Bill Text: NY A07404 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires the workers' compensation board to appoint the uninsured employers fund as the insurance carrier in cases when the identity of the responsible insurance carrier for the employer cannot be determined within ten days of the filing of a claim and to proceed with hearings and provide notices necessary to process such claim; and to make conforming technical changes.
Spectrum: Moderate Partisan Bill (Democrat 12-2)
Status: (Introduced - Dead) 2020-01-08 - referred to labor [A07404 Detail]
Download: New_York-2019-A07404-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7404 2019-2020 Regular Sessions IN ASSEMBLY May 1, 2019 ___________ Introduced by M. of A. JACOBSON -- read once and referred to the Commit- tee on Labor AN ACT to amend the workers' compensation law, in relation to requiring the workers' compensation board to appoint the uninsured employers' fund as the insurance carrier in cases when the identity of the responsible insurance carrier for the employer cannot be determined within ten days of the filing of a claim and to proceed with hearings and provide notices necessary to process such claim; and to make conforming technical changes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 20 of the workers' compensation law is amended by 2 adding a new subdivision 1-a to read as follows: 3 1-a. Notwithstanding subdivision one of this section, in the event 4 that the board is unable to determine the identity of the responsible 5 insurance carrier for the employer within ten days of the filing of a 6 new claim, the board shall: 7 (a) appoint the uninsured employers' fund as the insurance carrier 8 until such time as the identity of the responsible insurance carrier for 9 the employer is determined. Upon such appointment, the uninsured employ- 10 ers' fund shall immediately commence payments and provide medical care 11 in accordance with the provisions of this chapter; 12 (b) schedule a hearing to determine the identity of the responsible 13 insurance carrier for the employer and to determine such claim for 14 compensation in accordance with the provisions of subdivision one of 15 this section; and 16 (c) provide notice of such claim and hearing to the employer by certi- 17 fied mail, return receipt requested, with a direction that the employer 18 provide proof of having insurance in effect as provided by section ten 19 of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10553-02-9A. 7404 2 1 § 2. Subdivision 2 of section 2 of the workers' compensation law, as 2 amended by chapter 113 of the laws of 1946, is amended to read as 3 follows: 4 2. "Department" means the department of labor of the state of New 5 York; 6 "Chairman" means the chairman of the [workmen's] workers' compensation 7 board of the state of New York; 8 "Commissioner" means the industrial commissioner of the state of New 9 York; 10 "Board" means the [workmen's] workers' compensation board of the state 11 of New York; 12 "Commissioners" means the commissioners of the state insurance fund of 13 the department of labor of the state of New York. 14 § 3. Subdivisions 1 and 2 of section 201 of the workers' compensation 15 law, as added by chapter 600 of the laws of 1949, are amended to read as 16 follows: 17 1. "Board" means the [workmen's] workers' compensation board created 18 under this chapter. 19 2. "Chairman" means the chairman of the [workmen's] workers' compen- 20 sation board of the state of New York. 21 § 4. Section 302 of the workers' compensation law, as amended by chap- 22 ter 788 of the laws of 1951, is amended to read as follows: 23 § 302. Definitions. Except as otherwise provided in this article, 24 terms used in this article shall have the meaning given to such terms in 25 articles one to eight, inclusive, of this chapter and in the state 26 defense emergency act. 27 1. "Civil defense volunteers" shall include those members of the civil 28 defense forces under the provisions of the state defense emergency act 29 who are volunteer persons serving without compensation in the personnel 30 of volunteer agencies. 31 2. "Authorized civil defense service" for the purposes of this article 32 includes duties and services performed by an air raid warden during 33 attack, actual or imminent, and subsequent to attack, but not during 34 training or practice periods; and duties and services performed by a 35 civil defense volunteer other than an air raid warden following actual 36 attack, but not during training or practice periods or during attack, 37 actual or imminent. For the purposes of this article, such services 38 shall be those authorized by the local director of civil defense in 39 accordance with regulations and orders of the commission or state direc- 40 tor of civil defense. 41 3. "Injury" within the meaning of this article means only accidental 42 injury arising in the course of authorized civil defense service during 43 attack, actual or imminent, or subsequent to attack, and disease or 44 infection that may be sustained or death incurred either as the natural 45 and unavoidable result thereof or of exposure to radiation or to noxious 46 gases or to germ warfare in the course of such authorized service. 47 4. "Commission" shall mean the state civil defense commission created 48 by article three of the state defense emergency act, and "state direc- 49 tor" shall mean the New York state director of civil defense appointed 50 under the provisions of said act. 51 5. "Board" shall mean the [workmen's] workers' compensation board. 52 6. "Chairman" shall mean the chairman of the [workmen's] workers' 53 compensation board. 54 § 5. Section 140 of the workers' compensation law, as amended by chap- 55 ter 57 of the laws of 1951, is amended to read as follows:A. 7404 3 1 § 140. [Workmen's] Workers' compensation board. The [workmen's] work- 2 ers' compensation board in the department of labor is hereby continued. 3 Such board shall consist of thirteen members, at least four of whom 4 shall be attorneys and counsellors-at-law duly admitted to practice in 5 this state. The members of the board shall be appointed by the governor, 6 by and with the advice and consent of the senate. The members of the 7 board in office, together with the additional members and the members 8 appointed to fill vacancies, if any, at the time this section takes 9 effect, shall continue, notwithstanding the appointment of any of the 10 members for a term expiring on a different date, to hold office for 11 terms to be assigned by the governor by and with the advice and consent 12 of the senate; two such terms to expire on December thirty-first, nine- 13 teen hundred fifty; two to expire on December thirty-first, nineteen 14 hundred fifty-one; two to expire on December thirty-first, nineteen 15 hundred fifty-two; two to expire on December thirty-first, nineteen 16 hundred fifty-three; two to expire on December thirty-first, nineteen 17 hundred fifty-four; two to expire on December thirty-first, nineteen 18 hundred fifty-five; and one to expire on December thirty-first, nineteen 19 hundred fifty-six. The members next appointed, except to fill a vacancy 20 created otherwise than by expiration of term, shall be appointed for 21 terms of seven years. The governor shall designate one of the members of 22 the board as chairman and another as vice-chairman. 23 § 6. This act shall take effect on the sixtieth day after it shall 24 have become a law and shall apply to all claims filed on and after such 25 effective date. Effective immediately the addition, amendment and/or 26 repeal of any rule or regulation necessary for the implementation of 27 this act on its effective date are authorized to be made and completed 28 on or before such date.