S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4129
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2023
                                ___________
 
 Introduced by M. of A. CONRAD -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation to recoveries
   from a third-party action
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1  and  the  fifth  undesignated  paragraph  of
 subdivision  5  of section 29 of the workers' compensation law, subdivi-
 sion 1 as amended by chapter 805 of the laws  of  1984  and  as  further
 amended  by section 104 of part A of chapter 62 of the laws of 2011, and
 the fifth undesignated paragraph of subdivision 5 as amended by  chapter
 246 of the laws of 1967, are amended to read as follows:
   1.  If  an  employee  entitled  to  compensation under this chapter be
 injured or killed by the negligence or wrong of another not in the  same
 employ, such injured employee, or in case of death, his dependents, need
 not  elect  whether to take compensation and medical benefits under this
 chapter or to pursue his remedy against such other  but  may  take  such
 compensation  and  medical benefits and at any time either prior thereto
 or within six months after the awarding of compensation or  within  nine
 months  after  the  enactment of a law or laws creating, establishing or
 affording a new or additional remedy  or  remedies,  pursue  his  remedy
 against  such  other  subject to the provisions of this chapter. If such
 injured employee, or in case of death, his dependents, take or intend to
 take compensation, and medical benefits in  the  case  of  an  employee,
 under  this  chapter and desire to bring action against such other, such
 action must be commenced not later than six months after the awarding of
 compensation or not later than nine months after the enactment  of  such
 law  or  laws  creating,  establishing  or affording a new or additional
 remedy or remedies and in any event before the expiration  of  one  year
 from  the  date  such  action accrues. In such case, the state insurance
 fund, if compensation be payable therefrom, and  otherwise  the  person,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00799-01-3
              

 A. 4129                             2
 
 association,  corporation or insurance carrier liable for the payment of
 such compensation, as the case may be, shall have a lien on the proceeds
 of any recovery from such other, TO THE EXTENT SUCH RECOVERY IS FOR LOST
 WAGES OR MEDICAL EXPENSES, whether by judgment, settlement or otherwise,
 after  the  deduction  of  the  reasonable  and  necessary expenditures,
 including attorney's fees, incurred in effecting such recovery,  to  the
 extent  of the total amount of compensation awarded under or provided or
 estimated by this chapter for such case and  the  expenses  for  medical
 treatment  paid  or  to  be  paid by it and to such extent such recovery
 shall be deemed for the  benefit  of  such  fund,  person,  association,
 corporation  or  carrier. Should the employee or his dependents secure a
 recovery from such other, whether by judgment, settlement or  otherwise,
 such  employee  or  dependents may apply on notice to such lienor to the
 court in which the third party action was instituted, or to a  court  of
 competent  jurisdiction if no action was instituted, for an order appor-
 tioning the reasonable and necessary expenditures, including  attorneys'
 fees,  incurred  in  effecting such recovery. Such expenditures shall be
 equitably apportioned by the court between the employee  or  his  depen-
 dents and the lienor. Notice of the commencement of such action shall be
 given  within  thirty  days thereafter to the chairman, the employer and
 the insurance carrier upon a form prescribed by the chairman. Any of the
 foregoing providers of compensation and/or medical  benefits  which  has
 recovered  a lien pursuant to the provisions hereof against the recovery
 of a person injured on or after February first, nineteen hundred  seven-
 ty-four  and  before July first, nineteen hundred seventy-eight, through
 the use or operation of a motor vehicle in this state, shall notify such
 person by certified mail in a manner to be approved by the chairman  and
 the  superintendent  of  financial  services of the responsibility of an
 "insurer" (as defined in subsection (g) of  section  five  thousand  one
 hundred  two  of the insurance law), to reimburse such person under such
 circumstances to the extent that  the  recovered  lien  represent  first
 party benefits as defined in article fifty-one of the insurance law.
   A  copy  of the papers to be used on the application to compromise and
 settle the claim must be served as directed by the court or in the  same
 manner  as  provided in the civil practice law and rules for a notice of
 motion upon the commissioners of the state insurance fund or such  offi-
 cer  thereof  designated by them or upon the person, association, corpo-
 ration, or insurance carrier, whose written  approval  would  have  been
 required  to  compromise  such  cause  of  action by the employee or his
 dependents. This notice shall afford  them  the  opportunity  to  submit
 affidavits  and  to be heard by the court on the application. A PETITION
 MAY ALSO BE FILED PURSUANT TO THIS SUBDIVISION ALLOCATING A  PORTION  OF
 THE THIRD-PARTY RECOVERY TO ONLY LOST WAGES AND/OR MEDICAL TREATMENT.
   § 2. This act shall take effect immediately.