S T A T E O F N E W Y O R K
________________________________________________________________________
8693
I N S E N A T E
March 30, 2022
___________
Introduced by Sen. BROOKS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to eliminat-
ing certain penalties assessed in relation to certain notice require-
ments; and to repeal certain provisions of the workers' compensation
law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (c) and (d) of subdivision 1 of section 25 of
the workers' compensation law, as amended by chapter 635 of the laws of
1996, are amended to read as follows:
(c) If the employer or insurance carrier does not controvert the
injured worker's right to compensation such employer or insurance carri-
er shall, either on or before the eighteenth day after disability, or
within ten days after the employer first has knowledge of the alleged
accident, whichever period is the greater, begin paying compensation and
shall immediately notify the chair in accordance with a form to be
prescribed by him, that the payment of compensation has begun, accompa-
nied by the further statement that the employer or insurance carrier, as
the case may be, will notify the chair when the payment of compensation
has been stopped. NOTWITHSTANDING ANY OTHER CONTRARY PROVISION OF LAW,
THE PENALTIES DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION THREE OF THIS
SECTION SHALL NOT APPLY TO THIS PARAGRAPH.
(d) Whenever for any reason compensation payments cease, the employer
or its insurance carrier shall within sixteen days thereafter, send to
the chair a notice on a form prescribed by the chair that such payment
has been stopped, which notice shall contain the name of the injured
employee or his or her principle dependent, the date of accident, the
date to which compensation has been paid and the whole amount of compen-
sation paid. [In case the employer or its insurance carrier fails so to
notify the chair of the cessation of payments within sixteen days after
the date on which compensation has been paid, the board may impose a
penalty upon such employer or its insurance carrier in the amount of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15147-02-2
S. 8693 2
three hundred dollars, which shall be paid to the claimant. Such penalty
shall be collected in like manner as an award of compensation.]
§ 2. The closing paragraph of paragraph (a) of subdivision 2 of
section 25 of the workers' compensation law, as amended by section 1 of
subpart D of part NNN of chapter 59 of the laws of 2017, is amended to
read as follows:
If the insurance carrier shall fail [either] to [file notice of
controversy or] begin payment of compensation within the prescribed
period or within ten days after receipt of a copy of the notice required
in section one hundred ten of this chapter, whichever period is the
greater, the board may impose a penalty in the amount of three hundred
dollars, which shall be in addition to all other penalties provided for
in this chapter and shall be paid to the claimant. Such penalty shall be
collected in like manner as an award of compensation.
§ 3. Paragraph (g) of subdivision 3 of section 25 of the workers'
compensation law is REPEALED.
§ 4. This act shall take effect immediately.