NY State Senate Bill 2021-S6628A

Senate Bill S6628A

Signed By Governor

2021-2022 Legislative Session

Requires 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

download bill text pdf

Archive: Last Bill Status Via A359 - Signed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 22, 2021	approval memo.89 signed chap.717
Dec 10, 2021	delivered to governor
Jun 03, 2021	returned to assembly passed senate 3rd reading cal.1401 substituted for s6628a
Jun 03, 2021	substituted by a359a
Jun 01, 2021	ordered to third reading cal.1401 committee discharged and committed to rules
May 18, 2021	print number 6628a
May 18, 2021	amend and recommit to labor
May 10, 2021	referred to labor

Votes

- Jun 3, 2021 - Floor Vote
  A359
  
  46
  
  Aye
  
  17
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2021
      
      aye (46)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (17)
      
      Akshar
      
      Borrello
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 1, 2021 - Rules Committee Vote
  S6628A
  
  17
  
  Aye
  
  0
  
  Nay
  
  4
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2021
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (4)
      
      Boyle
      
      Gallivan
      
      Griffo
      
      Ortt

Bill Amendments

Original

A (Active)

2021-S6628 - Details

See Assembly Version of this Bill:: A359
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§26-a, 2, 201, 302 & 140, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: A7404

2021-S6628 - Summary

Requires 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; makes conforming technical changes.

2021-S6628 - Sponsor Memo

                                
 
BILL NUMBER: S6628

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 techni-
cal changes

 
PURPOSE:

To require the Workers' Compensation Board, if the Board is unable to
determine the identity of the responsible carrier within ten days of the
filing of a new claim, to appoint the Uninsured Employers' Fund

(UEF) as the temporary carrier until such time that the responsible
carrier for the employer is determined. Once the UEF is appointed as the
temporary carrier, the UEF shall immediately commence payments and

provide medical care in accordance with the Workers' Compensation Law.
Further, the Board shall immediately schedule a hearing with notice to
the employer by certified mail, return receipt requested, with a direc-
tion that the employer provide proof of having insurance in effect as of
the date of injury or date of disablement. The hearing would also deter-
mine the validity of the claim.

 
SUMMARY OF PROVISIONS:

Section 20 of the Workers' Compensation Law is amended by adding a new
subdivision 1-a which provides that if the Workers' Compensation Board
is unable to determine the identity of the responsible insurance carrier
for the employer within ten days of the filing of a new claimant, the
Board, shall:

 
NEW SUBSECTION (a) appoint the Uninsured Employers' Fund as the insur-
ance carrier until such time as the identity of the responsible insur-
ance carrier for the employer is determined. Upon appointment, the Unin-
sured Employers' Fund shall immediately commence payments and provide
medical care in accordance with the Workers' Compensation Law; and

 
NEW SUBSECTION (b) schedule a hearing to determine the identity of the
responsible insurance carrier for the employer and to determine the
validity of such claim for compensation; and New Subsection (c) provide
notice of such claim and hearing to the employer by certified mail,
return receipt requested; with a direction that the employer provide
proof of having insurance in effect on the date of accident or date of
disablement.

 
JUSTIFICATION:

Under the Workers' Compensation Law, when it is determined that an
employer did not have a valid Workers' Compensation insurance policy in
effect on the date of an accident or date of disablement, the Uninsured
Employers Fund (UEF) is named as the carrier. In that situation, the
employer is liable to reimburse the UEF for all costs incurred by the
UEF due to the claim. The determination of who should be the carrier
takes place after a number of hearings at which the employer can attend
and provide proof of insurance. Proof of payment of premium and proper
cancellation by the insurance company are the most litigated issues.
These hearings are held at least a month a part. There are usually 2 or
3 hearings to determine the proper carrier.

Unfortunately, the Workers' Compensation Board has not been scheduling
the first hearing to determine the proper carrier until a month to three
months after discovering that, according to the Board's records, there
is no carrier. It takes virtually no time to discover whether a carrier
is on record since the records are computerized.  There is no reason to
delay the hearings to determine the proper carrier.

During the time before a proper carrier is determined, the injured work-
er has a difficult time obtaining medical treatment since most doctors
do not want to treat someone who does not have a carrier with a carrier
case number. Also, the claimant will not receive any payments until the
proper carrier is determined.

This bill would correct this situation. If the Board is unable to deter-
mine the identity of the responsible carrier within ten days of the
filing of a new claimant, the Board shall appoint the UEF as the tempo-
rary carrier until such time that the responsible carrier for the
employer is determined. Once the UEF is appointed as the temporary
carrier, the UEF shall immediately commence payments and provide medical
care in accordance with the Workers' Compensation Law.

Further, the Board shall schedule a hearing with notice to the employer
by certified mail, return receipt requested with a direction that the
employer provide proof of having insurance in effect as of the date of
injury or date of disablement. The hearing would also determine the
validity of the claim.

In the event, that a carrier other than the UEF is determined to be the
responsible carrier, that carrier is responsible to reimburse the UEF
for expenses of medical treatment and lost time incurred while the UEF
was the temporary carrier.

 
PRIOR LEGISLATIVE HISTORY:

2019: A7404 - Referred to Labor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately

2021-S6628 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6628
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 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 20 of the workers' compensation law is amended by
 adding a new subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING SUBDIVISION ONE OF THIS  SECTION,  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
 PROVIDE  PROOF  OF HAVING INSURANCE IN EFFECT AS PROVIDED BY SECTION TEN
 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05195-01-1

 S. 6628                             2
 
   § 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.
   § 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:

 S. 6628                             3
 
   §  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.

2021-S6628A (ACTIVE) - Details

See Assembly Version of this Bill:: A359
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §§26-a, 2, 201, 302 & 140, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: A7404

2021-S6628A (ACTIVE) - Summary

2021-S6628A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6628A

SPONSOR: SKOUFIS
 
TITLE OF BILL:

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 techni-
cal changes

 
PURPOSE OR GENERAL IDEA OF BILL:

To require the Workers' Compensation Board, if the Board is unable to
determine the identity of the responsible carrier within ten days of the
filing of a new claim, to appoint the Uninsured Employers' Fund (UEF) as
the temporary carrier until such time that the responsible carrier for
the employer is determined. Once the UEF is appointed as the temporary
carrier, the UEF shall immediately commence payments and provide medical
care in accordance with the Workers' Compensation Law. Further, the

Board shall immediately schedule a hearing with notice to the employer
by certified mail, return receipt requested, with a direction that the
employer provide proof of having insurance in effect as of the date of
injury or date of disablement. The hearing would also determine the
validity of the claim.

 
SUMMARY OF PROVISIONS:

Section 26-a of the Workers' Compensation Law is amended by adding a new
subdivision 6-a which provides that if the Workers' Compensation Board
is unable to determine the identity of the responsible insurance carrier
for the employer within ten days of the filing of a new claimant, 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 appointment, the Uninsured Employers' Fund
shall immediately commence payments and provide medical care in accord-
ance with the Workers' Compensation Law; and

b) schedule a hearing to determine the identity of the responsible
insurance carrier for the employer and to determine the validity of such
claim for compensation; and

c) provide notice of such claim and hearing to the employer by certified
mail, return receipt requested; with a direction that the employer
provide proof of having insurance in effect on the date of accident or
date of disablement.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

The amended version moves the provisions of the bill to section 26-a of
the Workers' Compensation Law.

 
JUSTIFICATION:


Under the Workers' Compensation Law, when it is determined that an
employer did not have a valid Workers' Compensation insurance policy in
effect on the date of an accident or date of disablement, the Uninsured
Employers Fund (UEF) is named as the carrier. In that situation, the
employer is liable to reimburse the UEF for all costs incurred by the
UEF due to the claim. The determination of who should be the carrier
takes place after a number of hearings at which the employer can attend
and provide proof of insurance. Proof of payment of premium and proper
cancellation by the insurance company are the most litigated issues.
These hearings are held at least a month a part. There are usually 2 or
3 hearings to determine the proper carrier.

Unfortunately, the Workers' Compensation Board has not been scheduling
the first hearing to determine the proper carrier until a month to three
months after discovering that, according to the Board's records, there
is no carrier. It takes virtually no time to discover whether a carrier
is on record since the records are computerized.  There is no reason to
delay the hearings to determine the proper carrier.

During the time before a proper carrier is determined, the injured work-
er has a difficult time obtaining medical treatment since most doctors
do not want to treat someone who does not have a carrier with a carrier
case number. Also, the claimant will not receive any payments until the
proper carrier is determined.

This bill would correct this situation. If the Board is unable to deter-
mine the identity of the responsible carrier within ten days of the
filing of a new claimant, the Board shall appoint the UEF as the tempo-
rary carrier until such time that the responsible carrier for the
employer is determined. Once the UEF is appointed as the temporary
carrier, the UEF shall immediately commence payments and provide medical
care in accordance with the Workers' Compensation Law. Further, the
Board shall schedule a hearing with notice to the employer by certified
mail, return receipt requested with a direction that the employer
provide proof of having insurance in effect as of the date of injury or
date of disablement. The hearing would also determine the validity of
the claim. In the event, that a carrier other than the UEF is deter-
mined to be the responsible carrier, that carrier is responsible to
reimburse the UEF for expenses of medical treatment and lost time
incurred while the UEF was the temporary carrier.

 
PRIOR LEGISLATIVE HISTORY:

2019-20: A.7404 (Jacobson) - Referred to Labor

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect 60 days after it shall have become a law and
shall apply to all claims filed on and after such date.

2021-S6628A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6628--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2021
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be  committed  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
 PROVIDE  PROOF  OF HAVING INSURANCE IN EFFECT AS PROVIDED BY SECTION TEN
 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05195-03-1

 S. 6628--A                          2
 
   § 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.
   § 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:

 S. 6628--A                          3
 
   §  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.

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