S T A T E O F N E W Y O R K
________________________________________________________________________
358
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
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.
LBD01674-01-9