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This entry was published on 2014-09-22
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Payments from fund
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 6-A
§ 109-c. Payments from fund. 1. The final award for compensation or
death benefits, or installments thereof, or of payment of benefits into
the special funds created under the provisions of subdivisions eight and
nine of section fifteen and section twenty-five-a of this chapter
heretofore or hereafter granted pursuant to this chapter, or the payment
of a claim made against an insured under the employer's liability
insurance portion of the insured's standard New York workers'
compensation and employer's liability insurance policy, which has
remained or shall remain due and unpaid for thirty days, by reason of
default by an insolvent carrier, shall be paid from the fund in the
manner provided in this section. Benefits or compensation pursuant to
the longshore and harbor workers' compensation act shall be payable only
with respect to coverage of risks located or resident in this state;
provided further that the insolvency, bankruptcy or dissolution of the
insured shall effect a termination of security fund benefits provided
hereunder. The chairman or any person in interest may file with the
superintendent of financial services an application for payment of
compensation or death benefits, special fund benefits or liability
claims from the fund on a form to be prescribed and furnished by the
superintendent. If there has been an award, final or otherwise, a
certified copy thereof shall accompany the application. The
superintendent of financial services shall thereupon certify to the
commissioner of taxation and finance such award for payment according to
the terms of the same.

2. Payments from the fund shall be made by the commissioner of
taxation and finance on the said certificate of the superintendent of
financial services, and no payment shall be made by the commissioner of
taxation and finance in excess of the amount certified.

3. Payment of the award from the fund shall not give the fund any
right of recovery against the employer.

4. An employer may pay any such award or part thereof in advance of
payment from the fund and shall thereupon be subrogated to the rights of
the employee or other party in interest against such fund to the extent
of the amount so paid.

5. The commissioner of taxation and finance as custodian of the fund
shall be entitled to recover the sum of all liabilities, including loss
adjustment expenses relating to such liabilities, of such insolvent
carrier assumed by such fund from such carrier, its receiver,
liquidator, rehabilitator or trustee in bankruptcy and may prosecute an
action or other proceedings therefor. All moneys recovered in any such
action or proceedings shall forthwith be placed to the credit of the
fund by the commissioner of taxation and finance to reimburse the fund
to the extent of the moneys so recovered and paid.

6. The provisions of section twenty-six of this chapter shall not
apply in the case of a failure to pay any compensation when due by
reason of the default, after the effective date of this article, of an
insolvent carrier as defined in this article, and the provisions of
section thirty-four of this chapter shall not apply to compensation
insured by any carrier as defined in this article if the compensation is
paid by the fund.