New York State Workers' Compensation Law Annotated

Contains Workers' Compensation Law, Emergency Workers' Benefit Law, and material from New York Codes, Rules, and Regulations.

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An authoritative collection in this area of the law, New York Workers' Compensation Law is the official publication of the New York State Workers' Compensation Board. Complete with an introduction from Chair of the Board, this book contains Workers' Compensation Law, Emergency Workers' Benefit Law, and material from New York Codes, Rules, and Regulations. The text is enriched with special cross-references and full annotations from the New York Consolidated Laws Service.

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New York Workers' Compensation Handbook

Table of Contents

CLS Consolidated Laws Affected by Laws of 2019 and 2020

THE CONSTITUTION OF THE STATE OF NEW YORK

Article I Bill of Rights, § 18

WORKERS’ COMPENSATION LAW

Article 1 Short
Title; Definitions; Application, §§ 1 through 4
Article 2 Compensation, §§ 9 through 35
Article 3 Occupational Diseases, §§ 37 through 49-b
Article 3-A Occupational Loss of Hearing, §§ 49-aa through 49-hh
Article 4 Security for Compensation, §§ 50 through 58
Article 5 County Self-Insurance Plan, §§ 60 through 75-a
Article 6 State Insurance Fund, §§ 76 through 105-a
Article 6-A Workers’ Compensation Security Fund, §§ 106 through 109-j
Article 7 Miscellaneous Provisions, §§ 110 through 137
Article 8 Administration, §§ 140 through 157
Article 8-A World Trade Center Rescue, Recovery and Clean-up Operations, §§ 161 through 168
Article 9 Disability Benefits, §§ 200 through 242
Article 10 Workmen’s Compensation Act for Civil Defense Volunteers, §§ 300 through 328
Article 10-A Preferred Provider Organizations, §§ 350 through 355
Article 11 Laws Repealed; When to Take Effect, §§ 400, 401

EXECUTIVE LAW

Article 6-F New York Black Car Operators’ Injury Compensation Fund, Inc., §§ 160-cc through 160-oo
Article 6-G Independent Livery Driver Benefit Fund, §§ 160-aaa through 160-iii

INSURANCE LAW

Article 1 General Provisions, § 107
Article 3 Administrative and Procedural Provisions, § 308
Article 4 Insurance Frauds Prevention, § 406
Article 23 Property/Casualty Insurance Rates, §§ 2304, 2305, 2313, 2316, 2339, 2342

LABOR LAW

Article 18 Unemployment Insurance Law
Title 3 Administration, § 537

PUBLIC AUTHORITIES LAW

Article 8 Miscellaneous Authorities
Title 4 Dormitory Authority, § 1680-l

PUBLIC OFFICERS LAW

Article 2 Appointment and Qualification of Public Officers, § 17

TAX LAW

Article 22 Personal Income Tax
Part VI Procedure and Administration, § 697

VEHICLE AND TRAFFIC LAW

Title VIII Respective Powers of State and Local Authorities
Article 44-B Transportation Network Company Services, §§ 1691 through 1700

VOLUNTEER AMBULANCE WORKERS’ BENEFIT LAW

Article I Short
Title; Purpose; Definitions, §§ 1 through 3
Article II Coverage and Benefits, §§ 5 through 25
Article III Liability for Benefits; Insurance, §§ 30 through 32
Article IV Procedure, §§ 40 through 61
Article V Saving Clauses, §§ 90, 91

VOLUNTEER FIREFIGHTERS’ BENEFIT LAW

Article I Short
Title; Purpose; Definitions; Miscellaneous, §§ 1 through 4
Article II Coverage and Benefits, §§ 5 through 25
Article III Liability for Benefits; Insurance, §§ 30 through 33
Article IV Procedure, §§ 40 through 61
Article V Savings Clauses; Effective Date, §§ 70 through 72

NEW YORK CODES, RULES AND REGULATIONS

Title 12 Department of Labor
Chapter V Workers’ Compensation
Subchapter A General Provisions
Part 300 Procedure Before the Board, §§ 300.1 through 300.38
Part 301 Fees for Attendance of Physicians, Podiatrists, Chiropractors and Psychologists at Hearings, §§ 301.1 through 301.6
Part 302 Licensing Representatives of Claimants and Self-Insurers, §§ 302-1.1 through 302-3.1
Part 303 Resolution of Workers’ Compensation Claims of Officers and Employees of the Workers’ Compensation Board and the State Insurance Fund, §§ 303.1 through 303.10
Part 308 Employer Compliance, Enforcement, Record and Report Requirements and Stop-Work Orders, §§ 308.1 through 308.5
Part 309 Independent Livery Driver Benefit Fund, §§ 309.1 through 309.3
Part 310 Reporting of Injuries by Employers, § 310.1
Part 311 Funeral Expenses Fee Schedule, § 311.1
Part 312 Conciliation Processing, §§ 312.1 through 312.6
Part 313 Administrative Determination Processing, §§ 313.1 through 313.3
Part 314 Alternative Dispute Resolution of Claims, §§ 314.1 through 314.8

Subchapter B Self-Insurers
Part 315 Regulations, §§ 315.1 through 315.5
Part 316 Rules, §§ 316.1 through 316.5
Part 317 Group Self-Insurance, §§ 317.1 through 317.22
Part 318 Finance Regulations, §§ 318.1 through 318.12
Part 319 Transportation Network Companies, §§ 319.1 through 319.3
Part 320 New York Jockey Injury Compensation Fund, Inc., §§ 320.1 through 320.4

Subchapter C Medical Treatment and Care
Part 323 Medical Provider Authorization, § 323.1
Part 324 Medical Treatment Guidelines, §§ 324.1 through 324.6
Part 325 Medical and Surgical Care and Treatment, §§ 325-1.1 through 325-8.6 1245
Part 326 Medical Appeals Unit Rules Relating to the Practice of Medicine, §§ 326-1.1 through 326-2.10
Part 327 Arbitration of Hospital Bills, §§ 327.1 through 327.13
Part 328 Arbitration of Medical Bills, §§ 328.1 through 328.12
Part 329 Medical, Outpatient and Ambulatory Surgery Services Fee Schedules, §§ 329-1.1 through 329-4.2

Subchapter D Psychology Treatment and Care
Part 330 Procedure Before Psychology Practice Committee, §§ 330.1 through 330.7
Part 331 Psychology Treatment and Care, §§ 331.1 through 331.10
Part 332 Examination of Disputed Psychology Bills, §§ 332.1 through 332.9
Part 333 Psychology Fee Schedule, §§ 333.1, 333.2

Subchapter E Podiatry Practice
Part 340 Procedure Before Podiatry Practice Committee, §§ 340.1 through 340.7 1295
Part 341 Podiatry Care and Treatment, §§ 341.1 through 341.12
Part 342 Arbitration of Disputed Podiatry Bills, §§ 342.1 through 342.10
Part 343 Podiatry Fee Schedule, §§ 343.1, 343.2

Subchapter F Chiropractic Practice
Part 345 Procedure Before Chiropractic Practice Committee, §§ 345.1 through 345.7
Part 346 Chiropractic Care and Treatment, §§ 346.1 through 346.12
Part 347 Examination of Disputed Chiropractic Bills, §§ 347.1 through 347.9
Part 348 Chiropractic Fee Schedule, §§ 348.1, 348.2
Part 349 Occupational/Physical Therapy Practice, §§ 349-1.1 through 349-2.11

Subchapter G Occupational Loss of Hearing
Part 351 Damage Risk Criteria; Standards for Measurement and Determination of Loss of Hearing, §§ 351.1 through 351.10

Subchapter H Disability Benefits
Article 1 Regulations Under Disability Benefits Law
Part 355 Definitions, §§ 355.1 through 355.9
Part 356 Temporary Contributions (January 1-June 30, 1950), §§ 356.1 through 356.3
Part 357 Wages, §§ 357.1, 357.2
Part 358 Plans, §§ 358-1.1 through 358-3.9
Part 359 Employees Who Are Eligible for Benefits Provided by Their Employers, §§ 359.1 through 359.5
Part 360 The Insurance Contract, § 360.1
Part 361 Self-Insurance Regulations, §§ 361.1 through 361.8
Part 362 Permanent Contributions, §§ 362.1, 362.2
Part 363 Claims, §§ 363.1 through 363.14
Part 364 Assessments, § 364.1
Article 2 Rules Under Disability Benefits Law
Part 375 Evaluation of Plan Benefits, §§ 375.1 through 375.5
Part 376 Self-Insurance-Rules, § 376.1
Part 377 Permanent Contributions, § 377.1
Part 378 Medical Proof of Disability, § 378.1
Part 379 Irregular Remuneration, § 379.1
Part 380 Paid Family Leave, § 380-1.1 through 380-10.2

Subchapter I Actuarial Procedure
Part 390 Lump-Sum Payments, §§ 390.1 through 390.3
Part 391 Third-
Party Recovery, §§ 391.1, 391.2
Part 392 Computation of Interest on Awards, §§ 392.1 through 392.3
Part 393 Aggregate Trust Funds, §§ 393.1 through 393.12

Subchapter J Volunteer Firefighters and Volunteer Ambulance Workers
Part 400 Application of Workers’ Compensation Board Rules to the Volunteer Firefighters’ Benefit Law, § 400.1
Part 401 Application of Chair Rules to the Volunteer Firefighters’ Benefit Law, §§ 401.1 through 401.7
Part 402 Application of Medical Appeals Unit Rules to the Volunteer Firefighters’ Benefit Law, § 402.1
Part 403 Controverted Claims for Benefits for Death or Disability Due to Disease or Malfunction of the Heart or of One or More Coronary Arteries, § 403.1
Part 410 Application of Workers’ Compensation Board Rules to the Volunteer Ambulance Workers’ Benefit Law, § 410.1
Part 411 Application of Chair Rules to the Volunteer Ambulance Workers’ Benefit Law, §§ 411.1 through 411.7
Part 412 Application of Medical Appeals Unit Rules to the Volunteer Ambulance Workers’ Benefit Law, § 412.1

Subchapter K Freedom of Information
Part 425 Public Access to Workers’ Compensation Board Records, §§ 425.1 through 425.8
Part 430 Personal Privacy Protection, §§ 430.1 through 430.12

Subchapter L Safety Incentive Program
Part 431 Safety Incentive Program, §§ 431.1 through 431.5

Subchapter M Pharmacy and Durable Medical Goods Fee Schedules and Appendices
Part 440 Pharmacy Fee Schedule, §§ 440.1 through 440.10
Part 441 Formulary, §§ 441.1 through 441.8
Part 442 Durable Medical Goods Fee Schedule, §§ 442.1 through 442.3
Part 444 Dental Fee Schedule, §§ 444.1 through 444.3

Chapter XV Division of Research and Statistics
Appendix C-6
Index