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This entry was published on 2016-04-08
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SECTION 220
Penalties
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 9
§ 220. Penalties. 1. Any employer who fails to make provision for
payment of disability or family leave benefits as required by section
two hundred eleven of this article within ten days following the date on
which such employer becomes a covered employer as defined in section two
hundred two of this article shall be guilty of a misdemeanor and upon
conviction be punishable by a fine of not less than one hundred nor more
than five hundred dollars or imprisonment for not more than one year or
both, except that where any person has previously been convicted of a
failure to make provisions for payment of disability or family leave
benefits within the preceding five years, upon conviction for a second
violation such person shall be fined not less than two hundred fifty nor
more than one thousand two hundred fifty dollars in addition to any
other penalties including fines otherwise provided by law, and upon
conviction for a third or subsequent violation such person may be fined
up to two thousand five hundred dollars in addition to any other
penalties including fines otherwise provided by law. Where the employer
is a corporation, the president, secretary, treasurer, or officers
exercising corresponding functions, shall each be liable under this
section.

2. The chair or any officer of the board designated by him or her,
upon finding that an employer has failed to make provision for the
payment of disability or family leave benefits, shall impose upon such
employer a penalty not in excess of a sum equal to one-half of one per
centum of his or her weekly payroll for the period of such failure and a
further sum not in excess of five hundred dollars, which sums shall be
paid into the fund created under section two hundred fourteen of this
article.

3. If for the purpose of obtaining any benefit or payment under the
provisions of this article, or for the purpose of influencing any
determination regarding any benefit payment, either for himself or
herself or any other person, any person, employee, employer or carrier
wilfully makes a false statement or representation or fails to disclose
a material fact, he or she shall be guilty of a misdemeanor.

4. Whenever a carrier shall fail to make prompt payment of disability
or family leave benefits payable under this article and after hearing
before an officer designated by the chair or a determination by the
chair's designee, pursuant to section two hundred twenty-one of this
article, for that purpose, the chair or designee shall determine that
failure to make such prompt payment was without just cause, the chair or
designee, pursuant to section two hundred twenty-one of this article,
shall collect from the carrier a sum not in excess of twenty-five per
centum of the amount of the benefits as to which the carrier failed to
make payment, which sum shall be credited to the special fund for
disability benefits. In addition, the chair or designee, pursuant to
section two hundred twenty-one of this article, may collect and pay over
to the employee the sum of ten dollars in respect to each week, or
fraction thereof, for which benefits have not been promptly paid.

5. In addition to other penalties herein provided, the chair or
designee shall remove from the list of physicians authorized to render
medical care under the provisions of articles one to eight, inclusive,
of this chapter and from the list of podiatrists authorized to render
podiatric care under section thirteen-k of this chapter, and from the
list of chiropractors authorized to render chiropractic care under
section thirteen-l of this chapter the name of any physician or
podiatrist or chiropractor whom the chair or designee, pursuant to
section two hundred twenty-one of this article, shall find, after
reasonable investigation, has submitted to the employer or carrier or
chair in connection with any claim for disability benefits under this
article, a statement of disability that is not truthful and complete.

6. In addition to other penalties herein provided, any person who for
the purpose of obtaining any benefit or payment under this article or
for the purpose of influencing any determination regarding any benefit
payment, knowingly makes a false statement with regard to a material
fact, shall not be entitled to receive benefits with respect to the
disability claimed or any disability benefits during the period of
twelve calendar months thereafter; but this penalty shall not be applied
more than once with respect to each such offense.

7. All fines imposed under subdivisions one and three of this section,
except as herein otherwise provided, shall be paid directly and
immediately by the officer collecting the same to the chair, and be paid
into the state treasury, provided, however, that all such fines
collected by justices of the peace of towns and police justices of
villages shall be paid to the state comptroller in accordance with the
provisions of section twenty-seven of the town law.

8. (a) The head of a state or municipal department, board, commission
or office authorized or required by law to issue any permit for or in
connection with any work involving the employment of employees in
employment as defined in this article, and notwithstanding any general
or special statute requiring or authorizing the issue of such permits,
shall not issue such permit unless proof duly subscribed by an insurance
carrier is produced in a form satisfactory to the chair, that the
payment of disability benefits and after January first, two thousand
twenty-one, the payment of family leave benefits for all employees has
been secured as provided by this article. Nothing herein, however, shall
be construed as creating any liability on the part of such state or
municipal department, board, commission or office to pay any disability
benefits to any such employee if so employed.

(b) The head of a state or municipal department, board, commission or
office authorized or required by law to enter into any contract for or
in connection with any work involving the employment of employees in
employment as defined in this article, and notwithstanding any general
or special statute requiring or authorizing any such contract, shall not
enter into any such contract unless proof duly subscribed by an
insurance carrier is produced in a form satisfactory to the chair, that
the payment of disability benefits and after January first, two thousand
eighteen, the payment of family leave benefits for all employees has
been secured as provided by this article.