S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9737
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to eliminat-
   ing certain penalties assessed in relation to certain notice  require-
   ments;  and  to repeal certain provisions of the workers' compensation
   law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (c) and (d) of subdivision 1 of section 25 of
 the workers' compensation law, as amended by chapter 635 of the laws  of
 1996, are amended to read as follows:
   (c)  If  the  employer  or  insurance  carrier does not controvert the
 injured worker's right to compensation such employer or insurance carri-
 er shall, either on or before the eighteenth day  after  disability,  or
 within  ten  days  after the employer first has knowledge of the alleged
 accident, whichever period is the greater, begin paying compensation and
 shall immediately notify the chair in  accordance  with  a  form  to  be
 prescribed  by him, that the payment of compensation has begun, accompa-
 nied by the further statement that the employer or insurance carrier, as
 the case may be, will notify the chair when the payment of  compensation
 has  been stopped.  NOTWITHSTANDING ANY OTHER CONTRARY PROVISION OF LAW,
 THE PENALTIES DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION  THREE  OF  THIS
 SECTION SHALL NOT APPLY TO THIS PARAGRAPH.
   (d)  Whenever for any reason compensation payments cease, the employer
 or its insurance carrier shall within sixteen days thereafter,  send  to
 the  chair  a notice on a form prescribed by the chair that such payment
 has been stopped, which notice shall contain the  name  of  the  injured
 employee  or  his  or her principle dependent, the date of accident, the
 date to which compensation has been paid and the whole amount of compen-
 sation paid. [In case the employer or its insurance carrier fails so  to
 notify  the chair of the cessation of payments within sixteen days after
 the date on which compensation has been paid, the  board  may  impose  a
 penalty  upon  such  employer  or its insurance carrier in the amount of

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15147-02-2
              

 A. 9737                             2

 three hundred dollars, which shall be paid to the claimant. Such penalty
 shall be collected in like manner as an award of compensation.]
   §  2.  The  closing  paragraph  of  paragraph  (a) of subdivision 2 of
 section 25 of the workers' compensation law, as amended by section 1  of
 subpart  D  of part NNN of chapter 59 of the laws of 2017, is amended to
 read as follows:
   If the insurance carrier  shall  fail  [either]  to  [file  notice  of
 controversy  or]  begin  payment  of  compensation within the prescribed
 period or within ten days after receipt of a copy of the notice required
 in section one hundred ten of this  chapter,  whichever  period  is  the
 greater,  the  board may impose a penalty in the amount of three hundred
 dollars, which shall be in addition to all other penalties provided  for
 in this chapter and shall be paid to the claimant. Such penalty shall be
 collected in like manner as an award of compensation.
   §  3.  Paragraph  (g)  of  subdivision 3 of section 25 of the workers'
 compensation law is REPEALED.
   § 4. This act shall take effect immediately.