STATE OF NEW YORK
________________________________________________________________________
7785
IN SENATE
January 11, 2022
___________
Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the workers' compensation law, in relation to requiring
the workers' compensation board to appoint the uninsured employers'
fund as the responsible party when the identity of the responsible
insurance carrier for the employer cannot be determined within thirty
days of the filing of a new claim
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. The opening paragraph and paragraph (a) of subdivision 6-a
2 of section 26-a of the workers' compensation law, as added by a chapter
3 of the laws of 2021, amending the workers' compensation law in relation
4 to requiring the workers' compensation board to appoint the uninsured
5 employers' fund as the insurance carrier in cases when the identity of
6 the responsible insurance carrier for the employer cannot be determined
7 within ten days of the filing of a claim and to proceed with hearings
8 and provide notices necessary to process such claim; and to make
9 conforming technical changes, as proposed in legislative bills numbers
10 S. 6628-A and A. 359-A, are amended to read as follows:
11 In the event that the board is unable to determine the identity of the
12 responsible insurance carrier for the employer within [ten] thirty days
13 of the filing of a new claim, the board shall:
14 (a) appoint the uninsured employers' fund as the [insurance carrier]
15 responsible party until such time as the identity of the responsible
16 insurance carrier for the employer is determined. Upon such appointment,
17 the uninsured employers' fund shall immediately commence payments and
18 provide medical care in accordance with the provisions of this chapter;
19 § 2. This act shall take effect on the same date and in the same
20 manner as a chapter of the laws of 2021, amending the workers' compen-
21 sation law in relation to requiring the workers' compensation board to
22 appoint the uninsured employers' fund as the responsible party in cases
23 when the identity of the responsible insurance carrier for the employer
24 cannot be determined within thirty days of the filing of a new claim, as
25 proposed in legislative bills numbers S. 6628-A and A. 359-A, takes
26 effect.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05195-04-2