A. 2989 2
TEMPORARY PARTIAL DISABILITY OR FOR PERMANENT OR TEMPORARY TOTAL DISA-
BILITY.
C. A CLAIMANT'S ENTITLEMENT TO COMPENSATION UNDER THIS SUBDIVISION
BEGINS THE DAY AFTER THE CLAIMANT REACHES MAXIMUM MEDICAL IMPROVEMENT
AND CONTINUES UNTIL THE EARLIER OF: (1) THE EXPIRATION OF A PERIOD
COMPUTED AT THE RATE OF THREE WEEKS FOR EACH PERCENTAGE POINT OF IMPAIR-
MENT; OR (2) THE DEATH OF THE CLAIMANT.
D. SUPPLEMENTAL BENEFITS SHALL BE PAYABLE TO AN INJURED WORKER WHO HAS
AN IMPAIRMENT RATING OF FIFTEEN PERCENT OR MORE AS DETERMINED UNDER THIS
SECTION AND WHO, AT THE EXPIRATION OF THE PERIOD IN SUBPARAGRAPH ONE OF
PARAGRAPH C OF THIS SUBDIVISION, HAS NOT RETURNED TO WORK OR HAS
RETURNED TO WORK EARNING LESS THAN EIGHTY PERCENT OF THE CLAIMANT'S
AVERAGE WEEKLY WAGE AS A RESULT OF THE CLAIMANT'S IMPAIRMENT, AND WHO
HAS IN GOOD FAITH ATTEMPTED TO OBTAIN EMPLOYMENT COMMENSURATE WITH THE
CLAIMANT'S PHYSICAL ABILITY TO WORK. SUPPLEMENTAL BENEFITS SHALL BE
PAYABLE FOR A PERIOD NOT TO EXCEED FIVE HUNDRED WEEKS INCLUDING ANY
WEEKS OF TEMPORARY OR PERMANENT DISABILITY BENEFITS PAYABLE ON ACCOUNT
OF SUCH IMPAIRMENT. SUPPLEMENTAL BENEFITS SHALL BE PAYABLE AT SIXTY-SIX
AND TWO-THIRDS PERCENT OF THE DIFFERENCE BETWEEN THE INJURED WORKER'S
AVERAGE WEEKLY WAGES BEFORE AND AFTER INJURY, NOT TO EXCEED THE RATE
PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION.
E. IN THE EVENT THE CLAIM IS CONTROVERTED PURSUANT TO SECTION TWENTY-
FIVE OF THIS ARTICLE AND THE CONTROVERSY IS RESOLVED IN FAVOR OF THE
CLAIMANT, THE CLAIMANT SHALL RECEIVE UP TO NINETY DAYS OF ADDITIONAL
BENEFITS BEYOND THE PERIOD PRESCRIBED IN PARAGRAPH D OF THIS SUBDIVISION
AND NOT TO EXCEED THE PERIOD DURING WHICH SUCH CLAIM WAS CONTROVERTED.
S 3. Paragraph (a) of subdivision 6 of section 15 of the workers'
compensation law, as amended by chapter 689 of the laws of 2007, is
amended to read as follows:
(a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting from an occupational disease that
occurs, (1) on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week, that occurs
(2) on or after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or after
January first, nineteen hundred seventy-nine, shall not exceed two
hundred fifteen dollars per week, that occurs (4) on or after July
first, nineteen hundred eighty-three, shall not exceed two hundred
fifty-five dollars per week, that occurs (5) on or after July first,
nineteen hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6) on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week; and in the case of
temporary total disability shall not be less than thirty dollars per
week and in the case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages. Compen-
sation for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four, shall not exceed one hundred thirty-five
A. 2989 3
dollars per week, that occurs (4) on or after July first, nineteen
hundred eighty-five, shall not exceed one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly wages. In no event shall compensation when
combined with decreased earnings or earning capacity exceed the amount
of wages which the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, shall not exceed three hundred fifty
dollars per week; (2) on or after July first, nineteen hundred ninety-
two AND PRIOR TO THE ESTABLISHING OF OBJECTIVE MEDICAL GUIDELINES FOR
THE DETERMINATION OF PERCENTAGE OF PERMANENT IMPAIRMENT PURSUANT TO
SECTION FIFTEEN-A OF THIS ARTICLE, shall not exceed four hundred dollars
per week; nor be less than forty dollars per week except that if the
employee's wages at the time of injury are less than forty dollars per
week, the employee shall receive his or her full wages. Compensation for
permanent or temporary partial disability, or for permanent or temporary
total disability due to an accident or disablement resulting from an
occupational disease that occurs (1) on or after July first, two thou-
sand seven shall not exceed five hundred dollars per week, (2) on or
after July first, two thousand eight shall not exceed five hundred fifty
dollars per week, (3) on or after July first, two thousand nine shall
not exceed six hundred dollars per week, and (4) on or after July first,
two thousand ten, and on or after July first of each succeeding year,
shall not exceed two-thirds of the New York state average weekly wage
for the year in which it is reported. Compensation for permanent or
temporary partial disability, or for permanent or temporary total disa-
bility due to an accident or disablement resulting from an occupational
disease that occurs on or after July first, two thousand seven shall not
be less than one hundred dollars per week except that if the employee's
wages at the time of injury are less than one hundred dollars per week,
the employee shall receive his or her full wages. In no event shall
compensation when combined with decreased earnings or earning capacity
exceed the amount of wages the employee was receiving at the time the
injury occurred. Compensation for permanent or temporary partial disa-
bility, or for permanent or temporary total disability due to an acci-
dent or disablement resulting from an occupational disease or injury
that occurred as a result of World Trade Center rescue activity by an
employee of a private voluntary hospital, who passed a physical examina-
tion upon employment as a rescue worker that failed to reveal evidence
of a condition that was the proximate cause of disablement or occupa-
tional disease or injury, shall not exceed three-quarters of a claim-
ant's wage on September eleventh, two thousand one. In no event shall
compensation when combined with decreased earnings or earning capacity
exceed the amount of wages the employee was receiving on September elev-
enth, two thousand one.
S 4. The workers' compensation law is amended by adding two new
sections 15-a and 15-b to read as follows:
S 15-A. OBJECTIVE MEDICAL GUIDELINES. 1. THE CHAIR SHALL WITHIN THIRTY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION APPOINT A COMMITTEE OF FIVE
EXPERT MEDICAL CONSULTANTS TO DEVELOP OBJECTIVE MEDICAL GUIDELINES FOR
A. 2989 4
THE DETERMINATION OF PERCENTAGE OF PERMANENT IMPAIRMENT. THE PERCENTAGE
OF PERMANENT IMPAIRMENT SHALL BE KNOWN AS THE IMPAIRMENT RATING. THE
COMMITTEE SHALL WITHIN ONE HUNDRED TWENTY DAYS OF SUCH COMMITTEE'S
APPOINTMENT RECOMMEND OBJECTIVE MEDICAL GUIDELINES FOR THE DETERMINATION
OF PERCENTAGE OF PERMANENT IMPAIRMENT TO THE CHAIR. THE CHAIR SHALL
ADOPT OBJECTIVE MEDICAL GUIDELINES FOR THE DETERMINATION OF PERCENTAGE
OF PERMANENT IMPAIRMENT BASED ON THE RECOMMENDATIONS OF THE COMMITTEE
WITHIN THIRTY DAYS OF RECEIPT OF SUCH RECOMMENDATIONS.
2. ONCE OBJECTIVE MEDICAL GUIDELINES ARE ADOPTED, THE CHAIR SHALL BE
GRANTED THE AUTHORITY, WHEN HE OR SHE SEES FIT, TO APPOINT A COMMITTEE
PURSUANT TO SUBDIVISION ONE OF THIS SECTION TO MAKE RECOMMENDATIONS TO
AMEND THE OBJECTIVE MEDICAL GUIDELINES FOR THE DETERMINATION OF PERCENT-
AGE OF PERMANENT IMPAIRMENT.
S 15-B. BENEFIT EVALUATION COMMISSION. 1. A WORKERS' COMPENSATION
BENEFIT EVALUATION COMMISSION SHALL BE APPOINTED BEFORE JANUARY FIRST,
TWO THOUSAND FOURTEEN TO EXAMINE, EVALUATE AND REPORT ON THE SUFFICIENCY
OF BENEFIT LEVELS IN REGARD TO INFLATION AND THE OVERALL COST OF WORK-
ERS' COMPENSATION FOR EMPLOYERS.
2. THE COMMISSION CREATED BY THIS SECTION SHALL CONSIST OF FIVE
MEMBERS AS FOLLOWS: (I) THE CHAIR OF THE WORKERS' COMPENSATION BOARD, OR
HIS OR HER DESIGNEE, WHO SHALL ACT AS CHAIR OF SUCH COMMISSION; (II) ONE
MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (III) ONE
MEMBER APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (IV) ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE SENATE; AND (V) ONE MEMBER
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY.
3. SUCH COMMISSION MAY EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS
IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR
COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR.
4. THE COMMISSION MAY MEET WITHIN AND WITHOUT THE STATE, SHALL HOLD
PUBLIC HEARINGS, AND SHALL HAVE ALL THE POWERS OF A LEGISLATIVE COMMIT-
TEE PURSUANT TO THE LEGISLATIVE LAW.
5. THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SECTION.
6. TO THE MAXIMUM EXTENT FEASIBLE, THE COMMISSION SHALL BE ENTITLED TO
REQUEST AND RECEIVE, AND SHALL UTILIZE AND BE PROVIDED WITH SUCH FACILI-
TIES, RESOURCES AND DATA OF ANY COURT, DEPARTMENT, DIVISION, BOARD,
BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF AS IT MAY REASONABLY REQUEST TO PROPERLY CARRY OUT ITS POWERS
AND DUTIES PURSUANT TO THIS SECTION.
7. THE COMMISSION SHALL MAKE A REPORT TO THE GOVERNOR, TEMPORARY PRES-
IDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, MINORITY LEADER OF THE
SENATE AND MINORITY LEADER OF THE ASSEMBLY OF ITS FINDINGS, CONCLUSIONS
AND RECOMMENDATIONS ON OR BEFORE JANUARY FIRST, TWO THOUSAND FIFTEEN AND
ANNUALLY THEREAFTER. SUCH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC
AND INCLUDE SUCH LEGISLATIVE PROPOSALS AS SHALL BE NECESSARY TO IMPLE-
MENT THE COMMISSION'S RECOMMENDATIONS.
S 5. Paragraph (f) of subdivision 1 of section 25 of the workers'
compensation law, as amended by chapter 635 of the laws of 1996, is
amended to read as follows:
(f) Whenever compensation is withheld solely because a controversy
exists on the question of liability as between insurance carriers, sure-
ty companies, the special disability fund, the special fund for reopened
cases, or an employer, the board [may] SHALL WITHIN NINETY DAYS direct
that any carrier, surety company, the special disability fund, the
special fund for reopened cases shall immediately pay compensation and
A. 2989 5
bills for medical care to the extent payable in accordance with sections
thirteen-g, thirteen-k, thirteen-l and thirteen-m of this chapter, pend-
ing determination of such issue. Any such payment or payments shall not
be deemed an admission against interest by the carrier, surety company,
special disability fund or the special fund for reopened cases. After
final determination, the parties shall make the necessary and proper
reimbursement including the payment of simple interest at the rate
established by section five thousand four of the civil practice law and
rules in conformity with such determination.
S 6. Section 50 of the workers' compensation law is amended by adding
a new subdivision 3-f to read as follows:
3-F. THE STATE INSURANCE FUND AND ANY OTHER INSURER THAT ISSUES POLI-
CIES OF WORKERS' COMPENSATION INSURANCE MAY REQUIRE NOMINAL CO-PAYMENTS
TO BE PAID BY THE EMPLOYEE OF UP TO FIVE DOLLARS FOR PHARMACEUTICALS
PRESCRIBED UNDER A WORKERS' COMPENSATION POLICY. IN ADDITION, PREMIUM
REDUCTIONS, IN ACCORDANCE WITH METHODOLOGY APPROVED BY THE SUPERINTEN-
DENT OF INSURANCE SHALL BE APPLIED TO ANY POLICY WRITTEN WHICH REQUIRES
SUCH PHARMACEUTICAL CO-PAYMENTS. SUCH PREMIUM REDUCTIONS SHALL BE DETER-
MINED BEFORE THE APPLICATION OF ANY EXPERIENCE MODIFICATION PREMIUM
SURCHARGE OR PREMIUM DISCOUNT.
S 7. Section 13 of the workers' compensation law is amended by adding
a new subdivision (j) to read as follows:
(J)(1) WHEN A CLAIMANT SUBMITS A CLAIM TO THE EMPLOYER OR ITS CARRIER
FOR PAYMENT OF PRESCRIBED MEDICINE OR FOR REIMBURSEMENT OF THE COST OF
PRESCRIBED MEDICINE WHICH THE EMPLOYER IS REQUIRED TO PROVIDE UNDER THIS
SECTION, THE EMPLOYER OR CARRIER SHALL PAY THE AMOUNT PRESCRIBED BY THE
FEE SCHEDULE ADOPTED UNDER SECTION THIRTEEN-O OF THIS ARTICLE, OR IF THE
PRESCRIBED MEDICINE IS NOT INCLUDED ON THE CURRENT FEE SCHEDULE, THE
USUAL AND CUSTOMARY CHARGES FOR SUCH PRESCRIBED MEDICINE, WITHIN FORTY-
FIVE DAYS OF RECEIPT OF THE CLAIM, UNLESS THE LIABILITY OF THE EMPLOYER
TO PAY FOR THE PRESCRIBED MEDICINE IS NOT REASONABLY CLEAR.
(2) WHERE THE LIABILITY OF THE EMPLOYER OR CARRIER FOR THE CLAIM FOR
PAYMENT OF PRESCRIBED MEDICINE OR REIMBURSEMENT FOR PAYMENT OF
PRESCRIBED MEDICINE IS NOT REASONABLY CLEAR, THE EMPLOYER OR CARRIER
SHALL PAY ANY UNDISPUTED PORTION OF THE CLAIM IN ACCORDANCE WITH THIS
SECTION AND NOTIFY THE CLAIMANT IN WRITING WITHIN FORTY-FIVE DAYS OF
RECEIPT OF THE CLAIM:
(A) THAT THE CLAIM IS NOT BEING PAID AND EXPLAINING THE REASONS FOR
NONPAYMENT; OR
(B) TO REQUEST ALL ADDITIONAL INFORMATION REASONABLY NEEDED TO DETER-
MINE THE EMPLOYER'S OR CARRIER'S LIABILITY FOR THE CLAIM.
UPON RECEIPT OF THE INFORMATION REQUESTED IN SUBPARAGRAPH (B) OF THIS
PARAGRAPH, THE EMPLOYER OR CARRIER SHALL COMPLY WITH PARAGRAPH ONE OF
THIS SUBDIVISION.
(3) EACH CLAIM FOR PAYMENT OF PRESCRIBED MEDICINE OR REIMBURSEMENT FOR
PAYMENT OF PRESCRIBED MEDICINE THAT IS PROCESSED IN VIOLATION OF THIS
SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. IN ADDITION TO THE OTHER
PENALTIES PROVIDED IN THIS CHAPTER, ANY EMPLOYER OR CARRIER THAT FAILS
TO REIMBURSE THE CLAIMANT AS REQUIRED IN THIS SECTION SHALL BE OBLIGATED
TO PAY TO THE CLAIMANT THE AMOUNT PRESCRIBED ON THE FEE SCHEDULE ADOPTED
UNDER SECTION THIRTEEN-O OF THIS ARTICLE, OR IF THE PRESCRIBED MEDICINE
IS NOT INCLUDED ON THE CURRENT FEE SCHEDULE, THE USUAL AND CUSTOMARY
CHARGES FOR THE PRESCRIBED MEDICINE PLUS SIMPLE INTEREST AT THE RATE SET
FORTH IN SECTION FIVE THOUSAND FOUR OF THE CIVIL PRACTICE LAW AND RULES.
(4) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT EMPLOYERS OR CARRIERS
FROM AGREEING TO OR ARRANGING FOR DIRECT BILLING BY THE PHARMACY TO THE
A. 2989 6
EMPLOYER OR CARRIER FOR THE COST OF PRESCRIBED MEDICINE, IN ORDER FOR
CLAIMANTS TO MORE PROMPTLY RECEIVE PRESCRIBED MEDICINE FOR WHICH EMPLOY-
ERS AND CARRIERS ARE LIABLE UNDER THIS SECTION.
S 8. Section 13-a of the workers' compensation law is amended by
adding a new subdivision 5-a to read as follows:
(5-A) THE BOARD MAY, AT ITS DISCRETION, PRESCRIBE REGULATIONS TO PRE-
AUTHORIZE CERTAIN SPECIALIST CONSULTATIONS, SURGICAL OPERATIONS,
PHYSIOTHERAPEUTIC OR OCCUPATIONAL THERAPY PROCEDURES, X-RAY EXAMINATIONS
OR SPECIAL DIAGNOSTIC LABORATORY TESTS FOR SPECIFIED TYPES OF INJURIES.
S 9. Subparagraph 4 of paragraph (h) of subdivision 8 of section 15
of the workers' compensation law, as amended by chapter 139 of the laws
of 2008, is amended to read as follows:
(4) As soon as practicable after May first in the year nineteen
hundred fifty-eight, and annually thereafter as soon as practicable
after January first in each succeeding year, the chair of the board
shall assess upon and collect from all self-insurers, except group self-
insurers, the state insurance fund, all insurance carriers and group
self-insurers, (A) a sum equal to one hundred [fifty] TWENTY-FIVE per
centum of the total disbursements made from the special disability fund
during the preceding calendar year (not including any disbursements made
on account of anticipated liabilities or waiver agreements funded by
bond proceeds and related earnings), less the amount of the net assets
in such fund as of December thirty-first of said preceding calendar
year, and (B) a sum sufficient to cover debt service, and associated
costs (the "debt service assessment") to be paid during the calendar
year by the dormitory authority, as calculated in accordance with
subparagraph five of this paragraph. Such assessments shall be allocated
to (i) self-insurers except group self-insurers and the state insurance
fund based upon the proportion that the total compensation payments made
by all self-insurers except group self-insurers and the state insurance
fund bore to the total compensation payments made by all self-insurers
except group self-insurers, the state insurance fund, all insurance
carriers and group self-insurers, (ii) insurance carriers based upon the
proportion that the total compensation payments made by all insurance
carriers bore to the total compensation payments by all self-insurers
except group self-insurers, the state insurance fund and all insurance
carriers and group self-insurers during the fiscal year which ended
within said preceding calendar year, and (iii) group self-insurers based
upon the proportion that the total compensation payments made by all
group self-insurers bore to the total compensation payments made by all
self-insurers, the state insurance fund and all insurance carriers
during the fiscal year which ended within said preceding calendar year.
Insurance carriers and self-insurers shall be liable for all such
assessments regardless of the date on which they came into existence, or
whether they have made any claim for reimbursement from the special
disability fund. The portion of such sum allocated to self-insurers
except group self-insurers and the state insurance fund that shall be
collected from each self-insurer except a group self-insurer and the
state insurance fund shall be a sum equal to the proportion of the
amount which the total compensation payments of each such self-insurer
except a group self-insurer or the state insurance fund bore to the
total compensation payments made by all self-insurers except group self-
insurers and the state insurance fund during the fiscal year which ended
within said preceding calendar year. The portion of such sum allocated
to insurance carriers that shall be collected from each insurance carri-
er shall be a sum equal to that proportion of the amount which the total
A. 2989 7
premiums written by each such insurance carrier bore to the total writ-
ten premiums reported by all insurance carriers during the fiscal year
which ended within said preceding calendar year. The portion of such sum
allocated to group self-insurers that shall be collected from each group
self-insurer shall be a sum equal to that proportion of the amount which
the pure premium calculation for each such group self-insurer bore to
the total pure premium calculation for all group self-insurers for the
calendar year which ended within the preceding state fiscal year. The
payments from the debt service assessment, unless otherwise set forth in
the special disability fund financing agreement, are hereby pledged
therefor and shall be deemed the first monies received on account of
assessments in each year. For the purposes of this paragraph, "direct
premiums written" means gross premiums, including policy and membership
fees, less return premiums and premiums on policies not taken. For
purposes of this paragraph "pure premium calculation" means the New York
state annual payroll as of December thirty-first of the preceding year
by class code for each employer member of a group self-insurer multi-
plied by the applicable loss cost for each class code as determined by
the workers' compensation rating board in effect on December thirty-
first of the preceding year, and for a group or individual self-insurer
who has ceased to self-insure shall be based on payroll at the time the
group or individual self-insurer ceased to self-insure reduced by a
factor reflecting the reduction in the group or individual self-
insurer's self-insurance liabilities since ceasing to self-insure. An
employer who has ceased to be a self-insurer or a group that ceases to
be licensed as a group self-insurer shall continue to be liable for any
assessments into said fund on account of any compensation payments made
by him or her on his or her account during such fiscal year, and the
security fund, created under the provisions of section one hundred seven
of this chapter, shall, in the event of the insolvency of any insurance
company, be liable for any assessments that would have been made against
such company except for its insolvency. No assessment shall be payable
from the aggregate trust fund, created under the provisions of section
twenty-seven of this article, but such fund shall continue to be liable
for all compensation that shall be payable under any award or order of
the board, the commuted value of which has been paid into such fund.
Such assessments when collected shall be deposited with the commissioner
of taxation and finance for the benefit of such fund. Unless otherwise
provided, such assessments, shall not constitute an element of loss for
the purpose of establishing rates for compensation insurance but shall
for the purpose of collection be treated as separate costs by carriers.
All insurance carriers and the state insurance fund, shall collect such
assessments, from their policyholders through a surcharge based on
premiums in accordance with rules set forth by the New York workers'
compensation rating board, as approved by the superintendent of insur-
ance. Such surcharge shall be considered as part of premium for purposes
prescribed by law including, but not limited to, computing premium tax,
reporting to the superintendent of insurance pursuant to section nine-
ty-nine of this chapter and section three hundred seven of the insurance
law, determining the limitation of expenditures for the administration
of the state insurance fund pursuant to section eighty-eight of this
chapter and the cancellation by an insurance carrier, including the
state insurance fund, of a policy for non-payment of premium. The
provisions of this paragraph shall not apply with respect to policies
containing coverage pursuant to subsection (j) of section three thousand
four hundred twenty of the insurance law relating to every policy
A. 2989 8
providing comprehensive personal liability insurance on a one, two,
three or four family owner-occupied dwelling. The state insurance fund
shall, notify its insureds that such assessments, shall be, for the
purpose of recoupment, treated as separate costs, respectively for the
purpose of premiums billed on or after October first, nineteen hundred
ninety-four.
For the purposes of this paragraph, except as otherwise provided: the
term "insurance carrier" shall include only stock corporations, mutual
corporations and reciprocal insurers authorized to transact the business
of workers' compensation insurance in this state; the term "self-insur-
er" shall include any employer or group of employers permitted to pay
compensation directly under the provisions of subdivision three, three-a
or four of section fifty of this chapter;
S 10. Subdivisions 1, 2 and 3 of section 114 of the workers' compen-
sation law, as added by chapter 635 of the laws of 1996, are amended to
read as follows:
1. Any person who, knowingly and with intent to defraud presents,
causes to be presented, or prepares with knowledge or belief that it
will be presented to or by an insurer or purported insurer, or any agent
thereof, any written statement as part of, or in support of, an applica-
tion for the issuance of or the rating of an insurance policy for
compensation insurance, or a claim for payment or other benefit pursuant
to a compensation policy which he or she knows to: (i) contain a false
statement or representation concerning any fact material thereto; or
(ii) omits any fact material thereto, shall be guilty of WORKERS'
COMPENSATION FRAUD IN THE FOURTH DEGREE WHEN HE OR SHE COMMITS A FRAUDU-
LENT WORKERS' COMPENSATION ACT AND THEREBY TAKES OR OBTAINS BENEFITS,
AND WHEN THE VALUE OF THE WORKERS' COMPENSATION BENEFITS EXCEEDS ONE
THOUSAND DOLLARS. WORKERS' COMPENSATION FRAUD IN THE FOURTH DEGREE IS a
class E felony.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE THIRD DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS THREE THOUSAND DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS FIFTY THOUSAND DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS ONE MILLION DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE FIRST DEGREE IS A CLASS B FELONY.
Upon conviction, the court in addition to any other authorized
sentence, may order forfeiture of all rights to compensation or payments
of any benefit, and may also require restitution of any amount received
as a result of a violation of this subdivision.
2. An employer or carrier, or any employee, agent, or person acting on
behalf of an employer or carrier, who knowingly makes a false statement
or representation as to a material fact in the course of reporting,
investigation of, or adjusting a claim for any benefit or payment under
this chapter for the purpose of avoiding provision of such payment or
benefit shall be guilty of WORKERS' COMPENSATION FRAUD IN THE FOURTH
DEGREE WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND
A. 2989 9
THEREBY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS'
COMPENSATION BENEFITS EXCEEDS ONE THOUSAND DOLLARS. WORKERS' COMPEN-
SATION FRAUD IN THE FOURTH DEGREE IS a class E felony.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE THIRD DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS THREE THOUSAND DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS FIFTY THOUSAND DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS ONE MILLION DOLLARS. WORKERS' COMPENSATION FRAUD
IN THE FIRST DEGREE IS A CLASS B FELONY.
3. A person who knowingly makes a false statement or representation as
to a material fact for the purpose of obtaining, maintaining or renewing
insurance under this chapter, whether for himself or herself or for any
other person or entity or for the purpose of evading the requirements of
section fifty of this chapter shall be guilty of WORKERS' COMPENSATION
FRAUD IN THE FOURTH DEGREE WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS'
COMPENSATION ACT AND THEREBY TAKES OR OBTAINS BENEFITS, AND WHEN THE
VALUE OF THE WORKERS' COMPENSATION BENEFITS EXCEEDS ONE THOUSAND
DOLLARS. WORKERS' COMPENSATION FRAUD IN THE FOURTH DEGREE IS a class E
felony.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE THIRD DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS THREE THOUSAND DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE THIRD DEGREE IS A CLASS D FELONY.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE SECOND DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS FIFTY THOUSAND DOLLARS. WORKERS' COMPENSATION
FRAUD IN THE SECOND DEGREE IS A CLASS C FELONY.
A PERSON IS GUILTY OF WORKERS' COMPENSATION FRAUD IN THE FIRST DEGREE
WHEN HE OR SHE COMMITS A FRAUDULENT WORKERS' COMPENSATION ACT AND THERE-
BY TAKES OR OBTAINS BENEFITS, AND WHEN THE VALUE OF THE WORKERS' COMPEN-
SATION BENEFITS EXCEEDS ONE MILLION DOLLARS. WORKERS' COMPENSATION FRAUD
IN THE FIRST DEGREE IS A CLASS B FELONY.
In addition to any other remedy, the carrier providing insurance shall
be entitled to restitution of any amount obtained or withheld as a
result of a violation of this subdivision.
S 11. Section 240 of the labor law, the section heading and subdivi-
sion 2 as amended by chapter 683 of the laws of 1947 and subdivision 1
as amended by chapter 241 of the laws of 1981, is amended to read as
follows:
S 240. Scaffolding and other devices for use of employees. 1. All
contractors and owners and their agents, except owners of one and two-
family dwellings who contract for but do not direct or control the work,
in the erection, demolition, repairing, altering, painting, cleaning or
pointing of a building or structure shall furnish or erect, or cause to
be furnished or erected DEVICES OR EQUIPMENT for the performance of such
A. 2989 10
labor, SUCH AS scaffolding, hoists, stays, ladders, slings, hangers,
blocks, pulleys, braces, irons, AND ropes, [and other devices which]
WHERE SUCH DEVICES OR EQUIPMENT ARE NECESSARY TO GIVE REASONABLE AND
ADEQUATE PROTECTION AND SAFETY TO A PERSON SO EMPLOYED. WHERE SUCH
DEVICES OR EQUIPMENT ARE FURNISHED OR ERECTED, THE DEVICES OR EQUIPMENT
shall be so constructed, placed and operated as to [give proper] PROVIDE
REASONABLE AND ADEQUATE protection AND SAFETY to a person so employed.
No liability pursuant to this subdivision for the failure to provide
protection to a person so employed shall be imposed on professional
engineers as provided for in article one hundred forty-five of the
education law, architects as provided for in article one hundred forty-
seven of such law or landscape architects as provided for in article one
hundred forty-eight of such law who do not direct or control the work
for activities other than planning and design. This exception shall not
diminish or extinguish any liability of professional engineers or archi-
tects or landscape architects arising under the common law or any other
provision of law.
2. [Scaffolding or staging more than twenty feet from the ground or
floor, swung or suspended from an overhead support or erected with
stationary supports, except scaffolding wholly within the interior of a
building and covering the entire floor space of any room therein, shall
have a safety rail of suitable material properly attached, bolted,
braced or otherwise secured, rising at least thirty-four inches above
the floor or main portions of such scaffolding or staging and extending
along the entire length of the outside and the ends thereof, with only
such openings as may be necessary for the delivery of materials. Such
scaffolding or staging shall be so fastened as to prevent it from sway-
ing from the building or structure.
3. All scaffolding shall be so constructed as to bear four times the
maximum weight required to be dependent therefrom or placed thereon when
in use] COMPLIANCE WITH APPLICABLE PROVISIONS OF THE FEDERAL OCCUPA-
TIONAL SAFETY AND HEALTH ACT AND PART 23 OF TITLE 12 OF THE NEW YORK
CODES, RULES AND REGULATIONS, AS AMENDED, SHALL BE PRIMA FACIE PROOF OF
COMPLIANCE WITH SUBDIVISION ONE OF THIS SECTION.
3. NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A PERSON INJURED
IN THE ERECTION, DEMOLITION, REPAIRING, ALTERING, PAINTING, CLEANING OR
POINTING OF A BUILDING OR STRUCTURE FROM THE CONSEQUENCES OF HIS OR HER
CULPABLE CONDUCT IN ACCORDANCE WITH SECTION FOURTEEN HUNDRED ELEVEN OF
THE CIVIL PRACTICE LAW AND RULES.
S 12. Section 241 of the labor law, as added by chapter 1108 of the
laws of 1969, the opening paragraph as amended by chapter 670 of the
laws of 1980, subdivisions 6, 7 and 8 as amended and subdivision 10 as
added by chapter 520 of the laws of 1989, subdivision 9 as added by
chapter 241 of the laws of 1981, is amended to read as follows:
S 241. Construction, excavation and demolition work. 1. All contrac-
tors and owners and their agents, except owners of one and two-family
dwellings who contract for but do not direct or control the work, when
constructing or demolishing buildings or doing any excavating in
connection therewith, shall [comply with the following requirements:
1. If the floors are to be arched between the beams thereof, or if the
floors or filling in between the floors are of fireproof material, the
flooring or filling in shall be completed as the building progresses.
2. If the floors are not to be filled in between the beams with brick
or other fireproof material, the underflooring shall be laid on each
story as the building progresses.
A. 2989 11
3. If double floors are not to be used, the floor two stories imme-
diately below the story where the work is being performed shall be kept
planked over.
4. If the floor beams are of iron or steel, the entire tier of iron or
steel beams on which the structural iron or steel work is being erected
shall be thoroughly planked over, except spaces reasonably required for
proper construction of the iron or steel work, for raising or lowering
of materials or for stairways and elevator shafts designated by the
plans and specifications.
5. If elevators, elevating machines or hod-hoisting apparatus are used
in the course of construction, for the purpose of lifting materials, the
shafts or openings in each floor and at each landing level shall be
inclosed or fenced in on all sides by a barrier of suitable height,
except on two sides which may be used for taking off and putting on
materials, and those sides shall be guarded by an adjustable barrier not
less than three nor more than four feet from the floor and not less than
two feet from the edges of such shafts or openings.
6. All areas in which construction, excavation or demolition work is
being performed shall be so constructed, shored, equipped, guarded,
arranged, operated and conducted] CONSTRUCT, SHORE, EQUIP, GUARD,
ARRANGE, OPERATE AND CONDUCT SUCH WORK SO as to provide reasonable and
adequate protection and safety to the persons employed therein or
lawfully frequenting such places. The commissioner may make rules to
carry into effect the provisions of this subdivision, and the owners and
contractors and their agents for such work, except owners of one and
two-family dwellings who contract for but do not direct or control the
work, shall comply therewith.
[7. The commissioner may make rules to provide for the protection of
workers in connection with the excavation work for the construction of
buildings, the work of constructing or demolishing buildings and struc-
tures, and the guarding of dangerous machinery used in connection there-
with, and the owners and contractors and their agents for such work,
except owners of one and two-family dwellings who contract for but do
not direct or control the work, shall comply therewith.
8.] 2. COMPLIANCE WITH APPLICABLE PROVISIONS OF THE FEDERAL OCCUPA-
TIONAL SAFETY AND HEALTH ACT AND PART 23 OF TITLE 12 OF THE NEW YORK
CODES, RULES AND REGULATIONS, AS AMENDED, SHALL BE PRIMA FACIE PROOF OF
COMPLIANCE WITH SUBDIVISION ONE OF THIS SECTION.
3. NOTHING IN THIS SECTION SHALL BE DEEMED TO RELIEVE A PERSON INJURED
IN THE CONSTRUCTION, DEMOLITION OR EXCAVATION OF A BUILDING OR STRUCTURE
FROM THE CONSEQUENCES OF HIS OR HER CULPABLE CONDUCT IN ACCORDANCE WITH
SECTION FOURTEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES.
4. The commissioner, as deemed necessary, shall promulgate rules
designed for the purpose of providing for the reasonable and adequate
protection and safety of persons passing by all areas, buildings or
structures in which construction, excavation or demolition work is being
performed, and the owners and contractors and their agents for such
work, except owners of one and two-family dwellings who contract for but
do not direct or control the work, shall comply therewith. The
provisions of this subdivision shall not apply to cities having a popu-
lation of one million or more.
[9.] 5. No liability for the non-compliance with any of the
provisions of this section shall be imposed on professional engineers as
provided for in article one hundred forty-five of the education law,
architects as provided for in article one hundred forty-seven of such
law or landscape architects as provided for in article one hundred
A. 2989 12
forty-eight of such law who do not direct or control the work for activ-
ities other than planning and design. This exception shall not diminish
or extinguish any liability of professional engineers, architects or
landscape architects arising under the common law or any other provision
of law.
[10.] 6. Prior to advertising for bids or contracting for or commenc-
ing work on any demolition work on buildings covered under this section
except agricultural buildings as defined in regulations promulgated by
the commissioner and except buildings the construction of which was
begun on or after January first, nineteen hundred seventy-four, all
owners and their agents, except owners of one and two-family dwellings
who contract for but do not direct or control the work, shall conduct or
cause to be conducted a survey to determine whether or not the building
to be demolished contains asbestos or asbestos material as defined in
section nine hundred one of this chapter. Such surveys shall be
conducted in conformance with rules and regulations promulgated by the
commissioner. Information derived from such survey shall be immediately
transmitted to the commissioner and to the local governmental entity
charged with issuing a permit for such demolition under applicable state
or local laws or, if no such permit is required, to the town or city
clerk. If such survey finds that a building to be demolished contains
asbestos or asbestos material as defined by section nine hundred one of
[the] THIS chapter, no bids shall be advertised nor contracts awarded
nor demolition work commenced by any owner or agent prior to completion
of an asbestos remediation contract performed by a licensed asbestos
contractor as defined by section nine hundred one of this chapter.
S 13. Section 241-a of the labor law is REPEALED.
S 14. Subdivision 8 of section 1602 of the civil practice law and
rules is REPEALED.
S 15. The opening paragraph of subdivision 3 of section 30 of the
labor law, as added by chapter 162 of the laws of 1993, is amended to
read as follows:
Except for variations concerning provisions, rules, codes, orders or
any other matter affecting asbestos projects or safety and health stand-
ards for public employees, including but not limited to projects covered
by article thirty and section twenty-seven-a and subdivision [ten] SIX
of section two hundred forty-one of this chapter;
S 16. Section 1603 of the civil practice law and rules, as amended by
chapter 635 of the laws of 1996, is amended to read as follows:
S 1603. Burdens of proof. In any action or claim for damages for
personal injury a party asserting that the limitations on liability set
forth in this article do not apply shall allege and prove by a prepon-
derance of the evidence that one or more of the exemptions set forth in
subdivision one of section sixteen hundred one [or section sixteen
hundred two] applies. A party asserting limited liability pursuant to
this article shall have the burden of proving by a preponderance of the
evidence its equitable share of the total liability.
S 17. This act shall take effect immediately; provided, however, that
the provisions of section ten of this act shall take effect on the thir-
tieth day after it shall have become a law.