Assembly Bill A359A

Signed By Governor
2021-2022 Legislative Session

Requires the workers' compensation board to appoint the uninsured employers' fund as the insurance carrier in cases when the identity of the responsible insurance carrier for the employer cannot be determined

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2021-A359 - Details

See Senate Version of this Bill:
S6628
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§26-a, 2, 201, 302 & 140, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
A7404

2021-A359 - Summary

Requires the workers' compensation board to appoint the uninsured employers fund as the insurance carrier in cases when the identity of the responsible insurance carrier for the employer cannot be determined within ten days of the filing of a claim and to proceed with hearings and provide notices necessary to process such claim; makes conforming technical changes.

2021-A359 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    359
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. JACOBSON, SIMON, GOTTFRIED, DeSTEFANO, SAYEGH,
   GLICK, STECK, ABINANTI, KIM, CUSICK -- Multi-Sponsored by -- M. of  A.
   COOK -- read once and referred to the Committee on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to requiring
   the workers' compensation board to appoint  the  uninsured  employers'
   fund  as  the  insurance  carrier  in  cases  when the identity of the
   responsible insurance carrier for the employer  cannot  be  determined
   within  ten days of the filing of a claim and to proceed with hearings
   and provide notices necessary to  process  such  claim;  and  to  make
   conforming technical changes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 20 of the workers' compensation law is  amended  by
 adding a new subdivision 1-a to read as follows:
   1-A.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, IN THE EVENT
 THAT THE BOARD IS UNABLE TO DETERMINE THE IDENTITY  OF  THE  RESPONSIBLE
 INSURANCE  CARRIER  FOR  THE EMPLOYER WITHIN TEN DAYS OF THE FILING OF A
 NEW CLAIM, THE BOARD SHALL:
   (A) APPOINT THE UNINSURED EMPLOYERS' FUND  AS  THE  INSURANCE  CARRIER
 UNTIL SUCH TIME AS THE IDENTITY OF THE RESPONSIBLE INSURANCE CARRIER FOR
 THE EMPLOYER IS DETERMINED. UPON SUCH APPOINTMENT, THE UNINSURED EMPLOY-
 ERS'  FUND  SHALL IMMEDIATELY COMMENCE PAYMENTS AND PROVIDE MEDICAL CARE
 IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER;
   (B) SCHEDULE A HEARING TO DETERMINE THE IDENTITY  OF  THE  RESPONSIBLE
 INSURANCE  CARRIER  FOR  THE  EMPLOYER  AND  TO DETERMINE SUCH CLAIM FOR
 COMPENSATION IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  ONE  OF
 THIS SECTION; AND
   (C) PROVIDE NOTICE OF SUCH CLAIM AND HEARING TO THE EMPLOYER BY CERTI-
 FIED  MAIL, RETURN RECEIPT REQUESTED, WITH A DIRECTION THAT THE EMPLOYER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2021-A359A (ACTIVE) - Details

See Senate Version of this Bill:
S6628
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§26-a, 2, 201, 302 & 140, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
A7404

2021-A359A (ACTIVE) - Summary

Requires the workers' compensation board to appoint the uninsured employers fund as the insurance carrier in cases when the identity of the responsible insurance carrier for the employer cannot be determined within ten days of the filing of a claim and to proceed with hearings and provide notices necessary to process such claim; makes conforming technical changes.

2021-A359A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  359--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. JACOBSON, SIMON, GOTTFRIED, DeSTEFANO, SAYEGH,
   GLICK, STECK, ABINANTI, KIM, CUSICK -- Multi-Sponsored by -- M. of  A.
   COOK  -- read once and referred 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  requiring
   the  workers'  compensation  board to appoint the uninsured employers'
   fund as the insurance carrier  in  cases  when  the  identity  of  the
   responsible  insurance  carrier  for the employer cannot be determined
   within ten days of the filing of a claim and to proceed with  hearings
   and  provide  notices  necessary  to  process  such claim; and to make
   conforming technical changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 26-a of the workers' compensation law is amended by
 adding a new subdivision 6-a to read as follows:
   6-A.  IN  THE EVENT THAT THE BOARD IS UNABLE TO DETERMINE THE IDENTITY
 OF THE RESPONSIBLE INSURANCE CARRIER FOR THE EMPLOYER WITHIN TEN DAYS OF
 THE FILING OF A NEW CLAIM, THE BOARD SHALL:
   (A) APPOINT THE UNINSURED EMPLOYERS' FUND  AS  THE  INSURANCE  CARRIER
 UNTIL SUCH TIME AS THE IDENTITY OF THE RESPONSIBLE INSURANCE CARRIER FOR
 THE EMPLOYER IS DETERMINED. UPON SUCH APPOINTMENT, THE UNINSURED EMPLOY-
 ERS'  FUND  SHALL IMMEDIATELY COMMENCE PAYMENTS AND PROVIDE MEDICAL CARE
 IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER;
   (B) SCHEDULE A HEARING TO DETERMINE THE IDENTITY  OF  THE  RESPONSIBLE
 INSURANCE  CARRIER  FOR  THE  EMPLOYER  AND  TO DETERMINE SUCH CLAIM FOR
 COMPENSATION IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  ONE  OF
 THIS SECTION; AND
   (C) PROVIDE NOTICE OF SUCH CLAIM AND HEARING TO THE EMPLOYER BY CERTI-
 FIED  MAIL, RETURN RECEIPT REQUESTED, WITH A DIRECTION THAT THE EMPLOYER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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