S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    571
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to notifica-
   tion in the case of a change to a workers' compensation claims  repre-
   sentative
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The workers' compensation law is amended by  adding  a  new
 section 138 to read as follows:
   §  138.  WORKERS'  COMPENSATION CLAIMS REPRESENTATIVE REPLACEMENT.  1.
 WHERE AN INJURED EMPLOYEE IS ENTITLED TO WORKERS' COMPENSATION  BENEFITS
 UNDER  THIS CHAPTER AND A CLAIMS REPRESENTATIVE HAS BEEN ASSIGNED TO HIS
 OR HER WORKERS' COMPENSATION CLAIM BY AN INSURANCE CARRIER  OR  SELF-IN-
 SURED EMPLOYER, SUCH INSURANCE CARRIER OR SELF-INSURED EMPLOYER SHALL BE
 REQUIRED  TO  NOTIFY  SUCH  INJURED EMPLOYEE OR SUCH EMPLOYEE'S PERSONAL
 REPRESENTATIVE IN THE EVENT THAT SUCH CLAIM IS ASSIGNED TO A NEW  CLAIMS
 REPRESENTATIVE,  OR  IT  IS  DETERMINED  THAT THE ASSIGNMENT OF A CLAIMS
 REPRESENTATIVE IS NO LONGER NECESSARY. FOR THE PURPOSES OF THIS SECTION,
 "CLAIMS REPRESENTATIVE" SHALL MEAN ANY EMPLOYEE, AGENT, OR OTHER  REPRE-
 SENTATIVE  OF  AN  INSURANCE  CARRIER  OR  SELF-INSURED EMPLOYER THAT IS
 RESPONSIBLE FOR PROCESSING, ADJUDICATING, OR IN ANY  WAY  EFFECTING  THE
 SETTLEMENT OF A WORKERS' COMPENSATION CLAIM.
   2.  AN  INSURANCE  CARRIER OR SELF-INSURED EMPLOYER SHALL PROVIDE SUCH
 NOTICE BY ELECTRONIC MEANS OR BY CERTIFIED OR  REGISTERED  MAIL,  RETURN
 RECEIPT  REQUESTED, TO THE LAST KNOWN ADDRESS OF THE INJURED EMPLOYEE OR
 SUCH EMPLOYEE'S PERSONAL REPRESENTATIVE WITHIN FOURTEEN BUSINESS DAYS OF
 THE REPLACEMENT OF ANY CLAIMS REPRESENTATIVE OR THE  DETERMINATION  THAT
 THE  ASSIGNMENT  OF A CLAIMS REPRESENTATIVE IS NO LONGER NECESSARY. SUCH
 NOTICE MUST INCLUDE THE NAME AND CONTACT INFORMATION OF THE  NEW  CLAIMS
 REPRESENTATIVE WHEN A NEW ASSIGNMENT HAS BEEN MADE.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02161-01-3