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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jan 06, 2020 |
enacting clause stricken |
| Feb 28, 2019 |
referred to labor |
Assembly Bill A6164
2019-2020 Legislative Session
Relates to workers' compensation; repealer
download bill text pdfSponsored By
TITUS
Archive: Last Bill Status - Stricken
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-A6164 (ACTIVE) - Details
2019-A6164 (ACTIVE) - Summary
Relates to workers' compensation; establishes the advisory committee on independent medical examinations to advise, counsel and confer with the chair and executive director on matters of policy in connection with the administration and enforcement of laws and regulations relating to independent medical examinations; establishes within the workers' compensation board an office of the independent medical examination inspector general; relates to cost-of-living adjustments of disability benefits
2019-A6164 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6164
2019-2020 Regular Sessions
I N A S S E M B L Y
February 28, 2019
___________
Introduced by M. of A. TITUS -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, the executive law, the
insurance law, the civil service law and the penal law, in relation to
workers' compensation; and to repeal certain provisions of the work-
ers' compensation law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 10 of the workers' compensation
law is REPEALED.
§ 2. Section 12 of the workers' compensation law, as amended by chap-
ter 500 of the laws of 1965, is amended to read as follows:
§ 12. Compensation not allowed for first seven days. No compensation
shall be allowed for the first seven days of disability, except the
benefits provided for in section thirteen of this chapter, provided,
however, that in case the injury results in disability of more than
[fourteen] SEVEN days, the compensation shall be allowed from the date
of the disability.
§ 3. Subdivision 5 of section 13-a of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
(5) No claim for specialist consultations, surgical operations,
physiotherapeutic or occupational therapy procedures, x-ray examinations
or special diagnostic laboratory tests costing more than [one] TWO thou-
sand dollars shall be valid and enforceable, as against such employer,
unless such special services shall have been authorized by the employer
or by the board, or unless such authorization has been unreasonably
withheld, or withheld for a period of more than [thirty] SEVEN calendar
days from receipt of a request for authorization, or unless such special
services are required in an emergency, provided, however, that the basis
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07704-01-9
A. 6164 2
for a denial of such authorization by the employer must be based on a
conflicting second opinion rendered by a physician authorized by the
board. The board, with the approval of the superintendent of financial
services, shall issue and maintain a list of pre-authorized procedures
under this section. SUCH LIST OF PRE-AUTHORIZED PROCEDURES SHALL BE
ISSUED AND MAINTAINED FOR THE PURPOSE OF EXPEDITING AUTHORIZATION OF
TREATMENT OF INJURED WORKERS. SUCH LIST OF PRE-AUTHORIZED PROCEDURES
SHALL NOT BE CONSTRUED OR RELIED UPON TO SUPPORT THE PREMISE THAT PROCE-
DURES NOT INCLUDED ON THE PRE-AUTHORIZED LIST SHOULD BE DENIED. PRE-AU-
THORIZED PROCEDURES SHALL NOT BE GIVEN PREFERENCE OVER ALTERNATIVE FORMS
OF TREATMENT THAT ARE NOT ON THE PRE-AUTHORIZED PROCEDURES LIST.
§ 4. Paragraph (c) of subdivision 7 of section 13-a of the workers'
compensation law, as added by chapter 6 of the laws of 2007, is amended
to read as follows:
(c) At the time a request for authorization for special diagnostic
tests, x-ray examinations, magnetic resonance imaging or other radiolog-
ical examinations or tests costing more than [one] TWO thousand dollars
as required by subdivision five of this section is approved, the insur-
ance carrier, self-insurer or state insurance fund, or if so delegated
the network with which the insurance carrier, self-insurer or state
insurance fund has contracted, shall notify the physician requesting
authorization of the requirement that the claimant obtain or undergo the
special diagnostic test, x-ray examination, magnetic resonance imaging
or other radiological examination or test with a provider or at a facil-
ity affiliated with the network or networks with which it has
contracted, the contact information for the network and a list of the
providers and facilities within the claimant's geographic location, as
defined by regulation of the board. The claimant, in consultation with
the provider who requested the special diagnostic test, x-ray examina-
tion, magnetic resonance imaging or other radiological test or exam,
will determine the provider or facility from within the network which
will perform such diagnostic test, x-ray examination, magnetic resonance
imaging or other radiological examination or test.
§ 5. Section 2 of the workers' compensation law is amended by adding a
new subdivision 25 to read as follows:
25. "EXAMINER" MEANS AN INDIVIDUAL QUALIFIED AND AUTHORIZED TO PERFORM
INDEPENDENT MEDICAL EXAMINATIONS PURSUANT TO SECTIONS THIRTEEN-B AND
THIRTEEN-BB OF THIS CHAPTER AND REGISTERED WITH THE BOARD PURSUANT TO
SECTION THIRTEEN-BB OF THIS CHAPTER.
§ 6. The workers' compensation law is amended by adding a new section
13-bb to read as follows:
§ 13-BB. REGULATION OF INDEPENDENT MEDICAL EXAMINATIONS. 1. (A) THERE
IS HEREBY ESTABLISHED IN THE WORKERS' COMPENSATION BOARD AN ADVISORY
COMMITTEE ON INDEPENDENT MEDICAL EXAMINATIONS WHICH SHALL CONSIST OF
THREE MEMBERS. ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR; THE CHIEF
EXECUTIVE OFFICERS OF THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-
CONGRESS OF INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF NEW
YORK STATE SHALL BE MEMBERS BY VIRTUE OF THEIR OFFICES. THE CHIEF EXECU-
TIVE OFFICERS OF THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CON-
GRESS OF INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF NEW YORK
STATE MAY DESIGNATE REPRESENTATIVES TO ACT IN THEIR PLACE OR STEAD AND
ON THEIR BEHALF AS MEMBERS OF SUCH ADVISORY COMMITTEE. IN ADDITION, THE
CHAIR, EXECUTIVE DIRECTOR AND THE COMMISSIONER OF LABOR OR THEIR DESIG-
NATED REPRESENTATIVES SHALL BE INVITED TO ATTEND AND PARTICIPATE IN ALL
MEETINGS.
A. 6164 3
(B) IT SHALL BE THE DUTY OF THE ADVISORY COMMITTEE HEREBY ESTABLISHED
TO ADVISE, COUNSEL AND CONFER WITH THE CHAIR AND EXECUTIVE DIRECTOR ON
MATTERS OF POLICY IN CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT
OF LAWS AND REGULATIONS RELATING TO INDEPENDENT MEDICAL EXAMINATIONS.
THE ADVISORY COMMITTEE SHALL SPECIFICALLY EXAMINE THE FREQUENCY OF USE
OF INDEPENDENT MEDICAL EXAMINATIONS, THE QUALIFICATIONS OF EXAMINERS,
THE EXISTENCE OF CONFLICTS OF INTEREST INVOLVING EXAMINERS AND INDEPEND-
ENT MEDICAL EXAMINATION ORGANIZATIONS, THE FREQUENCY WITH WHICH RECOM-
MENDATIONS RESULTING FROM INDEPENDENT MEDICAL EXAMINATIONS ARE INVALI-
DATED OR AMENDED AND THE ADEQUACY OF CONTINUING EDUCATION PROGRAMS FOR
EXAMINERS TO ENSURE THAT USE OF INDEPENDENT MEDICAL EXAMINATIONS IS NOT
ADVERSELY IMPACTING THE TIMELINESS OR QUALITY OF CARE INJURED WORKERS
RECEIVE. THE ADVISORY COMMITTEE SHALL REVIEW EXISTING AND PROPOSED STATE
LAWS AND REGULATIONS PERTAINING TO INDEPENDENT MEDICAL EXAMINATIONS AND
RECOMMEND TO THE CHAIR, EXECUTIVE DIRECTOR AND THE CHAIRPERSONS OF THE
ASSEMBLY AND SENATE STANDING COMMITTEES ON LABOR AND INSURANCE, NECES-
SARY CHANGES OR ADDITIONS TO LAWS, REGULATIONS AND BOARD PROGRAMS TO
IMPROVE MEDICAL CARE FOR INJURED WORKERS, THE EFFECTIVENESS OF THE
BOARD'S REGULATION OF INDEPENDENT MEDICAL EXAMINATIONS, EXAMINERS AND
INDEPENDENT MEDICAL EXAMINATION ORGANIZATIONS AND ENFORCEMENT ACTIV-
ITIES. THE COMMITTEE SHALL REVIEW AND REVOKE AUTHORIZATIONS OF INDIVID-
UAL EXAMINERS IF SUCH EXAMINERS EXHIBIT BIAS, CONFLICTS OF INTEREST OR
OTHERWISE FAIL TO UPHOLD THEIR OBLIGATIONS UNDER THIS CHAPTER.
(C) THE CHAIR SHALL ASSIGN STAFF TO ASSIST THE ADVISORY COMMITTEE AS
NECESSARY AND SHALL PROVIDE NECESSARY INFORMATION AND SPACE FOR MEETINGS
OF THE ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL KEEP A RECORD OF
ITS MEETINGS AND RECOMMENDATIONS.
(D) THE ADVISORY COMMITTEE SHALL MEET AT THE CALL OF THE CHAIR OR ANY
MEMBER AND AT SUCH OTHER TIMES AS IT MAY DEEM NECESSARY AND AT SUCH
PLACES AS MAY BE CONVENIENT. IN ANY EVENT, MEETINGS SHALL BE HELD AT
LEAST ONCE PER STATE FISCAL QUARTER. AN INITIAL MEETING SHALL BE HELD
WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
2. ALL EXAMINERS AND ALL INDIVIDUALS WITH OWNERSHIP INTERESTS IN INDE-
PENDENT MEDICAL EXAMINATION ORGANIZATIONS MUST FILE STATEMENTS OF FINAN-
CIAL DISCLOSURE WITH THE BOARD ON AN ANNUAL BASIS AS DESCRIBED IN SUBDI-
VISION FOUR OF THIS SECTION.
3. THE ANNUAL STATEMENT OF FINANCIAL DISCLOSURE SHALL CONTAIN THE
FOLLOWING INFORMATION AND SHALL BE IN THE FORM SET FORTH BELOW:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (FOR CALENDAR YEAR)
1. NAME
2. (A) CHECK ONE
( ) EXAMINER
( ) OWNER OF INDEPENDENT MEDICAL EXAMINATION ORGANIZATION
NAME AND ADDRESS OF INDEPENDENT MEDICAL EXAMINATION
ORGANIZATION
________________________________________________________________________
________________________________________________________________________
(B) ADDRESS OF PRESENT OFFICE
(C) OFFICE TELEPHONE NUMBER
3. (A) MARITAL STATUS
IF MARRIED, PLEASE GIVE SPOUSE'S FULL NAME INCLUDING MAIDEN NAME WHERE
APPLICABLE.
(B) LIST THE NAMES OF ALL UNEMANCIPATED CHILDREN.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
A. 6164 4
ANSWER EACH OF THE FOLLOWING QUESTIONS COMPLETELY, WITH RESPECT TO
CALENDAR YEAR , UNLESS ANOTHER PERIOD OR DATE IS OTHERWISE SPECI-
FIED. IF ADDITIONAL SPACE IS NEEDED, ATTACH ADDITIONAL PAGES.
WHENEVER A "VALUE" OR "AMOUNT" IS REQUIRED TO BE REPORTED HEREIN, SUCH
VALUE OR AMOUNT SHALL BE REPORTED AS BEING WITHIN ONE OF THE FOLLOWING
CATEGORIES IN TABLE I OR TABLE II OF THIS SUBDIVISION AS CALLED FOR IN
THE QUESTION: A REPORTING INDIVIDUAL SHALL INDICATE THE CATEGORY BY
LETTER ONLY. WHENEVER "INCOME" IS REQUIRED TO BE REPORTED HEREIN, THE
TERM "INCOME" SHALL MEAN THE AGGREGATE NET INCOME BEFORE TAXES FROM THE
SOURCE IDENTIFIED. THE TERM "CALENDAR YEAR" SHALL MEAN THE YEAR ENDING
THE DECEMBER 31ST PRECEDING THE DATE OF FILING OF THE ANNUAL STATEMENT.
4. (A) LIST ANY OFFICE, TRUSTEESHIP, DIRECTORSHIP, PARTNERSHIP, OR POSI-
TION OF ANY NATURE, WHETHER COMPENSATED OR NOT, HELD BY THE REPORTING
INDIVIDUAL WITH ANY FIRM, CORPORATION, ASSOCIATION, PARTNERSHIP, OR
OTHER ORGANIZATION. INCLUDE COMPENSATED HONORARY POSITIONS; DO NOT LIST
MEMBERSHIP OR UNCOMPENSATED HONORARY POSITIONS.
POSITION ORGANIZATION
________________________________________________________________________
________________________________________________________________________
(B) LIST ANY OFFICE, TRUSTEESHIP, DIRECTORSHIP, PARTNERSHIP, OR POSITION
OF ANY NATURE, WHETHER COMPENSATED OR NOT, HELD BY THE SPOUSE OR UNEMAN-
CIPATED CHILD OF THE REPORTING INDIVIDUAL, WITH ANY FIRM, CORPORATION,
ASSOCIATION, PARTNERSHIP, OR OTHER ORGANIZATION. INCLUDE COMPENSATED
HONORARY POSITIONS; DO NOT LIST MEMBERSHIP OR UNCOMPENSATED HONORARY
POSITIONS.
POSITION ORGANIZATION
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
5. LIST THE NAME, ADDRESS AND DESCRIPTION OF ANY OCCUPATION, EMPLOYMENT
(OTHER THAN THE EMPLOYMENT LISTED UNDER ITEM 2 ABOVE), TRADE, BUSINESS
OR PROFESSION ENGAGED IN BY THE REPORTING INDIVIDUAL.
NAME & ADDRESS OF ORGANIZATION POSITION DESCRIPTION
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
6. LIST EACH SOURCE OF GIFTS IN EXCESS OF $500, RECEIVED DURING THE
REPORTING PERIOD FOR WHICH THIS STATEMENT IS FILED BY THE REPORTING
INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE OR UNEMANCIPATED CHILD FROM THE
SAME DONOR, EXCLUDING GIFTS FROM A RELATIVE. INCLUDE THE NAME AND
ADDRESS OF THE DONOR. THE TERM "GIFTS" DOES NOT INCLUDE REIMBURSEMENTS,
WHICH TERM IS DEFINED IN ITEM 7. INDICATE THE VALUE AND NATURE OF EACH
SUCH GIFT.
CATEGORY SELF, SPOUSE OR NAME OF NATURE OF VALUE OF
CHILD DONOR GIFT GIFT
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
7. IDENTIFY AND BRIEFLY DESCRIBE THE SOURCE OF ANY REIMBURSEMENTS FOR
EXPENDITURES, IN EXCESS OF $250 FROM EACH SUCH SOURCE. FOR PURPOSES OF
THIS ITEM, THE TERM "REIMBURSEMENTS" SHALL MEAN ANY TRAVEL-RELATED
EXPENSES PROVIDED BY SOURCES AND FOR ACTIVITIES RELATED TO THE REPORTING
INDIVIDUAL'S OFFICIAL DUTIES SUCH AS, SPEAKING ENGAGEMENTS, CONFERENCES,
A. 6164 5
OR FACT FINDING EVENTS. THE TERM "REIMBURSEMENTS" DOES NOT INCLUDE GIFTS
REPORTED UNDER ITEM 6.
SOURCE DESCRIPTION
________________________________________________________________________
________________________________________________________________________
8. LIST THE IDENTITY AND VALUE, IF REASONABLY ASCERTAINABLE, OF EACH
INTEREST IN A TRUST, ESTATE OR OTHER BENEFICIAL INTEREST, INCLUDING
RETIREMENT PLANS, AND DEFERRED COMPENSATION PLANS (E.G. 401, 403(B),
457, ETC.) ESTABLISHED IN ACCORDANCE WITH THE INTERNAL REVENUE CODE, IN
WHICH THE REPORTING INDIVIDUAL HELD A BENEFICIAL INTEREST IN EXCESS OF
$1,000 AT ANY TIME DURING THE PRECEDING YEAR. DO NOT REPORT INTERESTS IN
A TRUST, ESTATE OR OTHER BENEFICIAL INTEREST ESTABLISHED BY OR FOR, OR
THE ESTATE OF, A RELATIVE.
IDENTITY CATEGORY OF VALUE* (IN TABLE II)
________________________________________________________________________
________________________________________________________________________
* THE VALUE OF SUCH INTEREST SHALL BE REPORTED ONLY IF REASONABLY
ASCERTAINABLE.
9. LIST BELOW THE NATURE AND AMOUNT OF ANY INCOME IN EXCESS OF $500 FROM
EACH SOURCE FOR THE REPORTING INDIVIDUAL AND SUCH INDIVIDUAL'S SPOUSE
FOR THE TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING. EACH
SUCH SOURCE MUST BE DESCRIBED WITH PARTICULARITY. INCOME INCLUDES, BUT
IS NOT LIMITED TO, ALL INCOME (OTHER THAN THAT RECEIVED FROM THE EMPLOY-
MENT LISTED UNDER ITEM 2 ABOVE) FROM COMPENSATED EMPLOYMENT WHETHER
PUBLIC OR PRIVATE, DIRECTORSHIPS AND OTHER FIDUCIARY POSITIONS, CONTRAC-
TUAL ARRANGEMENTS, TEACHING INCOME, PARTNERSHIPS, HONORARIUMS, LECTURE
FEES, CONSULTANT FEES, BANK AND BOND INTEREST, DIVIDENDS, INCOME DERIVED
FROM A TRUST, REAL ESTATE RENTS, AND RECOGNIZED GAINS FROM THE SALE OR
EXCHANGE OF REAL OR OTHER PROPERTY. INCOME FROM A BUSINESS OR PROFESSION
AND REAL ESTATE RENTS SHALL BE REPORTED WITH THE SOURCE IDENTIFIED BY
THE BUILDING ADDRESS IN THE CASE OF REAL ESTATE RENTS AND OTHERWISE BY
THE NAME OF THE ENTITY AND NOT BY THE NAME OF THE INDIVIDUAL CUSTOMERS,
CLIENTS OR TENANTS, WITH THE AGGREGATE NET INCOME BEFORE TAXES FOR EACH
BUILDING ADDRESS OR ENTITY. THE RECEIPT OF MAINTENANCE RECEIVED IN
CONNECTION WITH A MATRIMONIAL ACTION, ALIMONY AND CHILD SUPPORT PAYMENTS
SHALL NOT BE LISTED.
SELF/ CATEGORY SPOUSE
SOURCE NATURE OF INCOME OF AMOUNT (IN TABLE I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
10. LIST THE SOURCES OF ANY DEFERRED INCOME (NOT RETIREMENT INCOME) IN
EXCESS OF $500 FROM EACH SOURCE TO BE PAID TO THE REPORTING INDIVIDUAL
FOLLOWING THE CLOSE OF THE CALENDAR YEAR FOR WHICH THIS DISCLOSURE
STATEMENT IS FILED, OTHER THAN DEFERRED COMPENSATION REPORTED IN ITEM 8
HEREINABOVE. DEFERRED INCOME DERIVED FROM THE PRACTICE OF A PROFESSION
SHALL BE LISTED IN THE AGGREGATE AND SHALL IDENTIFY AS THE SOURCE, THE
NAME OF THE FIRM, CORPORATION, PARTNERSHIP OR ASSOCIATION THROUGH WHICH
THE INCOME WAS DERIVED, BUT SHALL NOT IDENTIFY INDIVIDUAL CLIENTS.
SELF/ CATEGORY SPOUSE
SOURCE NATURE OF INCOME OF AMOUNT (IN TABLE I)
________________________________________________________________________
________________________________________________________________________
A. 6164 6
________________________________________________________________________
________________________________________________________________________
11. LIST EACH ASSIGNMENT OF INCOME IN EXCESS OF $500, AND EACH TRANSFER
OTHER THAN TO A RELATIVE DURING THE REPORTING PERIOD FOR WHICH THIS
STATEMENT IS FILED FOR LESS THAN FAIR CONSIDERATION OF AN INTEREST IN A
TRUST, ESTATE OR OTHER BENEFICIAL INTEREST, SECURITIES OR REAL PROPERTY,
BY THE REPORTING INDIVIDUAL, IN EXCESS OF $500, WHICH WOULD OTHERWISE BE
REQUIRED TO BE REPORTED HEREIN AND IS NOT OR HAS NOT BEEN SO REPORTED.
CATEGORY
SOURCE ITEM ASSIGNED OF VALUE (IN TABLE I)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
12. LIST BELOW THE TYPE AND MARKET VALUE OF SECURITIES HELD BY THE
REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE FROM EACH ISSUING ENTI-
TY IN EXCESS OF $1,000 AT THE CLOSE OF THE TAXABLE YEAR LAST OCCURRING
PRIOR TO THE DATE OF FILING, INCLUDING THE NAME OF THE ISSUING ENTITY
EXCLUSIVE OF SECURITIES HELD BY THE REPORTING INDIVIDUAL ISSUED BY A
PROFESSIONAL CORPORATION. WHENEVER AN INTEREST IN SECURITIES EXISTS
THROUGH A BENEFICIAL INTEREST IN A TRUST, THE SECURITIES HELD IN SUCH
TRUST SHALL BE LISTED ONLY IF THE REPORTING INDIVIDUAL HAS KNOWLEDGE
THEREOF EXCEPT WHERE THE REPORTING INDIVIDUAL OR THE REPORTING INDIVID-
UAL'S SPOUSE HAS TRANSFERRED ASSETS TO SUCH TRUST FOR HIS OR HER BENEFIT
IN WHICH EVENT SUCH SECURITIES SHALL BE LISTED UNLESS THEY ARE NOT
ASCERTAINABLE BY THE REPORTING INDIVIDUAL BECAUSE THE TRUSTEE IS UNDER
AN OBLIGATION NOT TO DISCLOSE THE CONTENTS OF THE TRUST TO THE REPORTING
INDIVIDUAL. SECURITIES OF WHICH THE REPORTING INDIVIDUAL OR THE REPORT-
ING INDIVIDUAL'S SPOUSE IS THE OWNER OF RECORD BUT IN WHICH SUCH INDI-
VIDUAL OR THE REPORTING INDIVIDUAL'S SPOUSE HAS NO BENEFICIAL INTEREST
SHALL NOT BE LISTED. INDICATE PERCENTAGE OF OWNERSHIP ONLY IF THE
REPORTING PERSON OR THE REPORTING PERSON'S SPOUSE HOLDS MORE THAN FIVE
PERCENT (5%) OF THE STOCK OF A CORPORATION IN WHICH THE STOCK IS PUBLIC-
LY TRADED OR MORE THAN TEN PERCENT (10%) OF THE STOCK OF A CORPORATION
IN WHICH THE STOCK IS NOT PUBLICLY TRADED. ALSO LIST SECURITIES OWNED
FOR INVESTMENT PURPOSES BY A CORPORATION MORE THAN FIFTY PERCENT (50%)
OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY THE REPORTING INDIVIDUAL
OR SUCH INDIVIDUAL'S SPOUSE. FOR THE PURPOSE OF THIS ITEM, THE TERM
"SECURITIES" SHALL MEAN MUTUAL FUNDS, BONDS, MORTGAGES, NOTES, OBLI-
GATIONS, WARRANTS AND STOCKS OF ANY CLASS, INVESTMENT INTERESTS IN
LIMITED OR GENERAL PARTNERSHIPS AND CERTIFICATES OF DEPOSITS (CDS) AND
SUCH OTHER EVIDENCES OF INDEBTEDNESS AND CERTIFICATES OF INTEREST AS ARE
USUALLY REFERRED TO AS SECURITIES. THE MARKET VALUE FOR SUCH SECURITIES
SHALL BE REPORTED ONLY IF REASONABLY ASCERTAINABLE AND SHALL NOT BE
REPORTED IF THE SECURITY IS AN INTEREST IN A GENERAL PARTNERSHIP THAT
WAS LISTED ABOVE OR IF THE SECURITY IS CORPORATE STOCK, NOT PUBLICLY
TRADED, IN A TRADE OR BUSINESS OF A REPORTING INDIVIDUAL OR A REPORTING
INDIVIDUAL'S SPOUSE.
SELF/ ISSUING TYPE OF PERCENTAGE OF CATEGORY OF VALUE
SPOUSE ENTITY SECURITY OWNERSHIP (IN TABLE II)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
13. LIST BELOW THE LOCATION, SIZE, GENERAL NATURE, ACQUISITION DATE,
MARKET VALUE AND PERCENTAGE OF OWNERSHIP OF ANY REAL PROPERTY IN WHICH
ANY VESTED OR CONTINGENT INTEREST IN EXCESS OF $1,000 IS HELD BY THE
A. 6164 7
REPORTING INDIVIDUAL OR THE REPORTING INDIVIDUAL'S SPOUSE. ALSO LIST
REAL PROPERTY OWNED FOR INVESTMENT PURPOSES BY A CORPORATION MORE THAN
FIFTY PERCENT (50%) OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY THE
REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE. DO NOT LIST ANY REAL
PROPERTY WHICH IS THE PRIMARY OR SECONDARY PERSONAL RESIDENCE OF THE
REPORTING INDIVIDUAL OR THE REPORTING INDIVIDUAL'S SPOUSE, EXCEPT WHERE
THERE IS A CO-OWNER WHO IS OTHER THAN A RELATIVE.
SELF/ LOCATION PERCENTAGE GENERAL ACQUISITION CATEGORY OF MARKET
SPOUSE SIZE OF OWNERSHIP NATURE DATE VALUE
(IN TABLE II)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
14. LIST BELOW ALL NOTES AND ACCOUNTS RECEIVABLE, OTHER THAN FROM GOODS
OR SERVICES SOLD, HELD BY THE REPORTING INDIVIDUAL AT THE CLOSE OF THE
TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING AND OTHER DEBTS
OWED TO SUCH INDIVIDUAL AT THE CLOSE OF THE TAXABLE YEAR LAST OCCURRING
PRIOR TO THE DATE OF FILING, IN EXCESS OF $500, INCLUDING THE NAME OF
THE DEBTOR, TYPE OF OBLIGATION, DATE DUE AND THE NATURE OF THE COLLAT-
ERAL SECURING PAYMENT OF EACH, IF ANY, EXCLUDING SECURITIES REPORTED
ABOVE. DEBTS, NOTES AND ACCOUNTS RECEIVABLE OWED TO THE INDIVIDUAL BY A
RELATIVE SHALL NOT BE REPORTED.
NAME OF TYPE OF DATE NATURE OF CATEGORY OF
DEBTOR OBLIGATION DUE COLLATERAL AMOUNT (IN TABLE II)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
15. LIST BELOW ALL LIABILITIES OF THE REPORTING INDIVIDUAL AND SUCH
INDIVIDUAL'S SPOUSE, IN EXCESS OF $2,500 AS OF THE DATE OF FILING OF
THIS STATEMENT, OTHER THAN LIABILITIES TO A RELATIVE. DO NOT LIST
LIABILITIES INCURRED BY, OR GUARANTEES MADE BY, THE REPORTING INDIVIDUAL
OR SUCH INDIVIDUAL'S SPOUSE OR BY ANY PROPRIETORSHIP, PARTNERSHIP OR
CORPORATION IN WHICH THE REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S
SPOUSE HAS AN INTEREST, WHEN INCURRED OR MADE IN THE ORDINARY COURSE OF
THE TRADE, BUSINESS OR PROFESSIONAL PRACTICE OF THE REPORTING INDIVIDUAL
OR SUCH INDIVIDUAL'S SPOUSE. INCLUDE THE NAME OF THE CREDITOR AND ANY
COLLATERAL PLEDGED BY SUCH INDIVIDUAL TO SECURE PAYMENT OF ANY SUCH
LIABILITY. A REPORTING INDIVIDUAL SHALL NOT LIST ANY OBLIGATION TO PAY
MAINTENANCE IN CONNECTION WITH A MATRIMONIAL ACTION, ALIMONY OR CHILD
SUPPORT PAYMENTS. ANY LOAN ISSUED IN THE ORDINARY COURSE OF BUSINESS BY
A FINANCIAL INSTITUTION TO FINANCE EDUCATIONAL COSTS, THE COST OF HOME
PURCHASE OR IMPROVEMENTS FOR A PRIMARY OR SECONDARY RESIDENCE, OR
PURCHASE OF A PERSONALLY OWNED MOTOR VEHICLE, HOUSEHOLD FURNITURE OR
APPLIANCES SHALL BE EXCLUDED. IF ANY SUCH REPORTABLE LIABILITY HAS BEEN
GUARANTEED BY ANY THIRD PERSON, LIST THE LIABILITY AND NAME THE GUARAN-
TOR.
CATEGORY
NAME OF CREDITOR TYPE COLLATERAL, CATEGORY OF
OR GUARANTOR OF LIABILITY OF IF ANY AMOUNT (IN TABLE II)
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
THE REQUIREMENTS OF LAW RELATING TO THE REPORTING OF FINANCIAL INTERESTS
A. 6164 8
ARE IN THE PUBLIC INTEREST AND NO ADVERSE INFERENCE OF UNETHICAL OR
ILLEGAL CONDUCT OR BEHAVIOR WILL BE DRAWN MERELY FROM COMPLIANCE WITH
THESE REQUIREMENTS.
(SIGNATURE OF REPORTING INDIVIDUAL) DATE (MONTH/DAY/YEAR)
TABLE I
CATEGORY A NONE
CATEGORY B $ 1 TO UNDER $ 1,000
CATEGORY C $ 1,000 TO UNDER $ 5,000
CATEGORY D $ 5,000 TO UNDER $ 20,000
CATEGORY E $ 20,000 TO UNDER $ 50,000
CATEGORY F $ 50,000 TO UNDER $ 75,000
CATEGORY G $ 75,000 TO UNDER $ 100,000
CATEGORY H $ 100,000 TO UNDER $ 150,000
CATEGORY I $ 150,000 TO UNDER $ 250,000
CATEGORY J $ 250,000 TO UNDER $ 350,000
CATEGORY K $ 350,000 TO UNDER $ 450,000
CATEGORY L $ 450,000 TO UNDER $ 550,000
CATEGORY M $ 550,000 TO UNDER $ 650,000
CATEGORY N $ 650,000 TO UNDER $ 750,000
CATEGORY O $ 750,000 TO UNDER $ 850,000
CATEGORY P $ 850,000 TO UNDER $ 950,000
CATEGORY Q $ 950,000 TO UNDER $ 1,050,000
CATEGORY R $ 1,050,000 TO UNDER $ 1,150,000
CATEGORY S $1,150,000 TO UNDER $1,250,000
CATEGORY T $1,250,000 TO UNDER $1,350,000
CATEGORY U $1,350,000 TO UNDER $1,450,000
CATEGORY V $1,450,000 TO UNDER $1,550,000
CATEGORY W $1,550,000 TO UNDER $1,650,000
CATEGORY X $1,650,000 TO UNDER $1,750,000
CATEGORY Y $1,750,000 TO UNDER $1,850,000
CATEGORY Z $1,850,000 TO UNDER $1,950,000
CATEGORY AA $1,950,000 TO UNDER $2,050,000
CATEGORY BB $2,050,000 TO UNDER $2,150,000
CATEGORY CC $2,150,000 TO UNDER $2,250,000
CATEGORY DD $2,250,000 TO UNDER $2,350,000
CATEGORY EE $2,350,000 TO UNDER $2,450,000
CATEGORY FF $2,450,000 TO UNDER $2,550,000
CATEGORY GG $2,550,000 TO UNDER $2,650,000
CATEGORY HH $2,650,000 TO UNDER $2,750,000
CATEGORY II $2,750,000 TO UNDER $2,850,000
CATEGORY JJ $2,850,000 TO UNDER $2,950,000
CATEGORY KK $2,950,000 TO UNDER $3,050,000
CATEGORY LL $3,050,000 TO UNDER $3,150,000
CATEGORY MM $3,150,000 TO UNDER $3,250,000
CATEGORY NN $3,250,000 TO UNDER $3,350,000
CATEGORY OO $3,350,000 TO UNDER $3,450,000
CATEGORY PP $3,450,000 TO UNDER $3,550,000
CATEGORY QQ $3,550,000 TO UNDER $3,650,000
CATEGORY RR $3,650,000 TO UNDER $3,750,000
CATEGORY SS $3,750,000 TO UNDER $3,850,000
CATEGORY TT $3,850,000 TO UNDER $3,950,000
CATEGORY UU $3,950,000 TO UNDER $4,050,000
CATEGORY VV $4,050,000 TO UNDER $4,150,000
CATEGORY WW $4,150,000 TO UNDER $4,250,000
CATEGORY XX $4,250,000 TO UNDER $4,350,000
CATEGORY YY $4,350,000 TO UNDER $4,450,000
A. 6164 9
CATEGORY ZZ $4,450,000 TO UNDER $4,550,000
CATEGORY AAA $4,550,000 TO UNDER $4,650,000
CATEGORY BBB $4,650,000 TO UNDER $4,750,000
CATEGORY CCC $4,750,000 TO UNDER $4,850,000
CATEGORY DDD $4,850,000 TO UNDER $4,950,000
CATEGORY EEE $4,950,000 TO UNDER $5,050,000
CATEGORY FFF $5,050,000 TO UNDER $5,150,000
CATEGORY GGG $5,150,000 TO UNDER $5,250,000
CATEGORY HHH $5,250,000 TO UNDER $5,350,000
CATEGORY III $5,350,000 TO UNDER $5,450,000
CATEGORY JJJ $5,450,000 TO UNDER $5,550,000
CATEGORY KKK $5,550,000 TO UNDER $5,650,000
CATEGORY LLL $5,650,000 TO UNDER $5,750,000
CATEGORY MMM $5,750,000 TO UNDER $5,850,000
CATEGORY NNN $5,850,000 TO UNDER $5,950,000
CATEGORY OOO $5,950,000 TO UNDER $6,050,000
CATEGORY PPP $6,050,000 TO UNDER $6,150,000
CATEGORY QQQ $6,150,000 TO UNDER $6,250,000
CATEGORY RRR $6,250,000 TO UNDER $6,350,000
CATEGORY SSS $6,350,000 TO UNDER $6,450,000
CATEGORY TTT $6,450,000 TO UNDER $6,550,000
CATEGORY UUU $6,550,000 TO UNDER $6,650,000
CATEGORY VVV $6,650,000 TO UNDER $6,750,000
CATEGORY WWW $6,750,000 TO UNDER $6,850,000
CATEGORY XXX $6,850,000 TO UNDER $6,950,000
CATEGORY YYY $6,950,000 TO UNDER $7,050,000
CATEGORY ZZZ $7,050,000 TO UNDER $7,150,000
CATEGORY AAAA $7,150,000 TO UNDER $7,250,000
CATEGORY BBBB $7,250,000 TO UNDER $7,350,000
CATEGORY CCCC $7,350,000 TO UNDER $7,450,000
CATEGORY DDDD $7,450,000 TO UNDER $7,550,000
CATEGORY EEEE $7,550,000 TO UNDER $7,650,000
CATEGORY FFFF $7,650,000 TO UNDER $7,750,000
CATEGORY GGGG $7,750,000 TO UNDER $7,850,000
CATEGORY HHHH $7,850,000 TO UNDER $7,950,000
CATEGORY IIII $7,950,000 TO UNDER $8,050,000
CATEGORY JJJJ $8,050,000 TO UNDER $8,150,000
CATEGORY KKKK $8,150,000 TO UNDER $8,250,000
CATEGORY LLLL $8,250,000 TO UNDER $8,350,000
CATEGORY MMMM $8,350,000 TO UNDER $8,450,000
CATEGORY NNNN $8,450,000 TO UNDER $8,550,000
CATEGORY OOOO $8,550,000 TO UNDER $8,650,000
CATEGORY PPPP $8,650,000 TO UNDER $8,750,000
CATEGORY QQQQ $8,750,000 TO UNDER $8,850,000
CATEGORY RRRR $8,850,000 TO UNDER $8,950,000
CATEGORY SSSS $8,950,000 TO UNDER $9,050,000
CATEGORY TTTT $9,050,000 TO UNDER $9,150,000
CATEGORY UUUU $9,150,000 TO UNDER $9,250,000
CATEGORY VVVV $9,250,000 TO UNDER $9,350,000
CATEGORY WWWW $9,350,000 TO UNDER $9,450,000
CATEGORY XXXX $9,450,000 TO UNDER $9,550,000
CATEGORY YYYY $9,550,000 TO UNDER $9,650,000
CATEGORY ZZZZ $9,650,000 TO UNDER $9,750,000
CATEGORY AAAAA $9,750,000 TO UNDER $9,850,000
CATEGORY BBBBB $9,850,000 TO UNDER $9,950,000
CATEGORY CCCCC $9,950,000 TO UNDER $10,000,000
A. 6164 10
CATEGORY DDDDD $10,000,000 OR OVER
TABLE II
CATEGORY A NONE
CATEGORY B $1 TO UNDER $1,000
CATEGORY C $1,000 TO UNDER $5,000
CATEGORY D $5,000 TO UNDER $20,000
CATEGORY E $20,000 TO UNDER $50,000
CATEGORY F $50,000 TO UNDER $75,000
CATEGORY G $75,000 TO UNDER $100,000
CATEGORY H $100,000 TO UNDER $150,000
CATEGORY I $150,000 TO UNDER $250,000
CATEGORY J $250,000 TO UNDER $500,000
CATEGORY K $500,000 TO UNDER $750,000
CATEGORY L $750,000 TO UNDER $1,000,000
CATEGORY M $1,000,000 TO UNDER $1,250,000
CATEGORY N $1,250,000 TO UNDER $1,500,000
CATEGORY O $1,500,000 TO UNDER $1,750,000
CATEGORY P $1,750,000 TO UNDER $2,000,000
CATEGORY Q $2,000,000 TO UNDER $2,250,000
CATEGORY R $2,250,000 TO UNDER $2,500,000
CATEGORY S $2,500,000 TO UNDER $2,750,000
CATEGORY T $2,750,000 TO UNDER $3,000,000
CATEGORY U $3,000,000 TO UNDER $3,250,000
CATEGORY V $3,250,000 TO UNDER $3,500,000
CATEGORY W $3,500,000 TO UNDER $3,750,000
CATEGORY X $3,750,000 TO UNDER $4,000,000
CATEGORY Y $4,000,000 TO UNDER $4,250,000
CATEGORY Z $4,250,000 TO UNDER $4,500,000
CATEGORY AA $4,500,000 TO UNDER $4,750,000
CATEGORY BB $4,750,000 TO UNDER $5,000,000
CATEGORY CC $5,000,000 TO UNDER $5,250,000
CATEGORY DD $5,250,000 TO UNDER $5,500,000
CATEGORY EE $5,500,000 TO UNDER $5,750,000
CATEGORY FF $5,750,000 TO UNDER $6,000,000
CATEGORY GG $6,000,000 TO UNDER $6,250,000
CATEGORY HH $6,250,000 TO UNDER $6,500,000
CATEGORY II $6,500,000 TO UNDER $6,750,000
CATEGORY JJ $6,750,000 TO UNDER $7,000,000
CATEGORY KK $7,000,000 TO UNDER $7,250,000
CATEGORY LL $7,250,000 TO UNDER $7,500,000
CATEGORY MM $7,500,000 TO UNDER $7,750,000
CATEGORY NN $7,750,000 TO UNDER $8,000,000
CATEGORY OO $8,000,000 TO UNDER $8,250,000
CATEGORY PP $8,250,000 TO UNDER $8,500,000
CATEGORY QQ $8,500,000 TO UNDER $8,750,000
CATEGORY RR $8,750,000 TO UNDER $9,000,000
CATEGORY SS $9,000,000 TO UNDER $9,250,000
CATEGORY TT $9,250,000 TO UNDER $9,500,000
CATEGORY UU $9,500,000 OR OVER
4. A REPORTING INDIVIDUAL WHO KNOWINGLY AND WILLFULLY FAILS TO FILE AN
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE OR WHO KNOWINGLY AND WILLFULLY
WITH INTENT TO DECEIVE MAKES A FALSE STATEMENT OR GIVES INFORMATION
WHICH SUCH INDIVIDUAL KNOWS TO BE FALSE ON SUCH STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS. ASSESSMENT
OF A CIVIL PENALTY HEREUNDER SHALL BE MADE BY THE BOARD.
A. 6164 11
THE BOARD MAY IN LIEU OF OR IN ADDITION TO A CIVIL PENALTY, REFER A
VIOLATION TO THE APPROPRIATE PROSECUTOR AND UPON SUCH CONVICTION, BUT
ONLY AFTER SUCH REFERRAL, SUCH VIOLATION SHALL BE PUNISHABLE AS A CLASS
A MISDEMEANOR. A CIVIL PENALTY FOR FALSE FILING MAY NOT BE IMPOSED HERE-
UNDER IN THE EVENT A CATEGORY OF "VALUE" OR "AMOUNT" REPORTED HEREUNDER
IS INCORRECT UNLESS SUCH REPORTED INFORMATION IS FALSELY UNDERSTATED.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO OTHER
PENALTY, CIVIL OR CRIMINAL MAY BE IMPOSED FOR A FAILURE TO FILE, OR FOR
A FALSE FILING, OF SUCH STATEMENT, EXCEPT THAT THE BOARD MAY IMPOSE
DISCIPLINARY ACTION AS OTHERWISE PROVIDED BY LAW. THE BOARD SHALL BE
DEEMED TO BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE
ADMINISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT
OF ADJUDICATORY PROCEEDINGS AND APPEALS RELATING TO THE ASSESSMENT OF
THE CIVIL PENALTIES HEREIN AUTHORIZED. SUCH RULES, WHICH SHALL BE
SUBJECT TO THE APPROVAL REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCE-
DURE ACT, SHALL PROVIDE FOR DUE PROCESS PROCEDURAL MECHANISMS SUBSTAN-
TIALLY SIMILAR TO THOSE SET FORTH IN SUCH ARTICLE THREE BUT SUCH MECH-
ANISMS NEED NOT BE IDENTICAL IN TERMS OR SCOPE. ASSESSMENT OF A CIVIL
PENALTY SHALL BE FINAL UNLESS MODIFIED, SUSPENDED OR VACATED WITHIN
THIRTY DAYS OF IMPOSITION AND UPON BECOMING FINAL SHALL BE SUBJECT TO
REVIEW AT THE INSTANCE OF THE AFFECTED REPORTING INDIVIDUAL IN A
PROCEEDING COMMENCED AGAINST THE BOARD, PURSUANT TO ARTICLE SEVENTY-
EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR ANY PROFESSIONAL
DISCIPLINARY RULE TO THE CONTRARY, THE DISCLOSURE OF THE IDENTITY OF ANY
CLIENT OR CUSTOMER ON A REPORTING INDIVIDUAL'S ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE SHALL NOT CONSTITUTE PROFESSIONAL MISCONDUCT OR A
GROUND FOR DISCIPLINARY ACTION OF ANY KIND, OR FORM THE BASIS FOR ANY
CIVIL OR CRIMINAL CAUSE OF ACTION OR PROCEEDING.
6. STARTING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, IN ADDITION TO
REQUIREMENTS SET FORTH IN SECTION THIRTEEN-B OF THIS ARTICLE, EXAMINERS
MUST: (A) TREAT FIFTY PATIENTS PER YEAR; (B) TREAT TEN INJURED WORKERS
PER YEAR; (C) PERFORM TWENTY-FOUR CREDIT HOURS OF CONTINUING EXAMINER
EDUCATION PER YEAR, SIX HOURS OF WHICH MUST FOCUS ON PROFESSIONAL
ETHICS; AND (D) REGISTER WITH THE BOARD ANNUALLY AND SUBMIT AN ANNUAL
REGISTRATION FEE OF FIVE HUNDRED DOLLARS.
7. (A) PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE LAW, ON OR
BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE CHAIR SHALL PROMUL-
GATE REGULATIONS ESTABLISHING A STATEWIDE CONTINUING EXAMINER EDUCATION
PROGRAM.
(B) ALL CONTINUING EXAMINER EDUCATION COURSES MUST BE ORGANIZED,
TAUGHT AND ADMINISTERED BY BOARD STAFF WITH EXPERTISE IN THE SUBJECT
MATTER OF THE COURSE.
(C) COURSES MUST BE PERFORMED AND ATTENDED IN-PERSON.
(D) COURSES MUST ADDRESS ONE OR MORE OF THE FOLLOWING TOPICS: PROFES-
SIONAL RESPONSIBILITY, ETHICS AND TECHNOLOGICAL ADVANCEMENTS IN TREAT-
MENT OF INJURED WORKERS.
8. (A) THERE IS HEREBY ESTABLISHED IN THE WORKERS' COMPENSATION BOARD
AN OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
(B) THE OFFICE SHALL BE ADMINISTERED BY AN INDEPENDENT INSPECTOR
GENERAL. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY, THE INSPECTOR
GENERAL SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT
OF THE SENATE. THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL
SHALL SERVE FOR A TERM OF TWELVE YEARS. THE INDEPENDENT MEDICAL EXAMINA-
TION INSPECTOR GENERAL SHALL RECEIVE AN ANNUAL SALARY OF ONE HUNDRED
A. 6164 12
FIFTY THOUSAND DOLLARS AND MAY NOT HOLD ANY OTHER OFFICE OR POSITION OR
ENGAGE IN OTHER EMPLOYMENT.
(C) FEES, ASSESSMENTS, FINES AND PENALTIES PAID PURSUANT TO SUBDIVI-
SIONS FOUR, SIX AND NINE OF THIS SECTION SHALL BE COLLECTED BY THE BOARD
AND MAINTAINED IN A DEDICATED FUND TO BE USED AS THE OPERATING REVENUE
OF THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
THE CHAIR SHALL PROVIDE ADDITIONAL REVENUE AS NECESSARY TO CARRY OUT THE
RESPONSIBILITIES OF THE OFFICE.
(D) THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINER INSPECTOR GENERAL
SHALL: (I) ENFORCE ANNUAL REGISTRATION AND FINANCIAL DISCLOSURE REQUIRE-
MENTS PURSUANT TO THIS SECTION; (II) COLLECT, REVIEW AND AGGREGATE
INFORMATION CONTAINED IN ANNUAL FINANCIAL DISCLOSURE STATEMENTS; (III)
PERIODICALLY AUDIT EXAMINERS AND INDEPENDENT MEDICAL EXAMINATION ORGAN-
IZATIONS TO VERIFY THE VERACITY OF INFORMATION CONTAINED IN ANNUAL
AUDITS AND TO VERIFY COMPLIANCE WITH CONTINUING EXAMINER EDUCATION
REQUIREMENTS; (IV) INVESTIGATE CONFLICTS OF INTEREST, MALFEASANCE AND
NONFEASANCE IN CONNECTION WITH INDEPENDENT MEDICAL EXAMINATIONS; AND (V)
REPORT ANNUALLY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND
SPEAKER OF THE ASSEMBLY ON THE USE OF INDEPENDENT MEDICAL EXAMINATIONS,
ON INDIVIDUAL INVESTIGATIONS AND RECOMMEND REGULATORY AND STATUTORY
CHANGES.
9. FOR EACH INDEPENDENT MEDICAL EXAMINATION ORDERED OR REQUESTED BY A
CARRIER OR THE STATE FUND AND PERFORMED BY AN EXAMINER, THE CARRIER OR
STATE FUND SHALL PAY AN ASSESSMENT OF FIFTY DOLLARS TO THE BOARD WITHIN
SEVEN DAYS OF THE DATE OF THE EXAMINATION. SUCH ASSESSMENT SHALL BE
MAINTAINED BY THE BOARD IN A DEDICATED FUND FOR THE PURPOSE OF FUNDING
THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
§ 7. Section 13-f of the workers' compensation law is amended by
adding a new subdivision 3 to read as follows:
(3) THE CHAIR SHALL IMMEDIATELY CONDUCT A STUDY TO ANALYZE THE AVAIL-
ABILITY AND QUALITY OF CARE FOR INJURED WORKERS BASED ON SPECIALTY,
PRACTICE AREA AND GEOGRAPHICAL REGION OF THE STATE. THE RESULTS OF THAT
STUDY SHALL BE RELEASED TO THE PUBLIC ON OR BEFORE DECEMBER THIRTY-
FIRST, TWO THOUSAND NINETEEN. WHERE CERTAIN GEOGRAPHICAL REGIONS OF THE
STATE ARE UNDERSERVED BY AUTHORIZED PROVIDERS IN A SPECIALTY, THE CHAIR
SHALL DEVISE AND IMPLEMENT A COURSE OF ACTION TO ATTRACT ADDITIONAL
PROVIDERS OF THAT SPECIFIC SPECIALTY TO PARTICIPATE IN THE SYSTEM. THIS
COURSE OF ACTION SHALL INCLUDE, BUT IS NOT LIMITED TO, INCREASING
MEDICAL REIMBURSEMENT RATES FOR SPECIALTY SERVICES IN REGIONS WHERE
PARTICIPATING PROVIDERS OF SUCH SERVICES ARE SCARCE, REGARDLESS OF OVER-
ALL INCREASE OF COST TO THE SYSTEM.
§ 8. Section 13-g of the workers' compensation law is amended by
adding a new subdivision 1-a to read as follows:
(1-A) WHERE AN EMPLOYER OR CARRIER EXHIBITS A PATTERN OF CONTROVERTING
MEDICAL BILLS ON THE FORTY-FIFTH DAY FOLLOWING RENDERING, THERE SHALL BE
A PRESUMPTION THAT SUCH CONTROVERSION IS FRIVOLOUS AND UNFOUNDED. IF THE
EMPLOYER OR CARRIER FAILS TO PROVIDE CLEAR AND CONVINCING EVIDENCE
REBUTTING THIS PRESUMPTION, THE CARRIER OR EMPLOYER MUST PAY THE BILL AS
IF NOTICE OF CONTROVERSION HAS NOT BEEN PROVIDED. FOR THE PURPOSES OF
THIS SECTION, A PATTERN OF CONTROVERSION ON THE FORTY-FIFTH DAY FOLLOW-
ING RENDERING EXISTS WHERE WITHIN THE PAST SIX MONTHS, FIVE PERCENT OR
MORE OF AN EMPLOYER OR CARRIER'S MEDICAL BILL CONTROVERSIONS OCCUR ON
THE FORTY-FIFTH DAY FOLLOWING RENDERING. THE CHAIR SHALL MAINTAIN A
LIST, TO BE PUBLISHED ON THE BOARD'S WEBSITE AND TO BE UPDATED DAILY, OF
EMPLOYERS AND CARRIERS WHOSE CONTROVERSION PRACTICES QUALIFY THEM FOR
SUCH PRESUMPTION.
A. 6164 13
§ 9. Subdivision 3 of section 13-n of the workers' compensation law,
as added by chapter 6 of the laws of 2007, is amended to read as
follows:
3. The chair, upon finding that an EXAMINER OR entity that derives
income from independent medical examinations has materially altered an
independent medical examination report, or caused such a report to be
materially altered, [may] SHALL revoke THE AUTHORIZATION OF SUCH EXAMIN-
ER OR the registration of such entity, impose a penalty [not exceeding]
OF AT LEAST ten thousand dollars and refer the matter to the attorney
general for prosecution.
§ 10. Subdivision 5 of section 14 of the workers' compensation law, as
amended by chapter 730 of the laws of 1978, is amended to read as
follows:
5. If it be established that the injured employee was under the age of
[twenty-five] THIRTY-FIVE when injured, OR WAS ACCEPTED TO OR ENROLLED
IN AN APPRENTICESHIP TRAINING PROGRAM APPROVED BY THE COMMISSIONER OF
LABOR PURSUANT TO ARTICLE TWENTY-THREE OF THE LABOR LAW, and that under
normal conditions his OR HER wages would be expected to increase, that
fact [may] SHALL be considered in arriving at his OR HER average weekly
wages.
§ 11. The section heading of section 14-a of the workers' compensation
law, as amended by chapter 142 of the laws of 1947, is amended to read
as follows:
Double compensation and death benefits when [minors] WORKERS illegally
employed.
§ 12. Subdivision 1 of section 14-a of the workers' compensation law,
as amended by chapter 67 of the laws of 1983, is amended to read as
follows:
1. Compensation, death benefits, and awards to the commissioner of
taxation and finance in accordance with subdivision nine of section
fifteen and section twenty-five-a, as provided in this article, shall be
double the amount otherwise payable if the injured employee at the time
of the accident is [a minor employed,] permitted or suffered to work in
violation of any provision of the labor law or in violation of [any rule
heretofore or hereafter adopted by the board of standards and appeals
pursuant to subdivision four of section one hundred thirty-three of said
law] MUNICIPAL, COUNTY, STATE OR FEDERAL STATUTE, RULE OR REGULATION.
An employer who knowingly permits or suffers a newspaper carrier to
work in violation of section thirty-two hundred twenty-eight of the
education law, shall be liable for the increased awards provided by this
section.
§ 13. Subdivision 1 of section 15 of the workers' compensation law, as
amended by chapter 675 of the laws of 1977, is amended to read as
follows:
1. Permanent total disability. In case of total disability adjudged to
be permanent sixty-six and two-thirds per centum of the average weekly
wages shall be paid to the employee during the continuance of such total
disability. Loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or of any two thereof, OR APPROVAL FOR FEDERAL
SOCIAL SECURITY DISABILITY BENEFITS, shall, in the absence of conclusive
proof to the contrary, constitute permanent total disability. In all
other cases permanent total disability shall be determined in accordance
with the facts. Notwithstanding any other provision of this chapter, an
injured employee disabled due to the loss or total loss of use of both
eyes, or both hands, or both arms, or both feet, or both legs, or of any
two thereof shall not suffer any diminution of his compensation by
A. 6164 14
engaging in business or employment provided his OR HER earnings or
wages, when combined with his compensation, shall not be in excess of
the wage base on which the maximum weekly compensation benefit is
computed under the law in effect at time of such earning; further
provided, that if the combination exceeds such wage base, the compen-
sation shall be diminished to an amount which, together with his OR HER
earnings or wages, shall equal the wage base; and further provided that
the application of this subdivision shall not result in reduction of
compensation which an injured employee who is disabled due to the loss
or total loss of use of both eyes, or both hands, or both arms, or both
feet, or both legs or of any two thereof, would otherwise be entitled to
under any other provision of this section.
§ 14. Subdivision 3 of section 15 of the workers' compensation law,
paragraph e as amended by chapter 317 and paragraph f as amended by
chapter 320 of the laws of 1924, paragraph m as amended by chapter 554
of the laws of 1927, paragraph o as amended by chapter 754 of the laws
of 1928, paragraph q as amended by chapter 661 of the laws of 1935,
paragraph s as amended by chapter 204 of the laws of 1988, paragraph t
as amended by chapter 774 of the laws of 1945, subparagraphs 1 and 2 of
paragraph t as amended by chapter 924 of the laws of 1990, paragraph u
as amended by chapter 351 of the laws of 2009, paragraph v as amended by
chapter 364 of the laws of 1989, paragraph w as amended by section 1 of
subpart A and paragraph x as added by section 1 of subpart B of part NNN
of chapter 59 of the laws of 2017, is amended to read as follows:
3. Permanent partial disability. In case of disability partial in
character but permanent in quality the compensation shall be sixty-six
and two-thirds per centum of the average weekly wages and shall be paid
to the employee for the period named in this subdivision, as follows:
Number of
Member lost weeks' compensation
a. Arm ........................................................... [312]
624
b. Leg ........................................................... [288]
576
c. Hand .......................................................... [244]
488
d. Foot .......................................................... [205]
410
e. eye ........................................................... [160]
320
f. Thumb .......................................................... [75]
150
g. First finger ................................................... [46]
92
h. Great toe ...................................................... [38]
76
i. Second finger .................................................. [30]
60
j. Third finger ................................................... [25]
50
k. Toe other than great toe ....................................... [16]
32
l. Fourth finger .................................................. [15]
30
A. 6164 15
m. Loss of hearing. Compensation for the complete loss of the hearing
of one ear, for [sixty] ONE HUNDRED TWENTY weeks, for the loss of hear-
ing of both ears, for [one hundred and fifty] THREE HUNDRED weeks.
n. Phalanges. Compensation for the loss of [more than] one phalange of
a digit shall be the same as for loss of the entire digit. [Compensation
for loss of the first phalange shall be one-half of the compensation for
loss of the entire digit.]
o. Amputated arm or leg. Compensation for an arm or a leg, if amputat-
ed at or above the wrist or ankle, shall be for the [proportionate loss
of the] ENTIRE arm or leg.
p. Binocular vision or per centum of vision. Compensation for loss of
binocular vision or for [eighty] FIFTY per centum or more of the vision
of an eye shall be the same as for loss of the eye.
q. Two or more digits. Compensation for loss or loss of use of two or
more digits, or one or more phalanges of two or more digits, of a hand
or foot [may be proportioned to the loss of use of the hand or foot
occasioned thereby but shall not exceed] SHALL EQUAL the compensation
for loss of a hand or foot.
r. Total loss of use. Compensation for permanent total loss of use of
a member shall be the same as for loss of the member.
s. Partial loss or partial loss of use. Compensation for permanent
partial loss or loss of use of a member may be for proportionate loss or
loss of use of the member. Compensation for permanent partial loss or
loss of use of an eye shall be awarded on the basis of uncorrected loss
of vision or corrected loss of vision resulting from an injury whichever
is the greater.
t. Disfigurement. 1. The board [may] SHALL award proper and equitable
compensation for serious [facial or head] disfigurement, not to exceed
[twenty] FIVE HUNDRED thousand dollars[, including a disfigurement
continuous in length which is partially in the facial area and also
extends into the neck region as described in paragraph two hereof].
2. The board, if in its opinion the earning capacity of an employee
has been or may in the future be impaired, may award compensation for
any serious disfigurement [in the region above the sterno clavicular
articulations anterior to and including the region of the sterno cleido
mastoid muscles on either side], but no award under subdivisions one and
two OF THIS SECTION shall, in the aggregate, exceed [twenty] FIVE
HUNDRED thousand dollars.
[3. Notwithstanding any other provision hereof, two or more serious
disfigurements, not continuous in length, resulting from the same inju-
ry, if partially in the facial area and partially in the neck region as
described in paragraph two hereof, shall be deemed to be a facial
disfigurement.]
u. Total or partial loss or loss of use of more than one member or
parts of members. In any case in which there shall be a loss or loss of
use of more than one member or parts of more than one member set forth
in paragraphs a through t, inclusive, of this subdivision, but not
amounting to permanent total disability, the board shall award compen-
sation for the loss or loss of use of each such member or part thereof,
which awards shall be fully payable in one lump sum upon the request of
the injured employee.
v. Additional compensation for impairment of wage earning capacity in
certain permanent partial disabilities. Notwithstanding any other
provision of this subdivision, [additional] compensation shall be paya-
ble for impairment of wage earning capacity [for any period after the
termination of an award], DURING THE ENTIRE PERIOD OF SUCH IMPAIRMENT,
A. 6164 16
REGARDLESS OF WHETHER AN AWARD WAS MADE under paragraphs a, b, c, [or]
d, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T OR U of this subdivi-
sion for the loss or PROPORTIONAL loss of use of [fifty per centum or
more of] a member, provided such impairment of earning capacity shall be
due solely thereto. Such [additional] compensation shall be determined
in accordance with paragraph w of this subdivision. [The additional
compensation shall be reduced by fifty per centum of any amount of disa-
bility benefits which the disabled employee is receiving or entitled to
receive for the same period under the social security act, and shall
cease on the date the disabled employee receives or is entitled to
receive old-age insurance benefits under the social security act.] As
soon as practicable after the injury, the worker shall be required to
participate in a board approved rehabilitation program; or shall have
demonstrated cooperation with efforts to institute such a board approved
program and shall have been determined by the board not to be a feasible
candidate for rehabilitation; such rehabilitation shall constitute
treatment and care as provided in this chapter.
w. Other cases. In all other cases of permanent partial disability,
the compensation shall be sixty-six and two-thirds percent of the
difference between the injured employee's average weekly wages and his
or her wage-earning capacity thereafter in the same employment or other-
wise. Compensation under this paragraph shall be payable during the
continuance of such permanent partial disability, without the necessity
for the claimant who is entitled to benefits at the time of classifica-
tion to demonstrate ongoing attachment to the labor market, but subject
to reconsideration of the degree of such impairment by the board on its
own motion or upon application of any party in interest [however, all
compensation payable under this paragraph shall not exceed (i) five
hundred twenty-five weeks in cases in which the loss of wage-earning
capacity is greater than ninety-five percent; (ii) five hundred weeks in
cases in which the loss of wage-earning capacity is greater than ninety
percent but not more than ninety-five percent; (iii) four hundred seven-
ty-five weeks in cases in which the loss of wage-earning capacity is
greater than eighty-five percent but not more than ninety percent; (iv)
four hundred fifty weeks in cases in which the loss of wage-earning
capacity is greater than eighty percent but not more than eighty-five
percent; (v) four hundred twenty-five weeks in cases in which the loss
of wage-earning capacity is greater than seventy-five percent but not
more than eighty percent; (vi) four hundred weeks in cases in which the
loss of wage-earning capacity is greater than seventy percent but not
more than seventy-five percent; (vii) three hundred seventy-five weeks
in cases in which the loss of wage-earning capacity is greater than
sixty percent but not more than seventy percent; (viii) three hundred
fifty weeks in cases in which the loss of wage-earning capacity is
greater than fifty percent but not more than sixty percent; (ix) three
hundred weeks in cases in which the loss of wage-earning capacity is
greater than forty percent but not more than fifty percent; (x) two
hundred seventy-five weeks in cases in which the loss of wage-earning
capacity is greater than thirty percent but not more than forty percent;
(xi) two hundred fifty weeks in cases in which the loss of wage-earning
capacity is greater than fifteen percent but not more than thirty
percent; and (xii) two hundred twenty-five weeks in cases in which the
loss of wage-earning capacity is fifteen percent or less. For a claimant
with a date of accident or disablement after the effective date of the
chapter of the laws of two thousand seventeen that amended this subdivi-
sion, where the carrier or employer has provided compensation pursuant
A. 6164 17
to subdivision five of this section beyond one hundred thirty weeks from
the date of accident or disablement, all subsequent weeks in which
compensation was paid shall be considered to be benefit weeks for
purposes of this section, with the carrier or employer receiving credit
for all such subsequent weeks against the amount of maximum benefit
weeks when permanent partial disability under this section is deter-
mined. In the event of payment for intermittent temporary partial disa-
bility paid after one hundred thirty weeks from the date of accident or
disablement, such time shall be reduced to a number of weeks, for which
the carrier will receive a credit against the maximum benefit weeks. For
a claimant with a date of accident or disablement after the effective
date of the chapter of the laws of two thousand seventeen that amended
this subdivision, when permanency is at issue, and a claimant has
submitted medical evidence that he or she is not at maximum medical
improvement, and the carrier has produced or has had a reasonable oppor-
tunity to produce an independent medical examination concerning maximum
medical improvement, and the board has determined that the claimant is
not yet at maximum medical improvement, the carrier shall not receive a
credit for benefit weeks prior to a finding that the claimant has
reached maximum medical improvement, at which time the carrier shall
receive credit for any weeks of temporary disability paid to claimant
after such finding against the maximum benefit weeks awarded under this
subdivision. For those claimants classified as permanently partially
disabled who no longer receive indemnity payments because they have
surpassed their number of maximum benefit weeks, the following
provisions will apply:
(1) There will be a presumption that medical services shall continue
notwithstanding the completion of the time period for compensation set
forth in this section and the burden of going forward and the burden of
proof will lie with the carrier, self-insured employer or state insur-
ance fund in any application before the board to discontinue or suspend
such services. Medical services will continue during the pendency of any
such application and any appeals thereto.
(2) The board is directed to promulgate regulations that establish an
independent review and appeal by an outside agent or entity of the
board's choosing of any administrative law judge's determination to
discontinue or suspend medical services before a final determination of
the board].
x. Impairment guidelines. The chair shall consult with representatives
of labor, business, medical providers, insurance carriers, and self-in-
sured employers regarding revisions to permanency impairment guidelines,
including permitting review and comment by such representatives' chosen
medical advisors, and after consultation shall, in accordance with the
state administrative procedure act, propose for public comment revised
permanency guidelines concerning medical evaluation of impairment and
the determination of permanency as set forth in paragraphs a through v
of this subdivision by September first, two thousand seventeen, with
such guidelines to be adopted by the chair by January first, two thou-
sand eighteen. The permanency impairment guidelines shall be reflective
of advances in modern medicine that enhance healing and result in better
outcomes. In the event the chair fails to adopt such permanency guide-
lines to be effective by January first, two thousand eighteen, the chair
shall adopt, by emergency regulation, permanency impairment guidelines.
The permanency impairment guidelines adopted by emergency regulation
shall be either the impairment guidelines proposed by the chair on
September first, two thousand seventeen or the permanency impairment
A. 6164 18
guidelines created by the consultant to the board and submitted to
representatives of labor, business, medical providers, insurance carri-
ers, and self-insured employers, as voted on in an emergency meeting of
the board to be held on December twenty-ninth, two thousand seventeen.
In the event the board is unable to reach a decision at such meeting,
the chair shall select the permanency guidelines to be adopted by emer-
gency regulations. Emergency regulations shall be in effect for ninety
days or until such time as permanent regulations are adopted by the
chair. As of January first, two thousand eighteen the 2012 permanency
impairment guidelines pertaining to paragraphs a through v of subdivi-
sion three of section fifteen of this article are repealed, and shall
have no effect. The board shall train adjudication and other staff to
ensure timely and effective implementation.
§ 15. Paragraph (a) of subdivision 6 of section 15 of the workers'
compensation law, as amended by section 7-a of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting from an occupational disease that
occurs, (1) on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week, that occurs
(2) on or after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or after
January first, nineteen hundred seventy-nine, shall not exceed two
hundred fifteen dollars per week, that occurs (4) on or after July
first, nineteen hundred eighty-three, shall not exceed two hundred
fifty-five dollars per week, that occurs (5) on or after July first,
nineteen hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6) on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week; and in the case of
temporary total disability shall not be less than thirty dollars per
week and in the case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages. Compen-
sation for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four, shall not exceed one hundred thirty-five
dollars per week, that occurs (4) on or after July first, nineteen
hundred eighty-five, shall not exceed one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly wages. In no event shall compensation when
combined with decreased earnings or earning capacity exceed the amount
of wages which the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to July first,
A. 6164 19
nineteen hundred ninety-two, shall not exceed three hundred fifty
dollars per week; (2) on or after July first, nineteen hundred ninety-
two, shall not exceed four hundred dollars per week; nor be less than
forty dollars per week except that if the employee's wages at the time
of injury are less than forty dollars per week, the employee shall
receive his or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs (1) on or after July first, two thousand seven shall not
exceed five hundred dollars per week, (2) on or after July first, two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on or after July first, two thousand nine shall not exceed six hundred
dollars per week, and (4) on or after July first, two thousand ten, and
on or after July first of each succeeding year, shall not exceed two-
thirds of the New York state average weekly wage for the year in which
it is reported. Compensation for permanent or temporary partial disabil-
ity, or for permanent or temporary total disability due to an accident
or disablement resulting from an occupational disease that occurs on or
after July first, two thousand seven shall not be less than one hundred
dollars per week except that if the employee's wages at the time of
injury are less than one hundred dollars per week, the employee shall
receive his or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs on or after May first, two thousand thirteen shall not be
less than one hundred fifty dollars per week except that if the employ-
ee's wages at the time of injury are less than one hundred fifty dollars
per week, the employee shall receive his or her full wages. COMPEN-
SATION FOR PERMANENT OR TEMPORARY PARTIAL DISABILITY, OR FOR PERMANENT
OR TEMPORARY TOTAL DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT RESULT-
ING FROM AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED
THIS PARAGRAPH SHALL NOT BE LESS THAN ONE SEVENTH OF THE NEW YORK STATE
AVERAGE WEEKLY WAGE EXCEPT THAT IF THE EMPLOYEE'S WEEKLY WAGE, THE
EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no event shall compen-
sation when combined with decreased earnings or earning capacity exceed
the amount of wages the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease or injury that occurred
as a result of World Trade Center rescue activity by an employee of a
private voluntary hospital, who passed a physical examination upon
employment as a rescue worker that failed to reveal evidence of a condi-
tion that was the proximate cause of disablement or occupational disease
or injury, shall not exceed three-quarters of a claimant's wage on
September eleventh, two thousand one. In no event shall compensation
when combined with decreased earnings or earning capacity exceed the
amount of wages the employee was receiving on September eleventh, two
thousand one.
§ 16. Section 15 of the workers' compensation law is amended by adding
a new subdivision 10 to read as follows:
10. COST-OF-LIVING ADJUSTMENTS OF DISABILITY BENEFITS. (A) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY OTHER AMOUNT
RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY BENEFITS, AN EMPLOYEE
WITH A DISABILITY OR THE BENEFICIARY DEPENDENT OF SUCH EMPLOYEE SHALL BE
A. 6164 20
ENTITLED TO AN ADDITIONAL ALLOWANCE, TO BE KNOWN AS A COST-OF-LIVING
ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
(B) THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY
APPLYING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL BE BASED
ON TWO-THIRDS OF THE ANNUAL INCREASE IN THE CONSUMER PRICE INDEX FOR ALL
URBAN CONSUMERS (CPI-U) AS PROMULGATED BY THE UNITED STATES DEPARTMENT
OF LABOR.
(C) THIS SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH THE
RIGHT OF ANY EMPLOYEE OR BENEFICIARY TO ANY BENEFIT TO WHICH SUCH
EMPLOYEE OR BENEFICIARY WOULD OTHERWISE BE ENTITLED PURSUANT TO LAW.
§ 17. Subdivisions 1, 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
the workers' compensation law, subdivision 1 as amended by chapter 245
of the laws of 2005, subdivisions 1-b, 1-c and 2 as amended by chapter
168 of the laws of 1979, subdivisions 1-d and 2-b as added by chapter
689 of the laws of 2007, subdivision 2-a as amended by chapter 174 of
the laws of 1981, are amended to read as follows:
1. Funeral expenses. The chair shall prepare and establish a schedule
for the state or schedules limited to defined localities of maximum
charges and fees for such funeral expenses, to be determined in accord-
ance with, and to be subject to change pursuant to, rules promulgated by
the chair. THE MAXIMUM CHARGES AND FEES FOR FUNERAL EXPENSES ESTAB-
LISHED IN A SCHEDULE OR SCHEDULES SHALL NOT BE LESS THAN TWELVE THOUSAND
DOLLARS. Before preparing such schedule for the state or schedules for
limited localities, the chair shall request the president of the New
York state funeral directors' association to submit to the chair a
report on the amount of remuneration deemed by such association to be
fair and adequate for the types of funeral services rendered under this
chapter, but consideration shall also be given to the views of other
interested parties. The amounts payable by the employer for such
services shall be the actual fees and charges up to the maximum estab-
lished by such schedule. Provided, however, no such schedule of charges
and fees shall apply where a firefighter dies from injuries received in
the line of duty as a direct result of firefighting or where a police
officer dies from injuries received in the line of duty as a direct
result of law enforcement activities, where such funeral expenses are
reasonable. If such funeral expenses shall have been paid by the claim-
ants entitled to compensation under this section or by others, the
funeral expenses awarded shall be made payable to such claimants or
others, otherwise they shall be made payable to the undertaker who shall
have provided burial. Funeral expenses shall be awarded in case of all
injuries causing death including cases in which there are no persons
entitled to other compensation under this chapter.
1-b. If there be a surviving spouse and no child of the deceased under
the age of eighteen years and no child of any age dependent blind or
physically disabled, and the death occurs on or after July first, nine-
teen hundred forty-eight, and prior to January first, nineteen hundred
seventy-eight, to such spouse forty per centum of the average wages of
the deceased [during widowhood or widowerhood with two years' compen-
sation in one sum, upon remarriage]; and where the death occurred prior
to July first, nineteen hundred forty-eight, to such wife (or dependent
husband) thirty per centum of such wages [during widowhood (or dependent
widowerhood) with two years' compensation in one sum, upon remarriage].
1-c. If there be a surviving spouse and no child of the deceased under
the age of eighteen years or under the age of twenty-three years if
enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
A. 6164 21
certified by such institution and no child of any age dependent blind or
physically disabled, and the death occurs on or after January first,
nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds
per centum of the average wages of the deceased [during widowhood or
widowerhood with two years' compensation, in one sum, upon remarriage].
Where the death occurs on or after January first, nineteen hundred
seventy-eight, and the spouse is receiving the survivors insurance bene-
fits under the social security act, the death benefit payable under this
section shall be reduced in accordance with the provisions of table No.
1 below by five per centum of the spouse's share of the survivor's
insurance benefits under the social security act for each ten dollars of
deceased's average weekly wage in excess of one hundred dollars provided
that in no case shall such reduction exceed fifty per centum of said
spouse's share of the survivors insurance benefits under the social
security act.
TABLE No. I
Offset provisions applicable in death benefits
where there is a sole surviving spouse
AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE BENEFITS
over $100 up to and including $110 ................................... 5
over $110 up to and including $120 .................................. 10
over $120 up to and including $130 .................................. 15
over $130 up to and including $140 .................................. 20
over $140 up to and including $150 .................................. 25
over $150 up to and including $160 .................................. 30
over $160 up to and including $170 .................................. 35
over $170 up to and including $180 .................................. 40
over $180 up to and including $190 .................................. 45
over $190 up to and including $200 .................................. 50
over $200 ........................................................... 50
1-d. If there be a surviving spouse of an employee of a private volun-
tary hospital killed in a World Trade Center rescue, who passed a phys-
ical examination upon employment as a rescue worker that failed to
reveal evidence of a condition that was the proximate cause of death,
and no child of the deceased under the age of eighteen years, or under
the age of twenty-three years if enrolled and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution, and no child of
any age dependent blind or physically disabled, to such spouse seventy-
five per centum of the average wages of the deceased [during widowhood
or widowerhood, with two years' compensation, in one sum, upon remar-
riage]. Where such death occurs, and the spouse is receiving the survi-
vors insurance benefits under the social security act, the death benefit
payable under this section shall be reduced in accordance with the
provisions of table No. I in subdivision one-c of this section by five
per centum of the spouse's share of the survivor's insurance benefits
under the social security act for each ten dollars of deceased's average
weekly wage in excess of one hundred dollars; provided that in no case
shall such reduction exceed fifty per centum of such spouse's share of
the survivors insurance benefits under the social security act.
A. 6164 22
2. If there be a surviving spouse and a surviving child or children of
the deceased under the age of eighteen years or a surviving child or
children of any age dependent blind or physically disabled, and the
death occurs on or after July first, nineteen hundred forty-eight, and
prior to January first, nineteen hundred seventy-eight, to such spouse
thirty per centum of the average wages of the deceased [during widowhood
or widowerhood with two years' compensation in one sum, upon remar-
riage]; and the additional amount of twenty per centum of such wages for
each such child until the age of eighteen years or until the removal of
the dependency of the blind or physically disabled child or children; in
case of the subsequent death [or remarriage] of such surviving spouse
any surviving child of the deceased employee, at the time under eighteen
years of age or dependent through mental or physical infirmity, shall
have his OR HER compensation increased to thirty per centum of such
wages, and the same shall be payable until he shall reach the age of
eighteen years or until such dependent blind or physically disabled
condition shall have been removed; provided that the total amount paya-
ble shall in no case exceed sixty-six and two-thirds per centum of such
wages. Upon statutory termination of compensation payments to all such
children, the compensation of the surviving spouse shall be increased to
forty per centum of such wages [with two years' compensation, at such
rate, in one sum, upon remarriage].
If there be a surviving wife (or dependent husband) and any of the
aforementioned surviving children, and the death occurred prior to July
first, nineteen hundred forty-eight, to such wife (or dependent husband)
thirty per centum of the average wages of the deceased [during widowhood
(or dependent widowerhood) with two years' compensation in one sum, upon
remarriage]; and the additional amount of ten per centum of such wages
for each such child until eighteen years of age or until the removal of
the dependency of the blind or physically disabled child or children; in
case of the subsequent death [or remarriage] of such surviving wife (or
dependent husband) any surviving child of the deceased shall have his OR
HER compensation increased to fifteen per centum of such wages until he
shall reach the age of eighteen years or until such dependent blind or
physically disabled condition shall have been removed; provided that the
total amount payable shall in no case exceed sixty-six and two-thirds
per centum of such wages.
The board may in its discretion require the appointment of a guardian
for the purpose of receiving the compensation of a minor child or a
dependent blind or physically disabled child. In the absence of such a
requirement by the board the appointment of a guardian for such purposes
shall not be necessary.
2-a. If there be a surviving spouse and a surviving child under the
age of eighteen years or under the age of twenty-three years if enrolled
and attending as a full time student in an accredited educational insti-
tution and such enrollment and full time attendance is certified by such
institution or a surviving child of any age dependent blind or phys-
ically disabled and the death occurs on or after January first, nineteen
hundred seventy-eight, to such spouse thirty-six and two-thirds per
centum of the average wages of the deceased [during widowhood or widow-
erhood with two years' compensation in one sum, upon remarriage]; and
thirty per centum of such wages to such child under the age of eighteen
years or under the age of twenty-three years if enrolled and attending
as a full time student in an accredited educational institution and such
enrollment and full time attendance is certified by such institution or
a surviving child of any age dependent blind or physically disabled; in
A. 6164 23
the case of the subsequent death of such surviving spouse the surviving
child shall have his OR HER compensation increased to sixty-six and
two-thirds per centum of such wages and the same shall be payable so
long as he OR SHE is under the age of eighteen years or under the age of
twenty-three years if enrolled and attending as a full time student in
an accredited educational institution and such enrollment and full time
attendance is certified by such institution or a surviving child of any
age dependent blind or physically disabled; upon statutory termination
of compensation payable to such child, the compensation of the surviving
spouse shall be increased to sixty-six and two-thirds per centum of such
wages [with two years' compensation, at such rate, in one sum, upon
remarriage. Upon remarriage of such surviving spouse, the surviving
child shall continue to receive thirty per centum of such wages]. Where
the death occurs on or after January first, nineteen hundred seventy-
eight and the spouse is receiving survivors insurance benefits under the
social security act, the death benefit payable under this section shall
be reduced by five per centum of the spouse's share of the survivors
insurance benefits under the social security act for each ten dollars of
deceased's average weekly wage in excess of one hundred dollars provided
that in no case shall such reduction exceed fifty per centum of said
spouse's share of the survivors insurance benefits under the social
security act as set forth in table No. I below.
TABLE No. I
Offset provisions applicable in death benefits
where there is a surviving spouse and one child
AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE BENEFITS
over $100 up to and including $110 ................................... 5
over $110 up to and including $120 .................................. 10
over $120 up to and including $130 .................................. 15
over $130 up to and including $140 .................................. 20
over $140 up to and including $150 .................................. 25
over $150 up to and including $160 .................................. 30
over $160 up to and including $170 .................................. 35
over $170 up to and including $180 .................................. 40
over $180 up to and including $190 .................................. 45
over $190 up to and including $200 .................................. 50
over $200 ........................................................... 50
If there be a surviving spouse and two or more surviving children
under the age of eighteen years or under the age of twenty-three years
if enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
certified by such institution or a surviving child or children of any
age dependent blind or physically disabled and a death occurs on or
after January first, nineteen hundred seventy-eight, to such spouse
thirty-six and two-thirds per centum of the average wage of the deceased
[during widowhood or widowerhood with two years' compensation in one sum
upon remarriage]; and thirty per centum of such wages to such children
under the age of eighteen years or under the age of twenty-three years
if enrolled and attending as a full time student in an accredited educa-
tional institution and such enrollment and full time attendance is
certified by such institution or a surviving child or children of any
A. 6164 24
age dependent blind or physically disabled, share and share alike; in
case of the subsequent death of such surviving spouse the surviving
children shall have their compensation increased to sixty-six and two-
thirds per centum of such wages and the aggregate sum shall be payable,
share and share alike, so long as they are under the age of eighteen
years or under the age of twenty-three years if enrolled and attending
as a full time student in an accredited educational institution and such
enrollment and full time attendance is certified by such institution or
a surviving child or children of any age dependent blind or physically
disabled. [Upon remarriage of such surviving spouse, if there be two
surviving children each shall receive twenty-five per centum of such
wages, and if there are surviving more than two children under the age
of eighteen years or under the age of twenty-three if enrolled and
attending as a full time student in an accredited educational institu-
tion and such enrollment and full time attendance is certified by such
institution or a surviving child or children of any age dependent blind
or physically disabled sixty-six and two-thirds per centum of such wages
share and share alike.] Upon statutory termination of compensation paya-
ble to such children, the compensation of the surviving spouse shall be
increased to sixty-six and two-thirds per centum of such wages [with two
years' compensation, at such rate, in one sum, upon remarriage]. Where
the death occurs on or after January first, nineteen hundred seventy-
eight, and the spouse is receiving survivors insurance benefits under
the social security act, the death benefits payable under this section
shall be reduced by five per centum of the spouse's share of the survi-
vors insurance benefits under the social security act for each ten
dollars of deceased's average weekly wage in excess of one hundred fifty
dollars provided that in no case shall such reduction exceed fifty per
centum of said spouse's share of the survivors insurance benefits under
the social security act as set forth in table No. II below.
TABLE No. II
Offset provisions applicable in death benefits
where there is a surviving spouse and two or more children
AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
SHARE OF SURVIVORS
INSURANCE BENEFITS
over $150 up to and including $160 ................................... 5
over $160 up to and including $170 .................................. 10
over $170 up to and including $180 .................................. 15
over $180 up to and including $190 .................................. 20
over $190 up to and including $200 .................................. 25
over $200 up to and including $210 .................................. 30
over $210 up to and including $220 .................................. 35
over $220 up to and including $230 .................................. 40
over $230 up to and including $240 .................................. 45
over $240 up to and including $250 .................................. 50
over $250 ........................................................... 50
2-b. If there be a surviving spouse of an employee of a private volun-
tary hospital killed in a World Trade Center rescue, who passed a phys-
ical examination upon employment as a rescue worker that failed to
reveal evidence of a condition that was the proximate cause of death,
and a surviving child under the age of eighteen years, or under the age
of twenty-three years if enrolled and attending as a full-time student
A. 6164 25
in an accredited educational institution and such enrollment and full-
time attendance is certified by such institution, or a surviving child
of any age dependent blind or physically disabled, to such spouse forty
per centum of the average wages of the deceased [during widowhood or
widowerhood, with two years' compensation in one sum, upon remarriage];
and thirty-five per centum of such wages to such child under the age of
eighteen years, or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified by such
institution, or a surviving child of any age dependent blind or phys-
ically disabled; in the case of the subsequent death of such surviving
spouse the surviving child shall have his or her compensation increased
to seventy-five per centum of such wages and the same shall be payable
so long as he or she is under the age of eighteen years, or under the
age of twenty-three years if enrolled and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution, or a surviving
child of any age dependent blind or physically disabled; upon statutory
termination of compensation payable to such child, the compensation of
the surviving spouse shall be increased to seventy-five per centum of
such wages [with two years' compensation, at such rate, in one sum, upon
remarriage. Upon remarriage of such surviving spouse, the surviving
child shall continue to receive thirty-five per centum of such wages].
Where such death occurs, and the spouse is receiving survivors insurance
benefits under the social security act, the death benefit payable under
this section shall be reduced by five per centum of the spouse's share
of the survivors insurance benefits under the social security act for
each ten dollars of deceased's average weekly wage in excess of one
hundred dollars; provided that in no case shall such reduction exceed
fifty per centum of such spouse's share of the survivors insurance bene-
fits under the social security act as set forth in table No. I in subdi-
vision one-c of this section. If there be a surviving spouse of an
employee of a private voluntary hospital killed in a World Trade Center
rescue, who passed a physical examination upon employment as a rescue
worker that failed to reveal evidence of a condition that was the proxi-
mate cause of death, and two or more surviving children under the age of
eighteen years, or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified by such
institution, or a surviving child or children of any age dependent blind
or physically disabled and a death occurs on or after September elev-
enth, two thousand one, to such spouse forty per centum of the average
wage of the deceased [during widowhood or widowerhood with two years'
compensation in one sum upon remarriage]; and thirty-five per centum of
such wages to such children under the age of eighteen years, or under
the age of twenty-three years if enrolled and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution, or a surviving
child or children of any age dependent blind or physically disabled,
share and share alike; in case of the subsequent death of such surviving
spouse the surviving children shall have their compensation increased to
seventy-five per centum of such wages and the aggregate sum shall be
payable, share and share alike, so long as they are under the age of
eighteen years, or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified by such
A. 6164 26
institution, or a surviving child or children of any age dependent blind
or physically disabled. [Upon remarriage of such surviving spouse, if
there be two surviving children each shall receive thirty-seven and
one-half per centum of such wages, and if there are surviving more than
two children under the age of eighteen years, or under the age of twen-
ty-three if enrolled and attending as a full-time student in an accred-
ited educational institution and such enrollment and full-time attend-
ance is certified by such institution, or a surviving child or children
of any age dependant blind or physically disabled, seventy-five per
centum of such wages share and share alike.] Upon statutory termination
of compensation payable to such children, the compensation of the
surviving spouse shall be increased to seventy-five per centum of such
wages [with two years' compensation, at such rate, in one sum, upon
remarriage]. Where the death occurs on or after September eleventh, two
thousand one, and the spouse is receiving survivors insurance benefits
under the social security act, the death benefits payable under this
section shall be reduced by five per centum of the spouse's share of the
survivors insurance benefits under the social security act for each ten
dollars of deceased's average weekly wage in excess of one hundred fifty
dollars; provided that in no case shall such reduction exceed fifty per
centum of said spouse's share of the survivors insurance benefits under
the social security act as set forth in table No. II in subdivision
two-a of this section.
§ 18. Section 16 of the workers' compensation law is amended by adding
a new subdivision 8 to read as follows:
8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY
OTHER AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS DEATH BENEFITS, A
DEPENDENT OF A DECEASED EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL
ALLOWANCE, TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE
ANNUALLY.
(B) THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY
APPLYING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING IN THE REGION WHERE
THE DECEASED EMPLOYEE LIVED AT THE TIME OF DEATH OR INITIAL DISABILITY,
WHICHEVER WAS EARLIER, AND SHALL BE BASED ON TWO-THIRDS OF THE ANNUAL
INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
(C) THIS SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH THE
RIGHT OF ANY BENEFICIARY TO ANY BENEFITS TO WHICH SUCH BENEFICIARY WOULD
OTHERWISE BE ENTITLED PURSUANT TO LAW.
§ 19. Section 17 of the workers' compensation law, as amended by chap-
ter 538 of the laws of 1985, is amended to read as follows:
§ 17. Aliens. Compensation under this chapter to aliens not residents
or about to become nonresidents of the United States or Canada AND THEIR
SURVIVING DEPENDENTS, shall be the same in amount as provided for resi-
dents[, except that dependents in any foreign country shall be limited
to surviving spouse and child or children, or, if there is no surviving
spouse or child or children, to surviving father or mother whom the
employee has supported, either wholly or in part, for the period of one
year prior to the date of the accident].
§ 20. Section 21 of the workers' compensation law, subdivision 5 as
amended by chapter 268 of the laws of 1946, is amended to read as
follows:
§ 21. Presumptions. In any proceeding for the enforcement of a claim
for compensation under this chapter, it shall be presumed in the absence
of substantial evidence to the contrary:
1. That the claim comes within the provision of this chapter[;].
A. 6164 27
2. That sufficient notice thereof was given[;].
3. That the injury was not occasioned by the willful intention of the
injured employee to bring about the injury or death of himself or of
another[;].
4. That the injury did not result solely from the intoxication of the
injured employee while on duty.
5. That the contents of medical and surgical reports introduced in
evidence by claimants for compensation shall constitute prima facie
evidence of fact as to the matter contained therein.
6. THAT AN INJURED WORKER WHOSE EMPLOYER HAS NOT OFFERED HER OR HIM
REEMPLOYMENT HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR MARKET.
§ 21. Section 23 of the workers' compensation law, as amended by
section 3 of subpart A of part NNN of chapter 59 of the laws of 2017, is
amended to read as follows:
§ 23. Appeals. An award or decision of the board shall be final and
conclusive upon all questions within its jurisdiction, as against the
state fund or between the parties, unless reversed or modified on appeal
therefrom as hereinafter provided. Any party may within thirty days
after notice of the filing of an award or decision of a referee, file
with the board an application in writing for a modification or rescis-
sion or review of such award or decision, as provided in this chapter.
The board shall render its decision upon such application in writing and
shall include in such decision a statement of the facts which formed the
basis of its action on the issues raised before it on such application.
Within thirty days after notice of the decision of the board upon such
application has been served upon the parties, or within thirty days
after notice of an administrative redetermination review decision by the
chair pursuant to subdivision five of section fifty-two, section one
hundred thirty-one or section one hundred forty-one-a of this chapter
has been served upon any party in interest, an appeal may be taken ther-
efrom to the appellate division of the supreme court, third department,
by any party in interest, including an employer insured in the state
fund; provided, however, that any party in interest may within thirty
days after notice of the filing of the board panel's decision with the
secretary of the board, make application in writing for review thereof
by the full board. If the decision or determination was that of a panel
of the board and there was a dissent from such decision or determination
other than a dissent the sole basis of which is to refer the case to an
impartial specialist, or if there was a decision or determination by the
panel which reduced the loss of wage earning capacity finding made by a
compensation claims referee pursuant to subparagraph w of subdivision
three of section fifteen of this article from a percentage at or above
the percentage set forth in subdivision three of section thirty-five of
this article whereby a claimant would be eligible to apply for an
extreme hardship redetermination to a percentage below the threshold,
the full board shall review and affirm, modify or rescind such decision
or determination in the same manner as herein above provided for an
award or decision of a referee. If the decision or determination was
that of a unanimous panel of the board, or there was a dissent from such
decision or determination the sole basis of which is to refer the case
to an impartial specialist, the board may in its sole discretion review
and affirm, modify or rescind such decision or determination in the same
manner as herein above provided for an award or decision of a referee.
Failure to apply for review by the full board shall not bar any party in
interest from taking an appeal directly to the court as above provided.
The board may also, in its discretion certify to such appellate division
A. 6164 28
of the supreme court, questions of law involved in its decision. Such
appeals and the question so certified shall be heard in a summary manner
and shall have precedence over all other civil cases in such court. The
board shall be deemed a party to every such appeal from its decision
upon such application, and the chair shall be deemed a party to every
such appeal from an administrative redetermination review decision
pursuant to subdivision five of section fifty-two of this chapter. The
attorney general shall represent the board and the chair thereon. An
appeal may also be taken to the court of appeals in the same manner and
subject to the same limitations not inconsistent herewith as is now
provided in the civil practice law and rules. It shall not be necessary
to file exceptions to the rulings of the board. An appeal to the appel-
late division of the supreme court, third department, or to the court of
appeals, shall not operate as a stay of the payment of compensation
required by the terms of the award or of the payment of the cost of such
medical, dental, surgical, optometric or other attendance, treatment,
devices, apparatus or other necessary items the employer is required to
provide pursuant to section thirteen of this article which are found to
be fair and reasonable. Where such award is modified or rescinded upon
appeal, the appellant shall be entitled to reimbursement in a sum equal
to the compensation in dispute paid to the respondent in addition to a
sum equal to the cost of such medical, dental, surgical, optometric or
other attendance, treatment, devices, apparatus or other necessary items
the employer is required to provide pursuant to section thirteen of this
article paid by the appellant pending adjudication of the appeal. Such
reimbursement shall be paid from administration expenses as provided in
section one hundred fifty-one of this chapter upon audit and warrant of
the comptroller upon vouchers approved by the chair. Where such award is
subject to the provisions of section twenty-seven of this article, the
appellant shall pay directly to the claimant all compensation as it
becomes due during the pendency of the appeal, and upon affirmance shall
be entitled to credit for such payments. Neither the chair, the board,
the commissioners of the state insurance fund nor the claimant shall be
required to file a bond upon an appeal to the court of appeals. Upon
final determination of such an appeal, the board or chair, as the case
may be, shall enter an order in accordance therewith. Whenever a notice
of appeal is served or an application made to the board by the employer
or insurance carrier for a modification or rescission or review of an
award or decision, and the board shall find that such notice of appeal
was served or such application was made for the purpose of delay or upon
frivolous grounds, the board shall impose a penalty in the amount of
five hundred dollars upon the employer or insurance carrier, which
penalty shall be added to the compensation and paid to the claimant. The
penalties provided herein shall be collected in like manner as compen-
sation. A party against whom an award of compensation shall be made may
appeal from a part of such award. In such a case the payment of such
part of the award as is not appealed from shall not prejudice any rights
of such party on appeal, nor be taken as an admission against such
party. Any appeal by an employer from an administrative redetermination
review decision pursuant to subdivision five of section fifty-two of
this chapter shall in no way serve to relieve the employer from the
obligation to timely pay compensation and benefits otherwise payable in
accordance with the provisions of this chapter.
APPLICATIONS OR PETITIONS TO THE BOARD FOR REVIEW, MODIFICATION,
RESCISSION, REHEARING OR REVIEW BY THE FULL BOARD MUST BE DECIDED WITHIN
THIRTY DAYS OF THE PETITION OR APPLICATION OR WITHIN THIRTY DAYS OF
A. 6164 29
COMPLETION OF MOTION PRACTICE ON THE PETITION OR APPLICATION, WHICHEVER
IS LATER.
Nothing contained in this section shall be construed to inhibit the
continuing jurisdiction of the board as provided in section one hundred
twenty-three of this chapter.
§ 22. Section 77 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is amended to read as follows:
§ 77. Administration. The state insurance fund shall be administered
by the commissioners of the state insurance fund, of whom there shall be
[ten] EIGHT. The commissioner of labor AND THE CHIEF EXECUTIVE OFFICERS
OF THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUS-
TRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF THE STATE OF NEW YORK
shall, in addition, be [a commissioner] COMMISSIONERS of such fund by
virtue of [his or her office] THEIR OFFICES. The commissioners shall
elect annually from the appointive members a chair and a vice-chair who
shall act as chair in the absence of the chair. The commissioner of
labor may designate a deputy commissioner AND THE CHIEF EXECUTIVE OFFI-
CERS OF THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF
INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF THE STATE OF NEW
YORK MAY EACH DESIGNATE A REPRESENTATIVE to [act in his or her] EXECUTE
THEIR DUTIES AS COMMISSIONERS OF SUCH FUND IN THEIR place and stead [as
a commissioner of such fund]. The REMAINING commissioners shall be
appointed by the governor, by and with the advice and consent of the
senate. [One commissioner shall be appointed by the governor upon recom-
mendation by the New York State American Federation of Labor-Congress of
Industrial Organizations, and one commissioner shall be appointed by the
governor upon recommendation of the Business Council of the State of New
York.] They shall be policyholders insured in the state insurance fund.
The commissioners shall be appointed for terms of three years each. They
shall serve until their successors are appointed and have qualified.
Vacancies shall be filled for the unexpired terms. Each commissioner
shall before entering upon his or her duties, take and subscribe the
constitutional oath of office which shall be filed in the office of the
secretary of state.
§ 23. Section 114 of the workers' compensation law, as added by chap-
ter 635 of the laws of 1996, subdivision 4 as amended and subdivision 5
as added by chapter 6 of the laws of 2007, is amended to read as
follows:
§ 114. Penalties for fraudulent practices. 1. Any person who, knowing-
ly and with intent to defraud presents, causes to be presented, or
prepares with knowledge or belief that it will be presented to or by an
insurer or purported insurer, or any agent thereof, any written state-
ment as part of, or in support of, an application for the issuance of or
the rating of an insurance policy for compensation insurance[, or a
claim for payment or other benefit pursuant to a compensation policy]
which he or she knows to: (i) contain a false statement or represen-
tation concerning any fact material thereto; or (ii) omits any fact
material thereto, shall be guilty of a class E felony. Upon conviction,
the court in addition to any other authorized sentence, may order
forfeiture of [all rights to compensation or payments of any benefit]
ANY PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND APPURTENANCES THAT
CONSTITUTE THE INSTRUMENTALITY OF THE ENTITY ON WHOSE BEHALF THE APPLI-
CATION WAS MADE, and may also require restitution of any amount received
as a result of a violation of this subdivision.
1-A. ANY PERSON WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS,
CAUSES TO BE PRESENTED, OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT
A. 6164 30
WILL BE PRESENTED TO OR BY AN INSURER OR PURPORTED INSURER, OR ANY AGENT
THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, A CLAIM FOR
PAYMENT OR OTHER BENEFIT PURSUANT TO A COMPENSATION POLICY WHICH HE OR
SHE KNOWS TO: (I) CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING
ANY FACT MATERIAL THERETO; OR (II) OMITS ANY FACT MATERIAL THERETO,
SHALL BE GUILTY OF A CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDI-
TION TO ANY OTHER AUTHORIZED SENTENCE, MAY ORDER FORFEITURE OF ALL
RIGHTS TO COMPENSATION OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO REQUIRE
RESTITUTION OF ANY AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS
SUBDIVISION.
2. An employer or carrier, or any employee, agent, or person acting on
behalf of an employer or carrier, who knowingly makes a false statement
or representation as to a material fact in the course of reporting,
investigation of, or adjusting a claim for any benefit or payment under
this chapter for the purpose of avoiding provision of such payment or
benefit shall be guilty of a class E felony. UPON CONVICTION, THE COURT
IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE, MAY ORDER FORFEITURE OF
ANY PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND APPURTENANCES THAT
CONSTITUTE THE INSTRUMENTALITY OF THE EMPLOYER OR CARRIER AND MAY ALSO
REQUIRE RESTITUTION OF ANY AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF
THIS SUBDIVISION.
3. A person who knowingly makes a false statement or representation as
to a material fact for the purpose of obtaining, maintaining or renewing
insurance under this chapter, whether for himself or herself or for any
other person or entity or for the purpose of evading the requirements of
section fifty of this chapter shall be guilty of a class E felony. UPON
CONVICTION, THE COURT IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE, MAY
ORDER FORFEITURE OF ANY PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND
APPURTENANCES THAT CONSTITUTE THE INSTRUMENTALITY OF THE ENTITY ON WHOSE
BEHALF THE APPLICATION WAS MADE. In addition to any other remedy, the
carrier providing insurance shall be entitled to restitution of any
amount obtained or withheld as a result of a violation of this subdivi-
sion.
4. Consistent with the provisions of the criminal procedure law, in
any prosecution alleging a violation of subdivision one, two or three of
this section, or sections fifty-two and one hundred thirty-one of this
chapter, in which the act or acts alleged may also constitute a
violation of the penal or other law, the prosecuting official may charge
a person pursuant to the provisions of this section and in the same
accusatory instrument with a violation of such other law.
5. A person (a) who is convicted of a second or subsequent offense
under this section within ten years of the prior conviction, or (b) who
violates any provision of this section concerning two or more claimants,
shall be guilty of a class [D] B felony.
§ 24. Section 122 of the workers' compensation law, as amended by
chapter 113 of the laws of 1946, is amended to read as follows:
§ 122. Transcripts. A copy of the testimony, evidence and procedure of
any investigation, or a particular part thereof, RECORDED AND tran-
scribed by a stenographer in the employ of the board and certified by
such stenographer to be true and correct may be received in evidence
with the same effect as if such stenographer were present and testifying
to the facts so certified. A copy of such transcript shall be furnished
to any party upon payment of the fee for transcripts of similar minutes
in the supreme court.
§ 25. Section 140 of the workers' compensation law, as amended by
chapter 57 of the laws of 1951, is amended to read as follows:
A. 6164 31
§ 140. [Workmen's] WORKERS' compensation board. The [workmen's] WORK-
ERS' compensation board in the department of labor is hereby continued.
Such board shall consist of thirteen members, at least four of whom
shall be attorneys and counsellors-at-law duly admitted to practice in
this state. The members of the board shall be appointed by the governor,
by and with the advice and consent of the senate. THREE MEMBERS SHALL
BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY; THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR UPON RECOM-
MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE
APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF THE NEW YORK STATE
AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS; AND
TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF
THE BUSINESS COUNCIL OF THE STATE OF NEW YORK. The members of the board
in office, together with the additional members and the members
appointed to fill vacancies, if any, at the time this section takes
effect, shall continue, notwithstanding the appointment of any of the
members for a term expiring on a different date, to hold office for
terms to be assigned by the governor by and with the advice and consent
of the senate; two such terms to expire on December thirty-first, nine-
teen hundred fifty; two to expire on December thirty-first, nineteen
hundred fifty-one; two to expire on December thirty-first, nineteen
hundred fifty-two; two to expire on December thirty-first, nineteen
hundred fifty-three; two to expire on December thirty-first, nineteen
hundred fifty-four; two to expire on December thirty-first, nineteen
hundred fifty-five; and one to expire on December thirty-first, nineteen
hundred fifty-six. The members next appointed, except to fill a vacancy
created otherwise than by expiration of term, shall be appointed for
terms of seven years. The governor shall designate one of the members of
the board as chairman and another as vice-chairman.
§ 26. Subdivision 1 of section 169 of the executive law, as amended by
section 9 of part A of chapter 60 of the laws of 2012, is amended to
read as follows:
1. Salaries of certain state officers holding the positions indicated
hereinbelow shall be as set forth in subdivision two of this section:
(a) commissioner of corrections and community supervision, commission-
er of education, commissioner of health, commissioner of mental health,
commissioner of developmental disabilities, commissioner of children and
family services, commissioner of temporary and disability assistance,
chancellor of the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of general services, commissioner of the
division of homeland security and emergency services [and], the execu-
tive director of the state gaming commission, AND THE CHAIR OF THE WORK-
ERS' COMPENSATION BOARD;
(b) commissioner of labor, chairman of public service commission,
commissioner of taxation and finance, superintendent of financial
services, commissioner of criminal justice services, [and] commissioner
of parks, recreation and historic preservation, AND THE VICE-CHAIR OF
THE WORKERS' COMPENSATION BOARD;
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
development, chair of the energy research and development authority,
president of higher education services corporation, commissioner of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, commissioner of alcoholism and
A. 6164 32
substance abuse services, executive director of the housing finance
agency, commissioner of housing and community renewal, executive direc-
tor of state insurance fund, commissioner-chair of state liquor authori-
ty, [chair] AND MEMBERS of the workers' compensation board;
(d) director of office for the aging, commissioner of human rights,
commissioners of the department of public service, chairman of state
commission on quality of care for the mentally disabled, chairman of
commission on alcoholism and substance abuse prevention and education,
executive director of the council on the arts and executive director of
the board of social welfare;
(e) chairman of state athletic commission, director of the office of
victim services, chairman of human rights appeal board, chairman of the
industrial board of appeals, chairman of the state commission of
correction, members of the board of parole, member-chairman of unemploy-
ment insurance appeal board, AND director of veterans' affairs[, and
vice-chairman of the workers' compensation board];
(f) executive director of adirondack park agency, members of state
commission of correction, AND members of unemployment insurance appeal
board[, and members of the workers' compensation board].
§ 27. Paragraph 1 of subsection (t) of section 2313 of the insurance
law, as amended by chapter 237 of the laws of 2012, is amended to read
as follows:
(1) The governing body of a workers' compensation rate service organ-
ization shall be comprised of nine voting members. Four members shall
represent insurers authorized to write workers' compensation insurance
in this state, and shall be selected in such manner as is determined by
the members of the rate service organization. One member of the govern-
ing body shall be a representative of the state insurance fund. Each of
the remaining four members of the governing body shall serve for a term
of two years and until his or her successor shall have been appointed
and approved, provided that the appointing entity appoints a successor
member within one hundred twenty days of the expiration of the term of
office, and shall not be employed by, or serve as an officer or director
of, an insurer authorized to write workers' compensation insurance in
this state, or any parent, subsidiary, or affiliate thereof, EXCEPT THE
STATE INSURANCE FUND. One such member of the governing body shall be
appointed by the superintendent. The other three such members shall be
appointed subject to the approval of the superintendent by, AND SHALL
SERVE AS REPRESENTATIVES OF, the following: (A) the workers' compen-
sation board; (B) the Business Council of New York State, Inc.; and (C)
the American Federation of Labor - Congress of Industrial Organizations
of New York State. Any vacancy on the governing body shall be filled in
the same manner as the initial appointment. The governing body shall
select a chief executive officer who shall serve at the pleasure of the
governing body and whose terms and conditions of employment shall be
approved by the governing body. No restriction in this subsection shall
apply if compliance is prevented by the failure of any appointing
authority to make an appointment, or of the superintendent to approve
such appointment.
§ 28. Section 71 of the civil service law, as amended by chapter 577
of the laws of 2003, is amended to read as follows:
§ 71. Reinstatement after separation for disability. Where an employee
has been separated from the service by reason of a disability resulting
from occupational injury or disease as defined in the [workmen's] WORK-
ERS' compensation law, he or she shall be entitled to a leave of absence
for at least one year, unless his or her disability is of such a nature
A. 6164 33
as to permanently incapacitate him or her for the performance of the
duties of his or her position. Notwithstanding the foregoing, where an
employee has been separated from the service by reason of a disability
resulting from an assault sustained in the course of his or her employ-
ment, he or she shall be entitled to a leave of absence for at least two
years, unless his or her disability is of such a nature as to permanent-
ly incapacitate him or her for the performance of the duties of his or
her position. NOTWITHSTANDING THE FOREGOING, WHERE AN EMPLOYEE IS ABSENT
BY REASON OF A DISABILITY RESULTING FROM OCCUPATIONAL INJURY OR DISEASE
AS DEFINED IN THE WORKERS' COMPENSATION LAW AND THAT EMPLOYEE HAS NOT
YET RECEIVED CARE DIRECTED BY HIS OR HER TREATING PROVIDER AS A RESULT
OF THE EMPLOYER OR CARRIER'S DISPUTE, THAT EMPLOYEE IS ENTITLED TO AN
INDEFINITE LEAVE OF ABSENCE, UNLESS HIS OR HER DISABILITY IS OF SUCH A
NATURE AS TO PERMANENTLY INCAPACITATE HIM OR HER FOR THE PERFORMANCE OF
THE DUTIES OF HIS OR HER POSITION. Such employee may, within one year
after the termination of such disability, make application to the civil
service department or municipal commission having jurisdiction over the
position last held by such employee for a medical examination to be
conducted by a medical officer selected for that purpose by such depart-
ment or commission. If, upon such medical examination, such medical
officer shall certify that such person is physically and mentally fit to
perform the duties of his or her former position, he or she shall be
reinstated to his or her former position, if vacant, or to a vacancy in
a similar position or a position in a lower grade in the same occupa-
tional field, or to a vacant position for which he or she was eligible
for transfer. If no appropriate vacancy shall exist to which rein-
statement may be made, or if the work load does not warrant the filling
of such vacancy, the name of such person shall be placed upon a
preferred list for his or her former position, and he or she shall be
eligible for reinstatement from such preferred list for a period of four
years. In the event that such person is reinstated to a position in a
grade lower than that of his or her former position, his or her name
shall be placed on the preferred eligible list for his or her former
position or any similar position. This section shall not be deemed to
modify or supersede any other provisions of law applicable to the re-em-
ployment of persons retired from the public service on account of disa-
bility.
§ 29. Paragraph (b) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 442 of the laws of 2006, is amended to read
as follows:
(b) Any felony set forth elsewhere in the laws of this state and
defined by the tax law relating to alcoholic beverage, cigarette, gaso-
line and similar motor fuel taxes; article seventy-one of the environ-
mental conservation law relating to water pollution, hazardous waste or
substances hazardous or acutely hazardous to public health or safety of
the environment; article twenty-three-A of the general business law
relating to prohibited acts concerning stocks, bonds and other securi-
ties, article twenty-two of the general business law concerning monopo-
lies, ARTICLE SEVEN OF THE WORKERS' COMPENSATION LAW CONCERNING FRAUD.
§ 30. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however that the amendments to paragraph 1
of subsection (t) of section 2313 of the insurance law made by section
twenty-seven of this act shall not affect the repeal of such subsection
and shall be deemed repealed therewith.
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