Senate Bill S3394A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3394--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Labor  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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, SUCH  INSUR-
 ANCE  CARRIER  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 EMPLOY-
 EE,  AGENT,  OR  OTHER  REPRESENTATIVE  OF  AN INSURANCE CARRIER THAT IS
 RESPONSIBLE FOR PROCESSING, ADJUDICATING, OR IN ANY  WAY  EFFECTING  THE
 SETTLEMENT OF A WORKERS' COMPENSATION CLAIM.
   2.  AN INSURANCE CARRIER SHALL PROVIDE SUCH NOTICE BY ELECTRONIC MEANS
 OR BY CERTIFIED OR REGISTERED MAIL, AS ELECTED BY THE INJURED  EMPLOYEE,
 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 LONG-
 ER NECESSARY. SUCH NOTICE SHALL INCLUDE THE NAME AND CONTACT INFORMATION
 OF THE NEW CLAIMS REPRESENTATIVE WHEN A NEW ASSIGNMENT HAS BEEN MADE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01674-04-9

 S. 3394--A                          2
 
   § 2. The workers' compensation law is amended by adding a new  section
 138-a to read as follows:
   §  138-A.  WORKERS'  COMPENSATION  CLAIMS  REPRESENTATIVE REPLACEMENT;
 SELF-INSURED EMPLOYER. 1. WHERE AN INJURED EMPLOYEE IS ENTITLED TO WORK-
 ERS' COMPENSATION BENEFITS UNDER THIS CHAPTER  AND  A  CLAIMS  REPRESEN-
 TATIVE  HAS BEEN ASSIGNED TO HIS OR HER WORKERS' COMPENSATION CLAIM BY A
 SELF-INSURED EMPLOYER, SUCH 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  REPRESEN-
 TATIVE"  SHALL  MEAN  ANY  EMPLOYEE, AGENT, OR OTHER REPRESENTATIVE OF A
 SELF-INSURED EMPLOYER THAT IS RESPONSIBLE FOR PROCESSING,  ADJUDICATING,
 OR IN ANY WAY EFFECTING THE SETTLEMENT OF A WORKERS' COMPENSATION CLAIM.
   2.  A  SELF-INSURED  EMPLOYER  SHALL PROVIDE SUCH NOTICE BY ELECTRONIC
 MEANS OR BY CERTIFIED OR REGISTERED MAIL,  AS  ELECTED  BY  THE  INJURED
 EMPLOYEE,  RETURN  RECEIPT  REQUESTED,  TO THE LAST KNOWN ADDRESS OF THE
 INJURED EMPLOYEE OR SUCH EMPLOYEE'S PERSONAL REPRESENTATIVE WITHIN FOUR-
 TEEN 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 SHALL INCLUDE THE NAME AND CONTACT  INFOR-
 MATION  OF  THE NEW CLAIMS REPRESENTATIVE WHEN A NEW ASSIGNMENT HAS BEEN
 MADE.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be  adjudged  by  any  court  of
 competent  jurisdiction  to  be invalid, such judgment shall not affect,
 impair, or invalidate the remainder thereof, but shall  be  confined  in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.