S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2546
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2023
                                ___________
 
 Introduced  by  Sens.  RAMOS, SANDERS -- 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  notifica-
   tion  in the case of a change to a workers' compensation claims repre-
   sentative

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  workers' compensation law is amended by adding a new
 section 138 to read as follows:
   § 138. WORKERS' COMPENSATION CLAIMS REPRESENTATIVE  REPLACEMENT.    1.
 WHERE  AN INJURED EMPLOYEE IS ENTITLED TO WORKERS' COMPENSATION BENEFITS
 UNDER THIS CHAPTER AND A CLAIMS REPRESENTATIVE HAS BEEN ASSIGNED TO  HIS
 OR  HER WORKERS' COMPENSATION CLAIM BY AN INSURANCE CARRIER, SUCH INSUR-
 ANCE CARRIER SHALL BE REQUIRED TO NOTIFY SUCH INJURED EMPLOYEE  OR  SUCH
 EMPLOYEE'S  PERSONAL  REPRESENTATIVE  IN  THE  EVENT  THAT SUCH CLAIM IS
 ASSIGNED TO A NEW CLAIMS REPRESENTATIVE, OR IT IS  DETERMINED  THAT  THE
 ASSIGNMENT  OF  A  CLAIMS REPRESENTATIVE IS NO LONGER NECESSARY. FOR THE
 PURPOSES OF THIS SECTION, "CLAIMS REPRESENTATIVE" SHALL MEAN ANY EMPLOY-
 EE, AGENT, OR OTHER REPRESENTATIVE  OF  AN  INSURANCE  CARRIER  THAT  IS
 RESPONSIBLE  FOR  PROCESSING,  ADJUDICATING, OR IN ANY WAY EFFECTING THE
 SETTLEMENT OF A WORKERS' COMPENSATION CLAIM.
   2. AN INSURANCE CARRIER SHALL PROVIDE SUCH NOTICE BY ELECTRONIC  MEANS
 OR  BY CERTIFIED OR REGISTERED MAIL, AS ELECTED BY THE INJURED EMPLOYEE,
 RETURN RECEIPT REQUESTED, TO THE  LAST  KNOWN  ADDRESS  OF  THE  INJURED
 EMPLOYEE  OR  SUCH  EMPLOYEE'S  PERSONAL  REPRESENTATIVE WITHIN FOURTEEN
 BUSINESS DAYS OF THE REPLACEMENT OF ANY  CLAIMS  REPRESENTATIVE  OR  THE
 DETERMINATION THAT THE ASSIGNMENT OF A CLAIMS REPRESENTATIVE IS NO LONG-
 ER NECESSARY. SUCH NOTICE SHALL INCLUDE THE NAME AND CONTACT INFORMATION
 OF THE NEW CLAIMS REPRESENTATIVE WHEN A NEW ASSIGNMENT HAS BEEN MADE.
   §  2. The workers' compensation law is amended by adding a new section
 138-a to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06225-01-3
              

 S. 2546                             2
 
   § 138-A.  WORKERS'  COMPENSATION  CLAIMS  REPRESENTATIVE  REPLACEMENT;
 SELF-INSURED EMPLOYER. 1. WHERE AN INJURED EMPLOYEE IS ENTITLED TO WORK-
 ERS'  COMPENSATION  BENEFITS  UNDER  THIS CHAPTER AND A CLAIMS REPRESEN-
 TATIVE HAS BEEN ASSIGNED TO HIS OR HER WORKERS' COMPENSATION CLAIM BY  A
 SELF-INSURED  EMPLOYER,  SUCH SELF-INSURED EMPLOYER SHALL BE REQUIRED TO
 NOTIFY SUCH INJURED EMPLOYEE OR SUCH EMPLOYEE'S PERSONAL  REPRESENTATIVE
 IN THE EVENT THAT SUCH CLAIM IS ASSIGNED TO A NEW CLAIMS REPRESENTATIVE,
 OR IT IS DETERMINED THAT THE ASSIGNMENT OF A CLAIMS REPRESENTATIVE IS NO
 LONGER  NECESSARY.  FOR  THE PURPOSES OF THIS SECTION, "CLAIMS REPRESEN-
 TATIVE" SHALL MEAN ANY EMPLOYEE, AGENT, OR  OTHER  REPRESENTATIVE  OF  A
 SELF-INSURED  EMPLOYER THAT IS RESPONSIBLE FOR PROCESSING, ADJUDICATING,
 OR IN ANY WAY EFFECTING THE SETTLEMENT OF A WORKERS' COMPENSATION CLAIM.
   2. A SELF-INSURED EMPLOYER SHALL PROVIDE  SUCH  NOTICE  BY  ELECTRONIC
 MEANS  OR  BY  CERTIFIED  OR  REGISTERED MAIL, AS ELECTED BY THE INJURED
 EMPLOYEE, RETURN RECEIPT REQUESTED, TO THE LAST  KNOWN  ADDRESS  OF  THE
 INJURED EMPLOYEE OR SUCH EMPLOYEE'S PERSONAL REPRESENTATIVE WITHIN FOUR-
 TEEN  BUSINESS  DAYS  OF THE REPLACEMENT OF ANY CLAIMS REPRESENTATIVE OR
 THE DETERMINATION THAT THE ASSIGNMENT OF A CLAIMS REPRESENTATIVE  IS  NO
 LONGER  NECESSARY. SUCH NOTICE SHALL INCLUDE THE NAME AND CONTACT INFOR-
 MATION OF THE NEW CLAIMS REPRESENTATIVE WHEN A NEW ASSIGNMENT  HAS  BEEN
 MADE.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.