A. 7731--B 2
shall be used by the fund to purchase workers' compensation insurance
for jockeys, apprentice jockeys and exercise persons licensed pursuant
to this article or article four of this chapter who are employees under
section two of the workers' compensation law, AND AT THE ELECTION OF THE
FUND, WITH THE APPROVAL OF THE GAMING COMMISSION, TO SECURE WORKERS'
COMPENSATION INSURANCE FOR LICENSED EMPLOYEES OF LICENSED TRAINERS to
pay for any of its liabilities under section fourteen-a of the workers'
compensation law and to administer the workers' compensation program for
such jockeys, apprentice jockeys [and], exercise persons AND, IF
APPROVED, LICENSED EMPLOYEES OF LICENSED TRAINERS required by this
section and the workers' compensation law.
S 3. Subdivision 12 of section 221 of the racing, pari-mutuel wagering
and breeding law, as amended by chapter 325 of the laws of 2004 and such
section as renumbered by chapter 18 of the laws of 2008, is amended to
read as follows:
12. FOR PURPOSES OF THIS SECTION, THE TERM "LICENSED EMPLOYEES OF
LICENSED TRAINERS" SHALL HAVE THE SAME MEANING AS SUBDIVISION
TWENTY-FOUR OF SECTION TWO OF THE WORKERS' COMPENSATION LAW.
13. The fund and the state racing and wagering board shall have such
power as is necessary to implement the provisions of this section.
S 4. Section 2 of the workers' compensation law is amended by adding a
new subdivision 24 to read as follows:
24. "LICENSED EMPLOYEES OF LICENSED TRAINERS" MEANS ASSISTANT TRAIN-
ERS, FOREMAN, WATCHMEN AND STABLE EMPLOYEES, INCLUDING GROOMS AND
HOT-WALKERS.
S 5. The second undesignated paragraph of subdivision 3 of section 2
of the workers' compensation law, as amended by chapter 392 of the laws
of 2008, is amended to read as follows:
Notwithstanding any other provision of this chapter and for purposes
of this chapter only, "employer" shall mean, with respect to a jockey,
apprentice jockey or exercise person licensed under article two or four
of the racing, pari-mutuel wagering and breeding law, AND, AT THE
ELECTION OF THE NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. AND WITH
THE APPROVAL OF THE GAMING COMMISSION, LICENSED EMPLOYEES OF LICENSED
TRAINERS, performing services for an owner or trainer in connection with
the training or racing of a horse at a facility of a racing association
or corporation subject to article two or four of the racing, pari-mutuel
wagering and breeding law and subject to the jurisdiction of the New
York state [racing and wagering board] GAMING COMMISSION, The New York
Jockey Injury Compensation Fund, Inc. and all owners and trainers who
are licensed or required to be licensed under article two or four of the
racing, pari-mutuel wagering and breeding law at the time of any occur-
rence for which benefits are payable pursuant to this chapter in respect
to the injury or death of such jockey, apprentice jockey [or], exercise
person OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED TRAINER.
S 6. The fifth undesignated paragraph of subdivision 4 of section 2 of
the workers' compensation law, as amended by chapter 169 of the laws of
2007, is amended to read as follows:
Notwithstanding any other provision of this chapter, and for purposes
of this chapter only, a jockey, apprentice jockey or exercise person
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law AND, AT THE ELECTION OF THE NEW YORK JOCKEY INJURY
COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
LICENSED EMPLOYEES OF LICENSED TRAINERS, performing services for an
owner or trainer in connection with the training or racing of a horse at
a facility of a racing association or corporation subject to article two
A. 7731--B 3
or four of the racing, pari-mutuel wagering and breeding law and subject
to the jurisdiction of the New York state [racing and wagering board]
GAMING COMMISSION shall be regarded as the "employee" not solely of such
owner or trainer, but shall instead be conclusively presumed to be the
"employee" of The New York Jockey Injury Compensation Fund, Inc. and
also of all owners and trainers who are licensed or required to be
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law at the time of any occurrence for which benefits are
payable pursuant to this chapter in respect of the injury or death of
such jockey, apprentice jockey [or], exercise person OR, IF APPROVED, A
LICENSED EMPLOYEE OF A LICENSED TRAINER.
S 7. The third undesignated paragraph of subdivision 5 of section 2 of
the workers' compensation law, as amended by chapter 392 of the laws of
2008, is amended to read as follows:
Notwithstanding any other provision of this chapter, and for purposes
of this chapter only, a jockey, apprentice jockey or exercise person
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law AND, AT THE ELECTION OF THE NEW YORK JOCKEY INJURY
COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
LICENSED EMPLOYEES OF LICENSED TRAINERS, performing services for an
owner or trainer in connection with the training or racing of a horse at
a facility of a racing association or corporation subject to article two
or four of the racing, pari-mutuel wagering and breeding law and subject
to the jurisdiction of the New York state [racing and wagering board]
GAMING COMMISSION shall be regarded as in the "employment" not solely of
such owner and trainer, but shall instead be conclusively presumed to be
in the "employment" of The New York Jockey Injury Compensation Fund,
Inc. and of all owners and trainers who are licensed or required to be
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law, at the time of any occurrence for which benefits are
payable pursuant to this chapter in respect of the injury or death of
such jockey, apprentice jockey [or], exercise person OR, IF APPROVED, A
LICENSED EMPLOYEE OF A LICENSED TRAINER. For the purpose of this chap-
ter only, whether a livery driver's performance of covered services, as
those terms are defined in article six-G of the executive law, consti-
tutes "employment" shall be determined in accordance with section eigh-
teen-c of this chapter.
S 8. The opening paragraph of section 11 of the workers' compensation
law, as amended by chapter 169 of the laws of 2007, is amended to read
as follows:
The liability of an employer prescribed by the last preceding section
shall be exclusive and in place of any other liability whatsoever, to
such employee, his or her personal representatives, spouse, parents,
dependents, distributees, or any person otherwise entitled to recover
damages, contribution or indemnity, at common law or otherwise, on
account of such injury or death or liability arising therefrom, except
that if an employer fails to secure the payment of compensation for his
or her injured employees and their dependents as provided in section
fifty of this chapter, an injured employee, or his or her legal repre-
sentative in case of death results from the injury, may, at his or her
option, elect to claim compensation under this chapter, or to maintain
an action in the courts for damages on account of such injury; and in
such an action it shall not be necessary to plead or prove freedom from
contributory negligence nor may the defendant plead as a defense that
the injury was caused by the negligence of a fellow servant nor that the
employee assumed the risk of his or her employment, nor that the injury
A. 7731--B 4
was due to the contributory negligence of the employee. The liability
under this chapter of The New York Jockey Injury Compensation Fund, Inc.
created under section two hundred [thirteen-a] TWENTY-ONE of the racing,
pari-mutuel wagering and breeding law shall be limited to the provision
of workers' compensation coverage to jockeys, apprentice jockeys [and],
exercise persons AND, AT THE ELECTION OF THE NEW YORK JOCKEY INJURY
COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
A LICENSED EMPLOYEE OF A LICENSED TRAINER licensed under article two or
four of the racing, pari-mutuel wagering and breeding law and any statu-
tory penalties resulting from the failure to provide such coverage.
S 9. Subdivision 4 of section 14-a of the workers' compensation law,
as amended by chapter 169 of the laws of 2007, is amended to read as
follows:
4. With respect to a jockey, apprentice jockey or exercise person
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law AND, AT THE ELECTION OF THE NEW YORK JOCKEY INJURY
COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
A LICENSED EMPLOYEE OF A LICENSED TRAINER who, pursuant to section two
of this chapter, is an employee of all owners and trainers licensed or
required to be licensed under article two or four of the racing, pari-
mutuel wagering and breeding law and The New York Jockey Injury Compen-
sation Fund, Inc., the owner or trainer for whom such jockey, apprentice
jockey [or], exercise person OR, IF APPROVED, A LICENSED EMPLOYEE OF A
LICENSED TRAINER was performing services at the time of the accident
shall be solely responsible for the double payments described in subdi-
vision one of this section, to the extent that such payments exceed any
amounts otherwise payable with respect to such jockey, apprentice jockey
[or], exercise person OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED
TRAINER under any other section of this chapter, and the New York Jockey
Injury Compensation Fund, Inc. shall have no responsibility for such
excess payments, unless there shall be a failure of the responsible
owner or trainer to pay such award within the time provided under this
chapter. In the event of such failure to pay and the board requires the
fund to pay the award on behalf of such owner or trainer who has been
found to have violated this section, the fund shall be entitled to an
award against such owner or trainer for the amount so paid which shall
be collected in the same manner as an award of compensation.
S 10. Section 18-a of the workers' compensation law, as amended by
chapter 169 of the laws of 2007, is amended to read as follows:
S 18-a. Notice: The New York Jockey Injury Compensation Fund, Inc.
Wherever in this chapter it shall be required that notice be given to an
employer, except for claims involving section fourteen-a of the workers'
compensation law such notice requirement shall be deemed satisfied by
giving notice to the New York Jockey Injury Compensation Fund, Inc., in
connection with an injury to a jockey, apprentice jockey or exercise
person licensed under article two or four of the racing, pari-mutuel
wagering and breeding law AND, AT THE ELECTION OF THE NEW YORK JOCKEY
INJURY COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING
COMMISSION, A LICENSED EMPLOYEE OF A LICENSED TRAINER, who, pursuant to
section two of this chapter, is an employee of all owners and trainers
licensed or required to be licensed under article two or four of the
racing, pari-mutuel wagering and breeding law and of the fund. In a
claim involving section fourteen-a of the workers' compensation law such
required notice shall be given to the employing owner and/or trainer of
the fund.
A. 7731--B 5
S 11. Subdivision 8 of section 50 of the workers' compensation law, as
amended by chapter 169 of the laws of 2007, is amended to read as
follows:
8. The requirements of section ten of this chapter regarding the
provision of workers' compensation insurance as to owners and trainers
governed by the racing, pari-mutuel wagering and breeding law who are
employers under section two of this chapter are satisfied in full by
compliance with the requirements imposed upon owners and trainers by
section two hundred [thirteen-a] TWENTY-ONE of the racing, pari-mutuel
wagering and breeding law, provided that in the event double compen-
sation, death benefits, or awards are payable with respect to an injured
employee under section fourteen-a of this chapter, the owner or trainer
for whom the injured jockey, apprentice jockey or exercise person
licensed under article two or four of the racing, pari-mutuel wagering
and breeding law AND, AT THE ELECTION OF THE NEW YORK JOCKEY INJURY
COMPENSATION FUND, INC. AND WITH THE APPROVAL OF THE GAMING COMMISSION,
A LICENSED EMPLOYEE OF A LICENSED TRAINER, is performing services as a
jockey, apprentice jockey or exercise person so licensed at the time of
the accident OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED TRAINER
shall bear the sole responsibility for the amount payable pursuant to
such section fourteen-a in excess of the amount otherwise payable under
this chapter, unless there shall be a failure of the responsible owner
or trainer to pay such award within the time provided under this chap-
ter. In the event of such failure to pay and the board requires the fund
to pay the award on behalf of such owner or trainer who has been found
to have violated section fourteen-a OF THIS CHAPTER, the fund shall be
entitled to an award against such owner or trainer for the amount so
paid which shall be collected in the same manner as an award of compen-
sation. Coverage directly procured by any owner or trainer for the
purpose of satisfying the requirements of this chapter with respect to
employees of the owner or trainer shall not include coverage on any
jockey, apprentice jockey or exercise person licensed under article two
or four of the racing, pari-mutuel wagering and breeding law AND, AT THE
ELECTION OF THE NEW YORK JOCKEY INJURY COMPENSATION FUND, INC. AND WITH
THE APPROVAL OF THE GAMING COMMISSION, A LICENSED EMPLOYEE OF A LICENSED
TRAINER, to the extent that such jockey, apprentice jockey [or], exer-
cise person OR, IF APPROVED, A LICENSED EMPLOYEE OF A LICENSED TRAINER
is also covered under coverage procured by The New York Jockey Injury
Compensation Fund, Inc. pursuant to the requirements of section two
hundred [thirteen-a] TWENTY-ONE of the racing, pari-mutuel wagering and
breeding law, and to that extent, coverage procured by the fund pursuant
to the requirements of the racing, pari-mutuel wagering and breeding law
shall be considered primary.
S 12. This act shall take effect immediately.