and one-
    47  half per centum per annum computed from the date of the  original  award
    48  to the date that payment is made into such fund, plus simple interest at
    49  the  rate  provided  in section five thousand four of the civil practice
    50  law and rules, on past due payments of compensation to the date  of  the
    51  affirmance  of  such award, which past due payment and interest shall be
    52  made directly to the claimant. The foregoing provision  shall  apply  in
    53  the  event  of  such review or appeal regardless of whether the widow or
    54  widower or other parties in interest have died or the widow  or  widower
    55  remarried  subsequent  to  the date as of which the present value of the
    56  original award was computed.  If any award, the present value  of  which
        S. 6461                            22                            A. 9561

     1  has been paid into the aggregate trust fund, is subsequently modified or
     2  changed  by  the  board  for any reason other than because of subsequent
     3  death or remarriage, the amount equal to the present value of the unpaid
     4  death  benefits  or  other  compensation  at  the effective date of such
     5  modification or change shall be  computed  on  the  basis  both  of  the
     6  original  award  and of the modified or changed award. If such amount is
     7  greater on the basis of the original award, the difference shall be paid
     8  by said trust fund to the employer or insurance carrier minus the  cost,
     9  if  any, of the actuarial computation made by or on behalf of the board.
    10  If such amount is greater on the basis of the modified or changed award,
    11  the difference shall be paid to said trust  fund  by  such  employer  or
    12  insurance  carrier  in  addition  to  the cost, if any, of the actuarial
    13  computation made by or on behalf of the board. In the case of  an  acci-
    14  dent,  occurring  on or subsequent to July first, nineteen hundred thir-
    15  ty-nine, where the present value of an  award  for  permanent  total  or
    16  permanent  partial  disability other than award for a definite number of
    17  weeks has been paid into the aggregate trust fund, if an award  is  made
    18  for  death  resulting  from  the injury causing the said disability, the
    19  employer or insurance carrier which paid the present value of said disa-
    20  bility award into such fund shall be entitled to the difference  between
    21  the  amount  paid into such fund and the sum disbursed from such fund to
    22  the injured employee prior to his or her death, plus simple interest  on
    23  such  difference at three and one-half per centum per annum. In the case
    24  of an accident occurring  on  or  subsequent  to  July  first,  nineteen
    25  hundred  thirty-nine,  where the present value of an award for permanent
    26  partial disability for a definite number of weeks has been paid into the
    27  aggregate trust fund, if the injured employee dies prior to the  end  of
    28  such  definite  number of weeks, the employer or insurance carrier which
    29  made the said payment into such fund shall be entitled  to  the  present
    30  value of the unexpended disability benefits not payable to beneficiaries
    31  computed  on the basis of annuities certain with interest at the rate of
    32  three and one-half per centum per annum, minus however the cost, if any,
    33  of the actuarial computation made by or on behalf of the board.  In  the
    34  case  of a claim for the death of an employee resulting from an accident
    35  occurring on or subsequent to January first, two thousand one, the pres-
    36  ent value of an award paid into the aggregate trust fund shall be calcu-
    37  lated based on the assumption that any child  while  under  the  age  of
    38  twenty-three years will be enrolled and attending as a full time student
    39  in  an  accredited educational institution and would thereby be entitled
    40  to benefits for all periods while under the age of  twenty-three  years.
    41  After  all  such  children  reach the age of twenty-three, the aggregate
    42  trust fund shall refund to the carrier which  paid  such  present  value
    43  into  such  fund the portion of such present value representing benefits
    44  for which such children were not actually entitled because they were not
    45  enrolled and attending as a full time student in  an  accredited  educa-
    46  tional  institution plus simple interest on such difference at three and
    47  one-half per centum per annum.
    48    § 29. Subdivision 5 of section 27 of the workers’ compensation law, as
    49  amended by chapter 415 of the laws  of  1983,  is  amended  to  read  as
    50  follows:
    51    5.  All  computations made by the board shall be upon the basis of the
    52  survivorship annuitants table of mortality, the remarriage tables of the
    53  Dutch Royal Insurance Institution and interest at three and one-half per
    54  centum per annum on claims  based  on  accidents  occurring  up  to  and
    55  including  June  thirtieth,  nineteen  hundred thirty-nine, at three per
    56  centum per annum on claims based on accidents occurring from July first,
        S. 6461                            23                            A. 9561

     1  nineteen hundred thirty-nine up to and  including  August  thirty-first,
     2  nineteen  hundred  eighty-three,  [and]  at  six per centum per annum on
     3  claims based on  accidents  occurring  from  September  first,  nineteen
     4  hundred  eighty-three  up  to  and  including December thirty-first, two
     5  thousand and at three and one-half per centum per annum on claims  based
     6  on accidents occurring thereafter, except (a) that computations of pres-
     7  ent  values  of  death  benefits  required to be paid into the aggregate
     8  trust fund by an insurance carrier which is a  stock  corporation  or  a
     9  mutual  association  shall  be based, in the case of a dependent parent,
    10  grandparent, blind or physically disabled child  or  spouse,  upon  said
    11  table  of  mortality  disregarding  possible change in or termination of
    12  dependency, with interest at three and one-half per centum per annum  on
    13  claims  based on accidents occurring up to and including June thirtieth,
    14  nineteen hundred thirty-nine, at three per centum per  annum  on  claims
    15  based  on  accidents occurring from July first, nineteen hundred thirty-
    16  nine up to and including August thirty-first, nineteen  hundred  eighty-
    17  three,  [and]  at  six per centum per annum on claims based on accidents
    18  occurring from September first, nineteen hundred eighty-three up to  and
    19  including  December thirty-first, two thousand and at three and one-half
    20  per centum per annum on claims based on accidents  occurring  thereafter
    21  and  (b)  that computations of present values of permanent partial disa-
    22  bility benefits awarded for a definite number of weeks shall be  on  the
    23  basis  of  annuities  certain  with  interest  at three and one-half per
    24  centum per annum on claims  based  on  accidents  occurring  up  to  and
    25  including  June  thirtieth,  nineteen  hundred thirty-nine, at three per
    26  centum per annum on claims based on accidents occurring from July first,
    27  nineteen hundred thirty-nine up to and  including  August  thirty-first,
    28  nineteen  hundred  eighty-three  [and],  at  six per centum per annum on
    29  claims based on  accidents  occurring  from  September  first,  nineteen
    30  hundred  eighty-three  up  to  and  including December thirty-first, two
    31  thousand and at three and one-half per centum per annum on claims  based
    32  on accidents occurring thereafter.
    33    §  30.  The  closing  paragraph  of subdivision 7 of section 27 of the
    34  workers’ compensation law, as amended by chapter 62 of the laws of 1989,
    35  is amended to read as follows:
    36    Such additional payments shall be required until the  surplus  of  the
    37  fund  equals  or  exceeds  one  per centum of the total outstanding loss
    38  reserves as shown by three successive annual reports of the fund to  the
    39  superintendent  of  insurance  and  such  additional  payment  shall  be
    40  required as a payment upon each award based  on  an  accident  occurring
    41  prior  to  July  first next succeeding the third such annual report, but
    42  not as a payment upon any award based on an  accident  occurring  on  or
    43  after  said  July first; provided, however, that if and when the surplus
    44  of the fund as shown by any annual report thereafter shall be less  than
    45  one  per  centum  of the total outstanding loss reserves, then the addi-
    46  tional payments as provided in paragraphs (a), (b), (c) and (d) of  this
    47  subdivision  shall  be resumed and shall be payable upon any award based
    48  on an accident occurring on or after  July  first  next  succeeding  the
    49  close of the year for which such annual report is made.  Thereafter, the
    50  suspension  or  resumption  of  additional  payments as required by this
    51  subdivision shall be governed by the  foregoing  provisions.  Such  loss
    52  reserves  shall  be computed based upon the tables specified in subdivi-
    53  sion five of this section [twenty-seven of this  law]  and  interest  at
    54  [six] three and one-half per centum per annum.
    55    § 31. Section 27 of the workers’ compensation law is amended by adding
    56  a new subdivision 8 to read as follows:
        S. 6461                            24                            A. 9561

     1    8.  In  the  case of a claim concerning which the aggregate trust fund
     2  enters a waiver agreement pursuant to section thirty-two of  this  arti-
     3  cle,  the insurance carrier, as defined in subdivision twelve of section
     4  two of this chapter, which paid the present value of the award for  such
     5  claim  shall  not  be entitled to a refund of any portion of the present
     6  value of such award.
     7    § 32. Section 32 of the workers’ compensation law, as amended by chap-
     8  ter 635 of the laws of 1996, is amended to read as follows:
     9    § 32. Waiver agreements.  No agreement or release except as  otherwise
    10  provided  in  this  chapter  by an employee to waive his or her right to
    11  compensation under this chapter shall be valid.
    12    (a) Whenever a claim has been filed,  the  claimant  or  the  deceased
    13  claimant's  dependents  and  the  employer [or his], its carrier or, the
    14  aggregate trust fund, if the board has directed that the  present  value
    15  of  any  unpaid  compensation be paid into such fund pursuant to section
    16  twenty-seven of this article, may enter into an agreement settling  upon
    17  and  determining the compensation and other benefits due to the claimant
    18  or their dependents.  The agreement shall not bind the  parties  to  it,
    19  unless  it is approved by the board.  Such agreements, when so approved,
    20  notwithstanding any other provisions, shall be final and conclusive upon
    21  the claimant, the [claimants] claimant's dependents, the  employer  [and
    22  the],  its  insurance carrier and the aggregate trust fund. Every insur-
    23  ance carrier as defined in subdivision twelve of  section  two  of  this
    24  chapter  shall  offer  each  claimant  the  opportunity to enter into an
    25  agreement settling upon and determining the compensation and other bene-
    26  fits due, in the case of disability, within two years after the date the
    27  claim was indexed by the board or six months after the claimant is clas-
    28  sified with a permanent disability, whichever is later, and in the  case
    29  of death, within six months after entitlement to benefits is established
    30  for  all  beneficiaries.   The offer made by the insurance carrier shall
    31  clearly state what portion of the  offer  is  (i)  for  compensation  as
    32  defined  in subdivision six of section two of this chapter, if any; (ii)
    33  for medical benefits, including prescription medicine, if any; and (iii)
    34  for the fee of the attorney or licensed representative,  if  any.  If  a
    35  claimant  is  represented by an attorney or licensed representative, the
    36  insurance carrier shall present such offer to such legal representative.
    37  If a claimant is not represented by an attorney or a licensed  represen-
    38  tative,  the  insurance carrier shall, in addition to the offer to enter
    39  into a settlement agreement, provide the claimant with  a  statement  of
    40  his  or  her rights, obligations and potential liability if the offer is
    41  accepted.
    42    (b) The agreement shall be approved by the board in  a  decision  duly
    43  filed and served unless:
    44    (1)  the board finds the proposed agreement unfair, unconscionable, or
    45  improper as a matter of law;
    46    (2)  the  board  finds that the proposed agreement is the result of an
    47  intentional misrepresentation of material fact; or,
    48    (3) within ten days of submitting the agreement one of the  interested
    49  parties requests that the board disapprove the agreement.
    50    (c)  A decision duly filed and served approving an agreement submitted
    51  to the board shall not be subject to review pursuant to section  twenty-
    52  three of this article.  However, a decision duly filed and served disap-
    53  proving  an agreement submitted to the board is subject to review pursu-
    54  ant to section twenty-three of this article.  If the  board  disapproves
    55  of  an  agreement  it  shall  duly  file  and serve a notice of decision
    56  setting aside the proposed agreement.
        S. 6461                            25                            A. 9561

     1    (d) An agreement for compensation and other benefits covered  by  this
     2  chapter  may  be  modified  at  [anytime]   any time by agreement of all
     3  interested parties provided it is approved by the board.
     4    (e)  As part of an agreement settling upon and determining the compen-
     5  sation and other benefits due to the claimant,  the  parties  may  agree
     6  that  all  or  any  part  of  the compensation and other benefits may be
     7  provided through the purchase by the insurance  carrier  as  defined  in
     8  subdivision  twelve  of  section two of this chapter or an agent of such
     9  insurance carrier of  an  annuity  for  the  benefit  of  the  claimant,
    10  provided  the  annuity  is purchased from an insurer authorized to issue
    11  annuity contracts in this state that has a strong or excellent financial
    12  rating as determined by rating agencies deemed accepted  by  the  chair.
    13  Upon  approval  of  the  agreement  by the board and the purchase of the
    14  annuity for the benefit of the claimant, the liability of the  insurance
    15  carrier,  self-insurer  or  state  insurance  fund  for the compensation
    16  and/or other benefits covered by the  annuity  is  extinguished  to  the
    17  extent  the  life  insurance company guaranty corporation of New York as
    18  established by  article  seventy-seven  of  the  insurance  law  assures
    19  payment  of  the  contractual obligations of the insurer that issued the
    20  annuity should the insurer become impaired or insolvent.
    21    § 33. Paragraph (a) of subdivision 1 of section  52  of  the  workers’
    22  compensation  law,  as  amended  by  chapter 924 of the laws of 1990, is
    23  amended to read as follows:
    24    (a) Failure to secure the payment of compensation shall  constitute  a
    25  misdemeanor,  punishable  by  a fine of not less than [five hundred] one
    26  thousand nor more than [two thousand five hundred] five thousand dollars
    27  or imprisonment for not more than one year, or both.
    28    § 34. Paragraph (b) of subdivision 1 of section  52  of  the  workers’
    29  compensation  law,  as  amended  by  chapter 924 of the laws of 1990, is
    30  amended to read as follows:
    31    (b) Where any person has previously been convicted  of  a  failure  to
    32  secure the payment of compensation within the preceding five years, upon
    33  conviction  for  a  second violation such person shall be fined not less
    34  than [one] two thousand nor more than [five]  ten  thousand  dollars  in
    35  addition  to  any  other penalties including fines otherwise provided by
    36  law, and upon conviction for a third or subsequent violation such person
    37  may be fined up to [seven] fifteen thousand [five  hundred]  dollars  in
    38  addition  to  any  other penalties including fines otherwise provided by
    39  law.
    40    § 35. Subdivision 5 of section 52 of the workers’ compensation law, as
    41  amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
    42  follows:
    43    5. The chair, upon finding that an employer has failed for a period of
    44  not  less than ten consecutive days to make the provision for payment of
    45  compensation required by section fifty of this  [chapter]  article,  may
    46  impose  upon such employer, in addition to all other penalties, fines or
    47  assessments provided for in this chapter, a  penalty  of  five  thousand
    48  dollars  and either two hundred fifty dollars for each ten day period of
    49  non-compliance or a sum not in excess of two percent of its payroll  for
    50  the  period of such failure, whichever is the most appropriate as deter-
    51  mined by the chair, which sum shall be paid into the  uninsured  employ-
    52  ers’  fund created under section twenty-six-a of this chapter. Where the
    53  employer is a corporation, the president, secretary and treasurer there-
    54  of shall be liable for the penalty. If the employer shall within  thirty
    55  days  after  notice of the imposition of a penalty by the chair pursuant
    56  to this subdivision make an application in affidavit form for a redeter-
        S. 6461                            26                            A. 9561

     1  mination review of such penalty the [chairman] chair shall make a  deci-
     2  sion in writing on the issues raised on such application.
     3    § 36. Section 52 of the workers’ compensation law is amended by adding
     4  a new subdivision 6 to read as follows:
     5    6. Where the employer is a corporation, the president, vice-president,
     6  secretary,  and  treasurer  shall  jointly  and  severally be personally
     7  liable for any and all obligations due and owing to an insurance  carri-
     8  er, including but not limited to the state insurance fund, or to a group
     9  self-insurance  plan  created pursuant to subdivision three-a of section
    10  fifty of this article, for workers’ compensation and employers’  liabil-
    11  ity coverage.
    12    §  37. Subdivisions 1 and 2 of section 54 of the workers’ compensation
    13  law, subdivision 1 as amended by chapter 605 of the laws  of  1946,  are
    14  amended to read as follows:
    15    1.  Right of recourse to the insurance carrier. Every policy of insur-
    16  ance covering the liability of the employer for  compensation  shall  be
    17  issued  by  [a]  one  or  more  stock [company] companies, [by a] mutual
    18  [corporation] corporations  or  [by  a]  reciprocal  [insurer]  insurers
    19  authorized  to  transact  [workmen's] workers’ compensation insurance in
    20  this state. In the case of a policy with multiple insurers, such  insur-
    21  ers  shall share one hundred percent of the liabilities by subscription,
    22  and one of the insurers shall serve as the lead insurer for  notice  and
    23  cancellation  purposes.  Such a policy shall contain a provision setting
    24  forth the right of the [chairman] chair to enforce in the  name  of  the
    25  people  of  the state of New York for the benefit of the person entitled
    26  to the compensation insured by the policy either by  filing  a  separate
    27  application  or  by making the insurance carrier a party to the original
    28  application, the liability of the insurance carrier in whole or in  part
    29  for the payment of such compensation; provided, however, that payment in
    30  whole  or  in  part  of  such compensation by either the employer or the
    31  insurance carrier shall to the extent thereof be a bar to  the  recovery
    32  against the other of the amount so paid.
    33    2.  Knowledge  and  jurisdiction of the employer extended to cover the
    34  insurance carrier. Every such policy shall contain a provision that,  as
    35  between  the  employee and the insurance carrier, the notice to or know-
    36  ledge of the occurrence of the injury on the part of the employer  shall
    37  be  deemed  notice  or knowledge, as the case may be, on the part of the
    38  insurance carrier, or if more than one insurer, the lead  carrier;  that
    39  jurisdiction  of the employer shall, for the purpose of this chapter, be
    40  jurisdiction of the lead insurance carrier and that [the] such insurance
    41  carrier shall in all things be bound by and subject to the orders, find-
    42  ings, decisions or awards rendered against the employer for the  payment
    43  of compensation under the provisions of this chapter.
    44    § 38. Section 54 of the workers’ compensation law is amended by adding
    45  a new subdivision 9 to read as follows:
    46    9.  Certificate  of  insurance.    A certificate of insurance or other
    47  proof that the payment of benefits has been secured as required by  this
    48  chapter  shall specify whether any corporate officer, partner of a part-
    49  nership or self-employed person is excluded from coverage for benefits.
    50    § 39. Section 54 of the workers’ compensation law is amended by adding
    51  a new subdivision 10 to read as follows:
    52    10. Refusal to issue policy; federal employer  identification  number.
    53  An  insurance carrier, including the state insurance fund, may refuse to
    54  issue a policy for workers’ compensation insurance to any employer  that
    55  fails  to disclose its federal employer identification number as defined
    56  in paragraph three of subdivision (a) of section ten of the tax law  or,
        S. 6461                            27                            A. 9561

     1  if  such  employer is an individual that has not obtained such a number,
     2  such employer's social security number.
     3    § 40. Section 54 of the workers’ compensation law is amended by adding
     4  a new subdivision 11 to read as follows:
     5    11.  Refusal  to  issue  policy;  conviction.    An insurance carrier,
     6  including the state insurance fund, may refuse  to  issue  a  policy  of
     7  insurance  to  any  person  or to any entity owned or controlled, or the
     8  majority interest of which is owned or controlled directly or  indirect-
     9  ly,  by any person that has been convicted of any felony within the last
    10  ten years or any misdemeanor within the last five  years  which  consti-
    11  tuted  a fraudulent insurance act including those provided under article
    12  one hundred seventy-six of the penal law or sections ninety-five,  nine-
    13  ty-six, one hundred fourteen and one hundred thirty-one of this chapter.
    14    For  the  purposes of this subdivision, "person" means any individual,
    15  firm, company,  partnership,  corporation,  limited  liability  company,
    16  joint  venture, joint-stock association, association, trust or any other
    17  legal entity whatsoever.
    18    § 41. Section 54-b of the workers’ compensation  law,  as  amended  by
    19  chapter 113 of the laws of 1946, is amended to read as follows:
    20    § 54-b. Enforcement on failure to pay award or judgment. [In the event
    21  of  the  failure  of a carrier or self-insurer to pay an award after the
    22  expiration of thirty days from the entry thereof, from  which  award  or
    23  decision in connection therewith no appeal has been taken as provided by
    24  law,  the  chairman  may  enforce  the payment of said award against the
    25  carrier or self-insurer by the entry of judgment in accordance with  the
    26  provisions  hereof  and section twenty-six.  Where, however, the carrier
    27  or self-insurer has taken  an  appeal  and  the  award  or  decision  in
    28  connection  therewith has been finally affirmed, as provided by law, and
    29  no rehearing has been ordered by the board herein,  if  such  award  and
    30  accrued  costs  and  interest  are not paid within thirty days after the
    31  entry of a final order by the court of last  resort,  the  chairman  may
    32  enforce, in like manner, payment against such carrier or self-insurer of
    33  all sums of money due thereon.] In case of default by a carrier or self-
    34  insured  employer  in the payment of any compensation due under an award
    35  for the period of thirty days after payment is due and  payable,  or  in
    36  the  case  of failure by a carrier or self-insured employer to make full
    37  payment of an award for medical care issued by the board  or  the  chair
    38  pursuant  to  section  thirteen-g of this chapter, the chair in any such
    39  case or on the chair's consent any party to an award may file  with  the
    40  county  clerk  for the county in which the injury occurred or the county
    41  in which the carrier or self-insured employer has his or  her  principal
    42  place  of business, (1) a certified copy of the decision of the workers’
    43  compensation board  awarding  compensation  or  ending,  diminishing  or
    44  increasing  compensation  previously  awarded,  from which no appeal has
    45  been taken within the time allowed therefor, or if an  appeal  has  been
    46  taken  by  a  carrier or self-insured employer who has not complied with
    47  the provisions of section fifty of this article, where he or  she  fails
    48  to  deposit  with  the chair the amount of the award as security for its
    49  payment within ten days after the same is due  and  payable,  or  (2)  a
    50  certified  copy of the award for medical care issued pursuant to section
    51  thirteen-g of this chapter, and thereupon judgment must  be  entered  in
    52  the  supreme  court  by the clerk of such county in conformity therewith
    53  immediately upon such filing. If the payment in default be  an  install-
    54  ment,  the  board  may  declare the entire award due and judgment may be
    55  entered in accordance with the provisions of this section. Such judgment
    56  shall be entered in the same manner, have the same effect and be subject
        S. 6461                            28                            A. 9561

     1  to the same proceedings as though rendered in  a  suit  duly  heard  and
     2  determined  by  the  supreme  court,  except that no appeal may be taken
     3  therefrom. The court shall vacate or modify such judgment to conform  to
     4  any  later  award or decision of the board upon presentation of a certi-
     5  fied copy of such award or decision. The award may be so compromised  by
     6  the  board as in the discretion of the board may best serve the interest
     7  of the persons entitled to receive the compensation or  benefits.  Where
     8  an  award  has  been  made against a carrier or self-insured employer in
     9  accordance with the provisions of subdivision nine of  section  fifteen,
    10  or  of section twenty-five-a of this chapter, such an award may be simi-
    11  larly compromised by the board, upon notice to a representative  of  the
    12  fund to which the award is payable, but if there be no representative of
    13  any  such  fund,  notice shall be given to such representative as may be
    14  designated by the chair of the  board;  and  notwithstanding  any  other
    15  provision  of law, such compromise shall be effective without the neces-
    16  sity of any approval by the state comptroller. Neither the chair nor any
    17  party in interest shall be required to pay any fee to any public officer
    18  for filing or recording any paper or instrument or for issuing  a  tran-
    19  script of any judgment executed in pursuance of this section. The carri-
    20  er  or self-insured employer shall be liable for all costs and attorneys
    21  fees necessary to enforce the award. For the purposes of  this  section,
    22  the  term "carrier" shall include the state insurance fund and any stock
    23  corporation, mutual corporation  or  reciprocal  insurer  authorized  to
    24  transact the business of workers’ compensation insurance in this state.
    25    § 42. The workers’ compensation law is amended by adding a new section
    26  54-c to read as follows:
    27    §  54-c.  Verification  of  coverage. 1. Every insurance carrier shall
    28  provide verification upon request of the  holder  of  a  certificate  of
    29  insurance  or  other proof that the payment of benefits has been secured
    30  as required by this chapter, by electronic means or  otherwise,  whether
    31  current coverage in fact exists.
    32    2.  The  chair  shall assess a penalty of five hundred dollars against
    33  any insurance carrier upon a finding that  such  insurance  carrier  has
    34  refused  to  provide  a verification of coverage pursuant to subdivision
    35  one of this section.
    36    § 43. Subdivision 1 of section 87 of the workers’ compensation law, as
    37  amended by chapter 473 of the laws  of  2000,  is  amended  to  read  as
    38  follows:
    39    1.  Any  of the surplus or reserve funds belonging to the state insur-
    40  ance fund, by order of the commissioners, approved by the superintendent
    41  of insurance, may be invested in the types of  securities  described  in
    42  subdivisions one, two, three, four, five, six, eleven, twelve, twelve-a,
    43  thirteen, fourteen, fifteen, nineteen, twenty, twenty-one, twenty-one-a,
    44  twenty-four, twenty-four-a, twenty-four-b, twenty-four-c and twenty-five
    45  of  section  two  hundred thirty-five of the banking law or, up to fifty
    46  percent of such surplus or reserve funds, in the types of securities  or
    47  investments  described  in  paragraphs  two,  three,  eight  and  ten of
    48  subsection (a) of section one thousand four hundred four of  the  insur-
    49  ance  law except that up to ten percent of the surplus and reserve funds
    50  belonging to the state insurance fund that may be invested in the  secu-
    51  rities  of  any solvent American institution or of an investment company
    52  as described in such paragraphs may  be  invested  irrespective  of  the
    53  rating  of  such  institution's obligations or other similar qualitative
    54  standards described in paragraphs two, three,  eight  and  ten  of  such
    55  subsection,  but  shall not include any derivative instrument or deriva-
    56  tive transaction or any investment found by the superintendent of insur-
        S. 6461                            29                            A. 9561

     1  ance to be against public policy.  Any of the surplus or  reserve  funds
     2  belonging  to the state insurance fund, upon like approval of the super-
     3  intendent of insurance, may be loaned on the pledge of any such  securi-
     4  ties.  The  commissioners,  upon  like approval of the superintendent of
     5  insurance, may also sell any of such securities or investments.
     6    § 44. Subdivision 2 of section 110 of the workers’  compensation  law,
     7  as  amended  by  chapter  635 of the laws of 1996, is amended to read as
     8  follows:
     9    2.  An employer, or a third party designated by  the  employer,  shall
    10  file  with  the  chair  of  the workers’ compensation board and with the
    11  carrier if the employer is insured, upon a form prescribed by the chair,
    12  a report of any accident resulting in personal injury which  has  caused
    13  or  will  cause a loss of time from regular duties of one day beyond the
    14  working day or shift on  which  the  accident  occurred,  or  which  has
    15  required  or will require medical treatment beyond ordinary first aid or
    16  more than two treatments by a person rendering first aid.   Such  report
    17  shall  state  the  name  and nature of the business of the employer, the
    18  location of its establishment or place of work, the name, current  resi-
    19  dence  and  mailing  address,  social security number, date of birth and
    20  occupation of the injured employee, the time, nature and  cause  of  the
    21  injury and such other information as may be required by the chair.  Such
    22  report shall be transmitted to the insurance carrier via fax or computer
    23  within  three  business days of receipt by the employer of the notice of
    24  such accident and injury and filed with the board via fax,  computer  or
    25  mail  within  [ten]  five  business  days  after [the occurrence of the]
    26  receipt by the employer of the notice of such accident and injury.    An
    27  employer  shall  furnish a report of an occupational disease incurred by
    28  an employee in the course of his or her employment, to the chair of  the
    29  workers’  compensation  board,  and  to  the  carrier if the employer is
    30  insured, upon the same form.   The  carrier,  within  fourteen  days  of
    31  receipt of the report or accompanying the initial check forwarded to the
    32  employee, whichever is earlier, or a self-insured employer, within four-
    33  teen  days  of  transmitting the report to the chair or accompanying the
    34  initial check forwarded to the employee,  whichever  is  earlier,  shall
    35  provide the injured employee or, in the case of death, his or her depen-
    36  dents  with a written statement of their rights under this chapter, in a
    37  form prescribed by the chair.  An employer shall file a  report  of  any
    38  other  accident resulting in personal injury incurred by its employee in
    39  the course of employment, upon the same form, whenever directed  by  the
    40  chair.
    41    §  45.  Section  122  of  the workers’ compensation law, as amended by
    42  chapter 113 of the laws of 1946, is amended to read as follows:
    43    § 122. [Transcripts] Records of proceedings.  A copy of the testimony,
    44  evidence and procedure of any investigation or hearing, or a  particular
    45  part  thereof, [transcribed by a stenographer in the employ of the board
    46  and certified by such stenographer to be true and correct]  prepared  at
    47  the  direction of the board and using the method determined by the board
    48  as appropriate, may be received in evidence  with  the  same  force  and
    49  effect  as if [such stenographer] the person who created the record were
    50  present and testifying to the facts so certified.  A copy of such [tran-
    51  script] record shall be furnished to any party upon payment of  the  fee
    52  for  [transcripts  of] similar [minutes] records in the supreme court to
    53  the board.
    54    § 46. Section 132 of the  workers’  compensation  law  is  amended  by
    55  adding two new subdivisions 4 and 5 to read as follows:
        S. 6461                            30                            A. 9561

     1    4.  Notwithstanding  the  provisions  of  any other law, any insurance
     2  carrier providing compensation under this chapter may require,  no  more
     3  often  than every six months, any claimant to certify in writing, upon a
     4  form prescribed by the chair, that the conditions and  circumstances  by
     5  which  he  or she is qualified to receive compensation have continued to
     6  the date of such certification. The form  shall  include  such  specific
     7  questions  bearing  upon  continued eligibility for compensation, as the
     8  chair deems appropriate.
     9    5. Notwithstanding the provisions of any law,  any  insurance  carrier
    10  billed  for  health  care  services by a provider under this chapter may
    11  require such provider to certify in a form prescribed by the chair, that
    12  such provider rendered the services indicated. The form shall include  a
    13  list  of  each  service,  the  name  of  the claimant to which each such
    14  service was rendered, the date each such service was  rendered  and  the
    15  amount billed for each such service.
    16    § 47. The workers’ compensation law is amended by adding a new section
    17  133-a to read as follows:
    18    § 133-a. Restitution for benefits paid in certain cases. For any claim
    19  which  the  board  determines to be non-compensable under section ten of
    20  this chapter based on the fact that the injury was causally  related  to
    21  the  perpetration  by the employee of a crime for which the employee was
    22  duly convicted, the board shall order restitution by the employee to the
    23  employer or carrier for any benefits paid to such employee.
    24    § 48. Subdivision 3 of section 136 of the workers’  compensation  law,
    25  as  added  by  chapter  635  of  the laws of 1996, is amended to read as
    26  follows:
    27    3. Powers, duties and responsibilities. The  inspector  general  shall
    28  investigate  violations  of  the  laws and regulations pertaining to the
    29  operation of the workers’ compensation  system.  The  inspector  general
    30  shall have the following powers, duties and functions:
    31    (a)  to  conduct  and supervise investigations, within or without this
    32  state, of possible fraud and other violations of laws, rules  and  regu-
    33  lations pertaining to the workers’ compensation system;
    34    (b)  to  subpoena  witnesses,  administer  oaths or affirmations, take
    35  testimony and compel the production of such books, papers,  records  and
    36  documents  as the inspector general may deem to be relevant to an inves-
    37  tigation undertaken pursuant to this section;
    38    (c) [to report to the attorney general, the insurance  frauds  bureau,
    39  or  other  appropriate  law enforcement agency, violations found through
    40  investigations undertaken pursuant to this section and to  provide  such
    41  materials  and  assistance  as  may  be necessary or appropriate for the
    42  successful investigation and prosecution of violations of this  chapter]
    43  to  coordinate  investigations of possible fraud and other violations of
    44  laws, rules and regulations  pertaining  to  the  workers’  compensation
    45  system  with  insurance  frauds  bureau  of the department of insurance,
    46  including the unit for workers’ compensation insurance  frauds  investi-
    47  gations  within  such  insurance  frauds  bureau, and any fraud investi-
    48  gations unit of the state insurance fund,  such  coordination  including
    49  quarterly meetings with representatives from the insurance frauds bureau
    50  of  the department of insurance, including the unit for workers’ compen-
    51  sation insurance frauds investigation of such insurance  frauds  bureau,
    52  and  any  frauds  investigations  unit of the state insurance fund and a
    53  report to the chair detailing the coordination efforts and  the  results
    54  of such efforts;
    55    (d)  to prosecute fraud, any illegal acts or other violations of laws,
    56  rules and regulations pertaining to the workers’ compensation system and
        S. 6461                            31                            A. 9561

     1  this chapter, including,  but  not  limited  to,  appearing  before  and
     2  presenting  such matters to a grand jury, and any and all courts in this
     3  state;
     4    (e) notwithstanding any other provision of law, to appoint and employ,
     5  a  chief  fraud  prosecutor  and one or more deputy fraud prosecutors in
     6  each office maintained by the board and to determine  their  duties  and
     7  fix their compensation within the amounts appropriated therefor and such
     8  chief  fraud  prosecutor and deputy fraud prosecutors shall be employees
     9  in the noncompetitive class not to be designated confidential or  policy
    10  influencing;
    11    (f)  to  make information and evidence relating to fraud, illegal acts
    12  or other violations of laws, rules and  regulations  pertaining  to  the
    13  workers’ compensation system and this chapter which he or she may obtain
    14  in  carrying out his or her duties available to appropriate law enforce-
    15  ment officials and to consult with the attorney general,  the  insurance
    16  frauds  bureau  of  the department of insurance, any fraud investigation
    17  unit of the state insurance fund, local  district  attorneys  and  other
    18  appropriate  law  enforcement  agencies to coordinate investigations and
    19  criminal prosecutions;
    20    [(d)] (g) to submit a written report,  on  an  annual  basis,  to  the
    21  governor and to the chair of the board, listing all activities undertak-
    22  en,  including  all activities taken to comply with paragraphs (c), (d),
    23  (e) and (f) of this subdivision, to the extent such  activities  can  be
    24  disclosed pursuant to subdivision five of this section; and
    25    [(e)]  (h)  to  recommend  legislative  and  regulatory changes to the
    26  governor and to the chair of the board.
    27    § 49. Subdivision 5 of section 136 of the workers’  compensation  law,
    28  as  added  by  chapter  635  of  the laws of 1996, is amended to read as
    29  follows:
    30    5. Disclosure of information. The inspector general shall not publicly
    31  disclose information which is:
    32    (a) a part of an ongoing investigation or prosecution; or
    33    (b) specifically prohibited from disclosure by any other provision  of
    34  law.
    35    The  disclosure  of  information in order to coordinate investigations
    36  with the insurance frauds bureau of the department of insurance, includ-
    37  ing the unit for workers’ compensation insurance  frauds  investigations
    38  within  such insurance frauds bureau, and any frauds investigations unit
    39  of the state insurance fund, to provide the report required by paragraph
    40  (c) of subdivision three of this section or  to  apprise  the  chair  of
    41  ongoing  investigations  shall  not  be considered public disclosure for
    42  purposes of this section.
    43    § 50. The workers’ compensation law is amended by adding a new section
    44  138 to read as follows:
    45    § 138.   Annual performance reports.  The  chair  shall  cause  to  be
    46  prepared  an  annual report on the performance of all carriers, self-in-
    47  sured employers, the state insurance fund, third  party  administrators,
    48  group  administrators,  self insurance trusts and all other entities and
    49  individuals  providing  workers’  compensation  insurance,  coverage  or
    50  services  or  administering  workers’  compensation benefits pursuant to
    51  this chapter. The chair may promulgate rules and  regulations  necessary
    52  to implement this section.
    53    § 51. The workers’ compensation law is amended by adding a new section
    54  139 to read as follows:
    55    §  139.  Medical  criteria;  functional  impairments. The chair of the
    56  board shall appoint and consult with a committee of not less than  three
        S. 6461                            32                            A. 9561

     1  nor  more  than eleven outstanding medical consultants to develop objec-
     2  tive medical criteria to determine functional impairments.  The  commit-
     3  tee  shall  meet  and  confer with representatives of the board and with
     4  representatives  of employers and employees, and shall thereafter report
     5  their findings and recommendations to  the  chair.    The  chair,  after
     6  giving  due  consideration  to  such findings and recommendations, shall
     7  promulgate objective medical criteria  to  evaluate  functional  impair-
     8  ments.  The promulgation of objective medical criteria shall be used for
     9  determining entitlement eligibility  absent  special  circumstances.  As
    10  needed the chair shall appoint and consult with a committee such as that
    11  described  above  to review and update the objective medical criteria to
    12  evaluate functional impairments to ensure such criteria reflects current
    13  medical science.
    14    § 52. The workers’ compensation law is amended by adding a new section
    15  141-a to read as follows:
    16    § 141-a.  Technological integration. The legislature hereby finds  and
    17  declares  that  the  systems  modernization  programs implemented by the
    18  workers’ compensation board have improved its claims processing, ability
    19  to effectively interact with its  constituents  and  have  made  overall
    20  operations  more  efficient.  In recognition of these beneficial results
    21  and in order to encourage greater utilization  of  improved  technology,
    22  the chair is hereby authorized to institute programs designed to encour-
    23  age  all  those  who  interact  with  the  board to do so using the most
    24  advanced technological means available  that  are  consistent  with  the
    25  technological  capabilities  of  the  board.   Such programs may include
    26  incentives to encourage board constituents to implement and use technol-
    27  ogy to communicate and interact with the board.
    28    § 53. Subdivision 2 of section 204 of the workers’  compensation  law,
    29  as  amended  by  chapter  38  of the laws of 1989, is amended to read as
    30  follows:
    31    2. The weekly benefit which  the  disabled  employee  is  entitled  to
    32  receive  for disability commencing (i) on or after July first, two thou-
    33  sand six and prior to July first, two thousand seven shall  be  one-half
    34  of  the employee's weekly wage, but in no case shall such benefit exceed
    35  two hundred twenty-five dollars, (ii) on or after July first, two  thou-
    36  sand seven and prior to July first, two thousand eight shall be one-half
    37  of  the employee's weekly wage, but in no case shall such benefit exceed
    38  two hundred eighty dollars, and (iii) on or after July first, two  thou-
    39  sand  eight  shall  be one-half of the employee's weekly wage, but in no
    40  case shall such benefit exceed three hundred forty dollars; except  that
    41  if  the  employee's average weekly wage is less than twenty dollars, the
    42  benefit shall be such average weekly wage. The weekly benefit which  the
    43  disabled employee is entitled to receive for disability commencing on or
    44  after  May  first, nineteen hundred eighty-nine shall be one-half of the
    45  employee's weekly wage, but in no case shall  such  benefit  exceed  one
    46  hundred  seventy  dollars;  except that if the employee's average weekly
    47  wage is less than twenty dollars, the  benefit  shall  be  such  average
    48  weekly  wage. The weekly benefit which the disabled employee is entitled
    49  to receive for disability commencing on or after  July  first,  nineteen
    50  hundred eighty-four shall be one-half of the employee's weekly wage, but
    51  in  no  case  shall  such benefit exceed one hundred forty-five dollars;
    52  except that if the employee's average weekly wage is  less  than  twenty
    53  dollars, the benefit shall be such average weekly wage. The weekly bene-
    54  fit  which  the  disabled employee is entitled to receive for disability
    55  commencing on or after July first,  nineteen  hundred  eighty-three  and
    56  prior  to  July first, nineteen hundred eighty-four shall be one-half of
        S. 6461                            33                            A. 9561

     1  the employee's average weekly wage, but in no case  shall  such  benefit
     2  exceed  one hundred thirty-five dollars nor be less than twenty dollars;
     3  except that if the employee's average weekly wage is  less  than  twenty
     4  dollars  the benefit shall be such average weekly wage. The weekly bene-
     5  fit which the disabled employee is entitled to  receive  for  disability
     6  commencing  on  or  after July first, nineteen hundred seventy-four, and
     7  prior to July first, nineteen hundred eighty-three, shall be one-half of
     8  the employee's average weekly wage, but in no case  shall  such  benefit
     9  exceed  ninety-five dollars nor be less than twenty dollars; except that
    10  if the employee's average weekly wage is less than twenty  dollars,  the
    11  benefit  shall be such average weekly wage. The weekly benefit which the
    12  disabled employee is entitled to receive for disability commencing on or
    13  after July first, nineteen hundred seventy  and  prior  to  July  first,
    14  nineteen  hundred seventy-four shall be one-half of the employee's aver-
    15  age weekly wage, but in no case shall such benefit  exceed  seventy-five
    16  dollars  nor  be less than twenty dollars; except that if the employee's
    17  average weekly wage is less than twenty dollars  the  benefit  shall  be
    18  such average weekly wage.  For any period of disability less than a full
    19  week,  the  benefits  payable shall be calculated by dividing the weekly
    20  benefit by the number of the employee's normal work days  per  week  and
    21  multiplying the quotient by the number of normal work days in such peri-
    22  od  of  disability.  The  weekly  benefit for a disabled employee who is
    23  concurrently eligible for benefits in the employment of  more  than  one
    24  covered  employer shall, within the maximum and minimum herein provided,
    25  be one-half of the total of the employee's average weekly wages received
    26  from all such covered employers, and shall be allocated in  the  propor-
    27  tion of their respective average weekly wage payments.
    28    §  54. Section 351 of the workers’ compensation law, as added by chap-
    29  ter 635 of the laws of 1996, is amended to read as follows:
    30    § 351. Preferred provider organizations; contracts.   [Any] The  state
    31  insurance  fund, any stock corporation, mutual corporation or reciprocal
    32  insurer authorized to transact the  business  of  workers’  compensation
    33  insurance  in  this  state or self-insurer may contract with a preferred
    34  provider organization to deliver all medical services mandated  by  this
    35  chapter,  provided such contract takes effect on or after January first,
    36  nineteen hundred ninety-seven and the insurer or  the  employer  has  no
    37  financial  interest in the preferred provider organization.  Where there
    38  is a duty  to  collectively  bargain,  an  employer  shall  collectively
    39  bargain  the use and implementation of a preferred provider organization
    40  with the authorized collective bargaining agent of its employees.
    41    § 55. Subdivision 1 of section 354 of the workers’  compensation  law,
    42  as  added  by  chapter  635  of  the laws of 1996, is amended to read as
    43  follows:
    44    1.  Each preferred provider organization shall provide at least [five]
    45  two providers in every medical specialty from  which  the  employee  may
    46  choose  and  at  least [three] two hospitals from which the employee may
    47  choose in the event  that  hospitalization  is  necessary.  The  [chair]
    48  commissioner  of  health  may  waive  such numerical requirements upon a
    49  finding that the geographical  area  in  which  the  preferred  provider
    50  organization is located cannot meet the requirements.
    51    § 56. The workers’ compensation law is amended by adding a new section
    52  356 to read as follows:
    53    §  356.  Pilot program to encourage the voluntary delivery of benefits
    54  without board intervention. 1. The chair of the board  shall  implement,
    55  on a pilot program basis, at such times and locations as the chair deems
    56  appropriate, a program permitting and encouraging the voluntary delivery
        S. 6461                            34                            A. 9561

     1  of  compensation  and  medical  benefits by employers or their represen-
     2  tatives to injured workers, without prior  notification  to,  or  inter-
     3  vention by, the board, in cases which are undisputed by the parties. The
     4  chair shall first implement such pilot program in employments pertaining
     5  to manufacturing as described in group six of subdivision one of section
     6  three  of this chapter and any other manufacturing employments performed
     7  in a factory setting. The chair, in implementing such pilot program  may
     8  choose  to  designate  a specific employer, or geographic location where
     9  the provisions of this section may apply and set time limits for partic-
    10  ipation in the program. The board shall, at all times, be in supervision
    11  of such program but may intervene only to resolve a dispute in the  case
    12  at the request of one or both parties.
    13    2.  For  the purpose of implementing such pilot program, any provision
    14  of this chapter which may impede the procedural implementation  of  such
    15  pilot  program  may be deemed by the chair as inapplicable to such pilot
    16  program, but in no  case  shall  diminish  or  change  any  benefits  or
    17  substantive  right  to  which  an  employee or his or her dependents, or
    18  survivors may be entitled pursuant to the provisions of this chapter.
    19    3. All payment of benefits made pursuant to such pilot  project  shall
    20  be  made  without  prejudice  in accordance with section twenty-one-a of
    21  this chapter.
    22    4. The chair, in consultation with the pilot program advisory  commit-
    23  tee,  is  authorized  to  promulgate rules and regulations to enable the
    24  implementation and supervision of such pilot program which shall include
    25  but not be limited to:
    26    a. requirements for reporting  on  the  payment  of  compensation  and
    27  medical  benefits  by  employers  and/or their representatives to ensure
    28  that the board can supervise the parties’ compliance with provisions  of
    29  this chapter;
    30    b.  penalties,  including  monetary  penalties, for abuse of the pilot
    31  program or violation of the provisions of this chapter while participat-
    32  ing in such pilot program;
    33    c. procedures to  govern  the  voluntary  delivery  of  benefits,  for
    34  obtaining  board intervention on disputes, and for the delivery of legal
    35  notices to claimants required by this chapter; and
    36    d. the extent to which claimants who are unrepresented by an  attorney
    37  or licensed representative shall participate in the pilot program.
    38    5.  The chair shall report to the governor, the temporary president of
    39  the senate, and the speaker of the assembly  on  the  progress  of  such
    40  pilot program no later than September first, two thousand seven.
    41    6.  The  chair  is hereby authorized to issue and promulgate any regu-
    42  lations necessary to carry out the provisions of this section.
    43    § 57. The executive law is amended by adding a new  section  170-b  to
    44  read as follows:
    45    §  170-b.  Sharing of information pertaining to fraud.  1. Any govern-
    46  ment agency and its officers  and  employees  that  has  information  or
    47  evidence  showing  that  a  person  may  have  committed  fraud or other
    48  violation of law and, in good faith, makes such information or  evidence
    49  available to any other government agency having authority to investigate
    50  such  possible  fraud  or other violation of law shall not be subject to
    51  civil liability. No civil cause of action  of  any  nature  shall  arise
    52  against  such government agency or its officers or employees as a result
    53  of providing any such information or evidence.
    54    2. For the purposes of this section, "person"  means  any  individual,
    55  firm,  company,  partnership,  corporation,  limited  liability company,
        S. 6461                            35                            A. 9561

     1  joint venture, joint-stock association, association, trust or any  other
     2  legal entity whatsoever.
     3    3. For the purposes of this section, "government agency" shall include
     4  any  agency,  board,  bureau, commission, department or division of this
     5  state, any other state or the federal government, any political subdivi-
     6  sion of this state, any public authority or public  benefit  corporation
     7  of this state and any federal, state or local law enforcement agency.
     8    §  58.  Section  402  of  the insurance law is amended by adding a new
     9  subsection (d) to read as follows:
    10    (d) The insurance frauds  bureau,  including  the  unit  for  workers’
    11  compensation insurance frauds investigations within the insurance frauds
    12  bureau  shall  coordinate  investigations  of  possible  fraud and other
    13  violations of laws, rules and regulations  pertaining  to  the  workers’
    14  compensation  system  with  the  workers’  compensation  fraud inspector
    15  general and any frauds investigations unit of the state insurance  fund,
    16  such coordination including quarterly meetings with representatives from
    17  the  workers’ compensation fraud inspector general and the frauds inves-
    18  tigations unit of the state insurance fund.
    19    § 59. Section 406 of the insurance law, as amended by chapter  635  of
    20  the laws of 1996, is amended to read as follows:
    21    § 406. Immunity. In the absence of fraud or bad faith, no person shall
    22  be  subject  to  civil  liability,  and  no civil cause of action of any
    23  nature shall arise against such person (i) for any information  relating
    24  to suspected fraudulent insurance transactions furnished to law enforce-
    25  ment  officials, their agents and employees; [and] (ii) for any informa-
    26  tion relating to suspected fraudulent insurance  transactions  furnished
    27  to  other persons subject to the provisions of this chapter; [and] (iii)
    28  for any such information furnished in reports to  the  insurance  frauds
    29  bureau,  its  agents  or employees [or], the workers’ compensation fraud
    30  inspector general, its agents or employees or any frauds  investigations
    31  unit  of the state insurance fund, its agents or employees; and (iv) for
    32  any assistance provided to the insurance frauds bureau,  its  agents  or
    33  employees, the workers’ compensation fraud inspector general, its agents
    34  or  employees  or  any frauds investigations unit of the state insurance
    35  fund, its agents or employees, in connection with its or their  investi-
    36  gations  or  in  connection with investigations conducted jointly by the
    37  insurance frauds bureau, workers’ compensation fraud  inspector  general
    38  or  the frauds investigations unit and another law enforcement agency or
    39  agencies.  Nor shall the superintendent or any agent or employee of  the
    40  insurance  frauds  bureau,  the  workers’  compensation  fraud inspector
    41  general or any agent or employee  of  the  workers’  compensation  fraud
    42  inspector  general or any agent or employee of any frauds investigations
    43  unit of the state insurance fund, in the absence of fraud or bad  faith,
    44  be subject to civil liability and no civil cause of action of any nature
    45  shall  arise  against them by virtue of the publication of any report or
    46  bulletin related to [the] their official activities  [of  the  insurance
    47  frauds  bureau] with regard to the detection, prevention and prosecution
    48  of fraud.  Nothing herein is intended to abrogate or modify in  any  way
    49  any common law privilege of immunity heretofore enjoyed by any person.
    50    §  60.  Section  409  of  the insurance law is amended by adding a new
    51  subsection (h) to read as follows:
    52    (h) Any frauds investigations unit created by the state insurance fund
    53  pursuant to this section or any other provision of law shall  coordinate
    54  investigations of possible fraud and other violations of laws, rules and
    55  regulations  pertaining  to  the  workers’  compensation system with the
    56  workers’ compensation fraud inspector general and the  insurance  frauds
        S. 6461                            36                            A. 9561

     1  bureau,  including  the  unit for workers’ compensation insurance frauds
     2  investigations within such insurance frauds bureau, such coordination to
     3  include  quarterly  meetings  with  representatives  from  the  workers’
     4  compensation  fraud  inspector  general and the insurance frauds bureau,
     5  including the unit for workers’ compensation insurance  frauds  investi-
     6  gations within such insurance frauds bureau.
     7    §  61. Subsection (c) of section 1108 of the insurance law, as amended
     8  by chapter 838 of the laws of 1985, is amended to read as follows:
     9    (c) The  state  insurance  fund  of  this  state,  except  as  to  the
    10  provisions of subsection (d) of section two thousand three hundred thir-
    11  ty-nine,  section  three thousand one hundred ten, subsection (a), para-
    12  graph one of subsection (b),  paragraph  three  of  subsection  (c)  and
    13  subsection (d) of section three thousand two hundred one, sections three
    14  thousand  two  hundred two, three thousand two hundred four, subsections
    15  (a) through (d)  of  section  three  thousand  two  hundred  twenty-one,
    16  section  three  thousand  four hundred fifty, subsections (b) and (c) of
    17  section four thousand two hundred twenty-four, section four thousand two
    18  hundred twenty-six and subsections (a) and (b) and (g)  through  (j)  of
    19  section four thousand two hundred thirty-five of this chapter and except
    20  as otherwise specifically provided by the laws of this state.
    21    §  62. Subsection (b) of section 2305 of the insurance law, as amended
    22  by chapter 113 of the laws of 1995, paragraph 13 as added by chapter  85
    23  of the laws of 2003, is amended to read as follows:
    24    (b) rate filings for:
    25    (1) workers’ compensation insurance;
    26    (2)  motor  vehicle  insurance,  or  surety bonds, required by section
    27  three hundred seventy of the vehicle and traffic law;
    28    (3) joint underwriting;
    29    (4) motor vehicle assigned risk insurance;
    30    (5) insurance issued by the New York Property  Insurance  Underwriting
    31  Association;
    32    (6)  risk  sharing  plans  authorized  by  section  two thousand three
    33  hundred eighteen of this article;
    34    (7) title insurance;
    35    (8) medical malpractice liability insurance;
    36    (9) insurance issued by the Medical Malpractice Insurance Association;
    37    (10) mortgage guaranty insurance;
    38    (11) credit property insurance, as defined  in  section  two  thousand
    39  three hundred forty of this article; and
    40    (12) gap insurance
    41    (13) Private passenger automobile insurance.
    42  shall  be  filed  with the superintendent and shall not become effective
    43  unless either the filing has been approved or  thirty  days,  which  the
    44  superintendent  may with cause extend an additional thirty days and with
    45  further cause extend an additional fifteen days, have  elapsed  and  the
    46  filing  has  not been disapproved as failing to meet the requirements of
    47  this article, including the standard that rates be not otherwise  unrea-
    48  sonable.  After a rate filing becomes effective, the filing and support-
    49  ing information shall be open to  public  inspection.  If  a  filing  is
    50  disapproved, notice of such disapproval order shall be given, specifying
    51  in  what  respects  such  filing  fails to meet the requirements of this
    52  article. The annual rate filing  made  pursuant  to  this  article  with
    53  regard  to  workers’  compensation  insurance affecting the general rate
    54  level shall be subject to at least one public hearing to be convened  by
    55  the  superintendent  at least ninety days prior to the effective date of
    56  new rates.  Such rate filing shall separately  identify  each  insurer's
        S. 6461                            37                            A. 9561

     1  use  of waiver agreements entered into pursuant to section thirty-two of
     2  the workers’ compensation law, and calculate any savings derived  there-
     3  from  based on the estimated value of costs that would have been payable
     4  for  medical  benefits  and compensation payments had the claim not been
     5  settled. In order to calculate the rate  savings  attributable  to  such
     6  waiver agreements, every workers’ compensation insurer shall be required
     7  to establish a program to be approved by the superintendent in which the
     8  insurer  must make a good faith offer to the claimant settling the claim
     9  for workers’ compensation benefits. The superintendent may in his or her
    10  discretion determine not to hold a  public  hearing,  but  only  if  the
    11  requested  rate  change is either a decrease or an increase of less than
    12  two percent. The superintendent shall be required  to  issue  a  written
    13  opinion  on  such rate filing at least sixty days prior to the effective
    14  date of the new rates. The opinion shall include, among  other  subjects
    15  deemed  appropriate  by  the superintendent, a discussion of the profit-
    16  ability of the workers’ compensation  insurance  line,  and  the  profit
    17  factor  being permitted by the department. Upon its request, the depart-
    18  ment shall be provided with support and  assistance  from  the  workers’
    19  compensation  board and other state agencies and departments with appro-
    20  priate jurisdiction.
    21    § 63. Section 2318 of the insurance law is amended to read as follows:
    22    § 2318. Risk sharing plans. Agreements may be made among insurers with
    23  respect to the equitable apportionment among them of insurance which may
    24  be afforded applicants who are in good faith entitled to but are  unable
    25  to  procure  such  insurance through ordinary methods, and such insurers
    26  may agree among themselves on the use of reasonable  rate  modifications
    27  subject  to  the approval of the superintendent[; but this section shall
    28  not apply to workers’ compensation insurance].
    29    § 64. The insurance law is amended by adding a  new  section  3450  to
    30  read as follows:
    31    § 3450. Employers’ liability insurance; limits of liability. The mini-
    32  mum  limits of coverage applicable to any employer's liability insurance
    33  policy, whether or not such policy also insures  the  employer  for  the
    34  payment  of  workers’ compensation benefits, issued for delivery in this
    35  state shall be one hundred thousand dollars because of bodily injury  of
    36  one or more employees arising out of any one accident, one hundred thou-
    37  sand dollars because of bodily injury by disease to any one employee and
    38  five  hundred  thousand  dollars  in  aggregate during any single policy
    39  period for bodily injury by disease to all employees. For the purpose of
    40  this section, bodily injury shall include death  resulting  from  bodily
    41  injury.
    42    No  employer's  liability  policy  may  be issued for delivery in this
    43  state with limits of coverage that are  less  than  the  minimum  limits
    44  provided  in  this  section.  Nothing  in this section shall prohibit an
    45  insurer, including the state insurance fund, from offering coverage, for
    46  an additional premium, under an employer's liability policy with  limits
    47  of coverage that exceed the minimum limits provided by this section.
    48    §  65.  Subsection (g) of section 3215 of the insurance law is amended
    49  to read as follows:
    50    (g) The provisions of subsections (a)  through  (f)  of  this  section
    51  shall  not  apply  to any group life insurance policies or group annuity
    52  contracts.
    53    § 66. Subsection (h) of section 3215 of the insurance  law  is  relet-
    54  tered  subsection  (i)  and  a  new  subsection  (h) is added to read as
    55  follows:
        S. 6461                            38                            A. 9561

     1    (h) A group annuity contract may provide benefits by reason  of  disa-
     2  bility  of the insured employee to supplement the maximum weekly compen-
     3  sation for disability provided under paragraph (a) of subdivision six of
     4  section fifteen of the workers’ compensation law, provided that:
     5    (1)  The  sum  of  the supplemental disability benefit under the group
     6  annuity contract and the  maximum  weekly  compensation  for  disability
     7  received under the workers’ compensation law shall not exceed two-thirds
     8  of  the  "average  weekly  wage" of the insured employee as such term is
     9  defined in the workers’ compensation law without regard to  any  maximum
    10  weekly  compensation  for  disability  pursuant  to  subdivision  six of
    11  section fifteen of the workers’ compensation law.
    12    (2) The  supplemental  disability  benefit  under  the  group  annuity
    13  contract shall be payable upon receipt of notice of payment of disabili-
    14  ty benefits under the workers’ compensation law.
    15    (3)  The premium charged for the supplemental disability benefit under
    16  the group annuity contract shall be reasonable in relation to the  bene-
    17  fits provided.
    18    (4)   The   group  annuity  contract  shall  contain  termination  and
    19  nonforfeiture provisions, including cash surrender and  death  benefits,
    20  which  in the opinion of the superintendent are equitable to the insured
    21  employees who contribute funds to the group  annuity  contract  and  the
    22  policyholder, provided that:
    23    (A)  Upon  termination  of employment or death prior to annuitization,
    24  the insured employee or his or her beneficiary shall be  entitled  to  a
    25  cash  surrender  or  death benefit that shall not be less than an amount
    26  accumulated for such employee under the group annuity  contract  arising
    27  solely from contributions made by such employee, less the cost of insur-
    28  ance  attributable to such contributions and less any supplemental disa-
    29  bility benefits received.
    30    (B) Upon termination of the group annuity contract, the employer shall
    31  apply no less than the excess,  if  any,  of  the  employees’  aggregate
    32  contributions  under the contract over the net cost of insurance for the
    33  sole benefit of the employees.
    34    (C) Nothing herein shall be construed to require that the contract  or
    35  certificate  contain  the  same  provisions  required  for  contracts or
    36  certificates subject to section four thousand two  hundred  twenty-three
    37  of this chapter.
    38    §  67.  Section  3220  of the insurance law is amended by adding a new
    39  subsection (e) to read as follows:
    40    (e) A group life insurance policy may provide benefits  by  reason  of
    41  the death of the insured employee to supplement the maximum weekly death
    42  benefit provided under section sixteen of the workers’ compensation law,
    43  provided that:
    44    (1)  The  sum  of the supplemental death benefits under the group life
    45  insurance policy and the maximum weekly death  benefits  received  under
    46  the  workers’  compensation law payable to each dependent of the insured
    47  employee shall not exceed the applicable percentage of the average week-
    48  ly wage of the insured employee, as such term is defined in the workers’
    49  compensation law, that such  dependent  is  entitled  to  receive  under
    50  section  sixteen of the workers’ compensation law, without regard to any
    51  maximum weekly death  benefit  pursuant  to  subdivision  five  of  such
    52  section sixteen.
    53    (2) The sum of the supplemental lump sum benefits under the group life
    54  insurance  policy  payable  upon remarriage of the surviving spouses and
    55  the compensation payable upon remarriage pursuant to section sixteen  of
    56  the  workers’ compensation law shall be calculated without regard to any
        S. 6461                            39                            A. 9561

     1  maximum weekly death  benefit  pursuant  to  subdivision  five  of  such
     2  section sixteen.
     3    (3)  For  purposes  of  this  subsection,  the  term "dependent" shall
     4  include all persons eligible to receive  death  benefits  under  section
     5  sixteen of the workers’ compensation law, including, but not limited to,
     6  the surviving spouse, dependent children and dependent grandchildren.
     7    (4)  The  supplemental  death  benefit  under the group life insurance
     8  policy shall be payable upon receipt of notice of payment of death bene-
     9  fits under section sixteen of the workers’ compensation law.
    10    (5) The premium charged for the supplemental death benefit  under  the
    11  group life insurance policy shall be reasonable in relation to the bene-
    12  fits provided.
    13    (6)  If  the  policy  is,  in whole or in part, on a plan of insurance
    14  other than the term plan, it shall contain nonforfeiture provisions that
    15  in the opinion of  the  superintendent  are  equitable  to  the  insured
    16  employees and to the policyholder, provided that:
    17    (A)  Upon  termination  of  employment,  the insured employee shall be
    18  entitled to a cash surrender benefit that shall  not  be  less  than  an
    19  amount  accumulated  for  such  employee  under the group life insurance
    20  policy arising solely from contributions made by such employee, less the
    21  cost of insurance attributable to such contributions.
    22    (B) Upon termination of the group life insurance policy, the  employer
    23  shall apply no less than the excess, if any, of the employees’ aggregate
    24  contributions  under  the  policy over the net cost of insurance for the
    25  sole benefit of the employees.
    26    (C) Nothing herein shall be construed to require that  the  policy  or
    27  certificate  contain  the  same  provisions required for individual life
    28  insurance policies or to require a conversion benefit pursuant to  para-
    29  graph six of subsection (a) of this section.
    30    §  68. The superintendent of insurance, in consultation with the chair
    31  of the workers’ compensation board, may promulgate regulations  relating
    32  to  the  standards  to  be  followed in the approval of forms and in the
    33  procedural requirements needed to implement the provisions of this  act,
    34  and  the  chair of the workers’ compensation board, in consultation with
    35  the superintendent of insurance, may promulgate regulations relating  to
    36  the  procedural  requirements needed to implement the provisions of this
    37  act.
    38    § 69. Severability. If any clause,  sentence,  paragraph,  section  or
    39  part  of  this act shall be adjudged by any court of competent jurisdic-
    40  tion to be invalid, such judgment shall not affect, impair or invalidate
    41  the remainder thereof, but shall be confined in  its  operation  to  the
    42  clause,  sentence,  paragraph, section or part thereof directly involved
    43  in the controversy in which said judgment shall have been rendered.
    44    § 70. This act shall take effect immediately, provided that:
    45    a. section one of this act shall apply to all accidents that occur  on
    46  or after the effective date of this act;
    47    b.  sections three, four, nine, ten and sixteen of this act shall take
    48  effect on the one hundred twentieth day after this act shall have become
    49  a law;
    50    c. sections five and fifty-six of this act shall take  effect  on  the
    51  ninetieth day after this act shall have become a law;
    52    d.  sections  eleven and twelve of this act shall apply to any compen-
    53  sation awarded pursuant to paragraphs a through s  and  paragraph  u  of
    54  subdivision  3  of  section  15 of the workers’ compensation law and any
    55  determination of permanent partial disability after this act shall  have
    56  become a law;
        S. 6461                            40                            A. 9561

     1    e.  section twenty-one of this act shall apply to all appeals taken on
     2  or after the effective date of this act;
     3    f.  sections twenty-four, thirty-eight and forty-two of this act shall
     4  take effect on the one hundred eightieth day after this act  shall  have
     5  become a law;
     6    g.  sections  twenty-eight,  twenty-nine  and thirty of this act shall
     7  apply to all injuries or disablements  occurring  on  or  after  January
     8  first, two thousand one;
     9    h.  sections  thirty-one and thirty-two of this act shall apply to all
    10  cases irrespective of the date of accident;
    11    i. section forty-seven of this act shall apply to all  accidents  that
    12  occur on or after the effective date of this act;
    13    j.  section  fifty  of this act shall take effect on the three hundred
    14  sixty-fifth day after this act shall have become a law;
    15    k. sections sixty-one and sixty-four of this act shall take effect  on
    16  the  first  of  October  next succeeding the year in which it shall have
    17  become a law, and shall apply to all policies issued or  renewed  on  or
    18  after such date;
    19    l.  section  sixty-two  of  this act shall take effect immediately and
    20  shall apply to all rate filings filed on or after such  date,  provided,
    21  however,  that  the superintendent of insurance is authorized to promul-
    22  gate rules and regulations necessary to  effectuate  the  provisions  of
    23  this act;
    24    m.  the  amendments  to  subdivision 2-c of section 25 of the workers’
    25  compensation law made by section  twenty-four  of  this  act  shall  not
    26  affect the repeal of such subdivision and shall be deemed repealed ther-
    27  ewith; and
    28    n.  the addition, amendment or repeal of any rule or regulation neces-
    29  sary for the implementation of the foregoing sections of this act on its
    30  effective date is authorized.