Assembly Bill A3293

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3293
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 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] SUCH EMPLOY-
 EE'S dependents, need not elect whether to take compensation and medical
 benefits under this chapter or to pursue [his]  SUCH  EMPLOYEE'S  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] SUCH EMPLOYEE'S remedy against such
 other subject to the provisions of this chapter. If such injured employ-
 ee, or in case of death,  [his]  SUCH  EMPLOYEE'S  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 enact-
 ment 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06763-01-5
              

 A. 3293                             2
 
 insurance  fund, if compensation be payable therefrom, and otherwise the
 person, 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 RECOV-
 ERY IS FOR LOST WAGES OR MEDICAL EXPENSES, whether by judgment,  settle-
 ment  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] SUCH EMPLOYEE'S dependents secure  a  recovery  from  such  other,
 whether  by  judgment,  settlement or otherwise, such employee or depen-
 dents 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 apportioning 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] SUCH EMPLOYEE'S dependents and the
 lienor. Notice of the commencement of such action shall be given  within
 thirty  days  thereafter  to  the [chairman] CHAIR, the employer and the
 insurance carrier upon a form prescribed by the [chairman] CHAIR. 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  seventy-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] CHAIR 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]
 SUCH EMPLOYEE'S dependents. This notice shall afford them  the  opportu-
 nity  to  submit affidavits and to be heard by the court on the applica-
 tion. A PETITION MAY ALSO BE FILED PURSUANT TO THIS SUBDIVISION ALLOCAT-
 ING A PORTION OF THE THIRD-PARTY RECOVERY  TO  ONLY  LOST  WAGES  AND/OR
 MEDICAL TREATMENT.
   § 2. This act shall take effect immediately.