Assembly Bill A8885

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8885
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the notice
   required for the termination of temporary payments of compensation and
   the notice required for cessation of compensation payments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 3 of section 21-a of the workers' compensation
 law, as amended by chapter 6 of the laws of 2007, is amended to read  as
 follows:
   3. An employer may cease making temporary payments of compensation and
 prescribed medicine if such employer delivers within [five] SIXTEEN days
 after  the last payment, to the injured employee and the board, a notice
 of  termination  of  temporary  payments  of  compensation  on  a   form
 prescribed  by  the board. Such notice shall inform the injured employee
 that the employer is  ceasing  temporary  payment  of  compensation  and
 prescribed medicine. Upon the cessation of temporary payments of compen-
 sation  and  prescribed  medicine, all parties to any action pursuant to
 this chapter shall retain all  rights,  defenses  and  obligations  they
 would  otherwise  have  pursuant  to this chapter without regard for the
 temporary payment of compensation and prescribed medicine.
   § 2.  Subdivision 3 of section 21-a of the workers' compensation  law,
 as amended by section 1 of part CC of chapter 55 of the laws of 2025, is
 amended to read as follows:
   3. An employer may cease making temporary payments of compensation and
 medical  treatment  and  care,  including  prescribed  medicine  if such
 employer delivers within [five] SIXTEEN days after the last payment,  to
 the injured employee and the board, a notice of termination of temporary
 payments  of compensation on a form prescribed by the board. Such notice
 shall inform the injured employee that the employer is ceasing temporary
 payment of  compensation  and  medical  treatment  and  care,  including
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11723-02-5
              

 A. 8885                             2
 
 prescribed medicine. Upon the cessation of temporary payments of compen-
 sation  and  medical  treatment and care, including prescribed medicine,
 all parties to any action pursuant to  this  chapter  shall  retain  all
 rights,  defenses  and obligations they would otherwise have pursuant to
 this chapter without regard for the temporary  payment  of  compensation
 and medical treatment and care, including prescribed medicine.
   §  3.    Paragraph  (d) of subdivision 1 of section 25 of the workers'
 compensation law, as amended by chapter 635 of  the  laws  of  1996,  is
 amended to read as follows:
   (d)  Whenever for any reason compensation payments cease, the employer
 or its insurance carrier shall within [sixteen] THIRTY 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] SUCH EMPLOYEE'S principle dependent,
 the date of accident, the date to which compensation has been  paid  and
 the  whole  amount  of  compensation  paid.  In case the employer or its
 insurance carrier fails so to notify  the  chair  of  the  cessation  of
 payments  within  [sixteen]  THIRTY days after the date on which compen-
 sation has been paid, the board may impose a penalty upon such  employer
 or  its  insurance carrier in the amount of three hundred dollars, which
 shall be paid to the claimant. Such penalty shall be collected  in  like
 manner as an award of compensation.
   §  4.  This act shall take effect immediately; provided, however, that
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as section 1 of part CC of chapter 55 of the laws of 2025,
 takes effect.