S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  359--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. JACOBSON, SIMON, GOTTFRIED, DeSTEFANO, SAYEGH,
   GLICK, STECK, ABINANTI, KIM, CUSICK -- Multi-Sponsored by -- M. of  A.
   COOK  -- read once and referred to the Committee on Labor -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the workers' compensation law, in relation to  requiring
   the  workers'  compensation  board to appoint the uninsured employers'
   fund as the insurance carrier  in  cases  when  the  identity  of  the
   responsible  insurance  carrier  for the employer cannot be determined
   within ten days of the filing of a claim and to proceed with  hearings
   and  provide  notices  necessary  to  process  such claim; and to make
   conforming technical changes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 26-a of the workers' compensation law is amended by
 adding a new subdivision 6-a to read as follows:
   6-A.  IN  THE EVENT THAT THE BOARD IS UNABLE TO DETERMINE THE IDENTITY
 OF THE RESPONSIBLE INSURANCE CARRIER FOR THE EMPLOYER WITHIN TEN DAYS OF
 THE FILING OF A NEW CLAIM, THE BOARD SHALL:
   (A) APPOINT THE UNINSURED EMPLOYERS' FUND  AS  THE  INSURANCE  CARRIER
 UNTIL SUCH TIME AS THE IDENTITY OF THE RESPONSIBLE INSURANCE CARRIER FOR
 THE EMPLOYER IS DETERMINED. UPON SUCH APPOINTMENT, THE UNINSURED EMPLOY-
 ERS'  FUND  SHALL IMMEDIATELY COMMENCE PAYMENTS AND PROVIDE MEDICAL CARE
 IN ACCORDANCE WITH THE PROVISIONS OF THIS CHAPTER;
   (B) SCHEDULE A HEARING TO DETERMINE THE IDENTITY  OF  THE  RESPONSIBLE
 INSURANCE  CARRIER  FOR  THE  EMPLOYER  AND  TO DETERMINE SUCH CLAIM FOR
 COMPENSATION IN ACCORDANCE WITH THE PROVISIONS  OF  SUBDIVISION  ONE  OF
 THIS SECTION; AND
   (C) PROVIDE NOTICE OF SUCH CLAIM AND HEARING TO THE EMPLOYER BY CERTI-
 FIED  MAIL, RETURN RECEIPT REQUESTED, WITH A DIRECTION THAT THE EMPLOYER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05195-02-1

 A. 359--A                           2
 
 PROVIDE PROOF OF HAVING INSURANCE IN EFFECT AS PROVIDED BY  SECTION  TEN
 OF THIS ARTICLE.
   §  2.  Subdivision 2 of section 2 of the workers' compensation law, as
 amended by chapter 113 of the laws  of  1946,  is  amended  to  read  as
 follows:
   2.  "Department"  means  the  department  of labor of the state of New
 York;
   "Chairman" means the chairman of the [workmen's] WORKERS' compensation
 board of the state of New York;
   "Commissioner" means the industrial commissioner of the state  of  New
 York;
   "Board" means the [workmen's] WORKERS' compensation board of the state
 of New York;
   "Commissioners" means the commissioners of the state insurance fund of
 the department of labor of the state of New York.
   §  3. Subdivisions 1 and 2 of section 201 of the workers' compensation
 law, as added by chapter 600 of the laws of 1949, are amended to read as
 follows:
   1. "Board" means the [workmen's] WORKERS' compensation  board  created
 under this chapter.
   2.  "Chairman"  means the chairman of the [workmen's] WORKERS' compen-
 sation board of the state of New York.
   § 4. Section 302 of the workers' compensation law, as amended by chap-
 ter 788 of the laws of 1951, is amended to read as follows:
   § 302. Definitions. Except as  otherwise  provided  in  this  article,
 terms used in this article shall have the meaning given to such terms in
 articles  one  to  eight,  inclusive,  of  this chapter and in the state
 defense emergency act.
   1. "Civil defense volunteers" shall include those members of the civil
 defense forces under the provisions of the state defense  emergency  act
 who  are volunteer persons serving without compensation in the personnel
 of volunteer agencies.
   2. "Authorized civil defense service" for the purposes of this article
 includes duties and services performed by  an  air  raid  warden  during
 attack,  actual  or  imminent,  and subsequent to attack, but not during
 training or practice periods; and duties and  services  performed  by  a
 civil  defense  volunteer other than an air raid warden following actual
 attack, but not during training or practice periods  or  during  attack,
 actual  or  imminent.  For  the  purposes of this article, such services
 shall be those authorized by the local  director  of  civil  defense  in
 accordance with regulations and orders of the commission or state direc-
 tor of civil defense.
   3.  "Injury"  within the meaning of this article means only accidental
 injury arising in the course of authorized civil defense service  during
 attack,  actual  or  imminent,  or  subsequent to attack, and disease or
 infection that may be sustained or death incurred either as the  natural
 and unavoidable result thereof or of exposure to radiation or to noxious
 gases or to germ warfare in the course of such authorized service.
   4.  "Commission" shall mean the state civil defense commission created
 by article three of the state defense emergency act, and  "state  direc-
 tor"  shall  mean the New York state director of civil defense appointed
 under the provisions of said act.
   5. "Board" shall mean the [workmen's] WORKERS' compensation board.
   6. "Chairman" shall mean the  chairman  of  the  [workmen's]  WORKERS'
 compensation board.

 A. 359--A                           3
 
   § 5. Section 140 of the workers' compensation law, as amended by chap-
 ter 57 of the laws of 1951, is amended to read as follows:
   §  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.  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.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to all claims filed on and after  such
 effective  date.  Effective  immediately  the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such date.