Current through 2016 New York Laws, Chapters 1 to 237
If the insurance carrier shall fail either to file notice of controversy or begin payment of compensation within the prescribed period or within ten days after receipt of a copy of the notice required in section one hundred ten of this chapter, whichever period is the greater, the board may, after a hearing, impose a penalty in the amount of three hundred dollars, which shall be in addition to all other penalties provided for in this chapter and shall be paid to the claimant. Such penalty shall be collected in like manner as an award of compensation.
Any collective bargaining agreement or agreement entered into by the employee and an employer which purports to preempt any provision of this chapter or in any way diminishes or changes rights and benefits provided under this chapter, except as expressly provided herein, shall be null, void and unenforceable.
Cases in such special part shall be scheduled in such a manner so that, where appropriate, any and all outstanding issues may be addressed at one hearing. An adjourned case shall be rescheduled as soon as practicable, but no later than thirty days following such adjournment.
If a request for an adjournment is made by a carrier or employer which is not an emergency and is deemed to be frivolous by the chair, a penalty of one thousand dollars shall be imposed by the chair. If such employer or carrier is represented by an attorney or licensed representative who is not an employee of the carrier or employer, the attorney or licensed representative shall be responsible for the payment of such penalty. If a request for an adjournment is made by a claimant who is represented by an attorney or a licensed representative which is not an emergency and is deemed to be frivolous by the chair, a penalty of five hundred dollars shall be imposed by the chair on the attorney or licensed representative. Such penalty shall be paid by the attorney or licensed representative and shall not come out of the claimant's award. No penalty shall be imposed on an unrepresented claimant who requests an adjournment.
Where such an employee receives a wage replacement benefit from such a public employee welfare fund in respect of the disability which forms the basis of the workers' compensation claim, the public employee welfare plan making such payment may, at any time before an award of workers' compensation benefits is made, file with the board a claim for reimbursement out of the proceeds of such award to the public employee for the period for which the wage replacement benefit was paid to the public employee under the rules of the public employee welfare fund, and shall have a lien against the award for reimbursement, provided that the insurance carrier or other entity liable for payment of the award receives, before such award is made, a copy of the claim for reimbursement from the public employee welfare fund which paid the wage replacement benefit, or provided that the board's decision and award directs such reimbursement.