Aggregated by Superinsight from public-domain sources, as of 2026-09-02.
N.Y. Workers' Comp. Law § 140
NYS Open Legislation, revision of 2022-02-25.
§ 140. Workers' compensation board. The workers' 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, nineteen 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.
N.Y. Workers' Comp. Law § 141
NYS Open Legislation, revision of 2026-05-29.
§ 141. General powers and duties of the chair. The chair shall be the administrative head of the workers' compensation board and shall exercise the powers and perform the duties in relation to the administration of this chapter heretofore vested in the commissioner of labor by chapter fifty of the laws of nineteen hundred twenty-one, and acts amendatory thereof, and by this chapter excepting article six thereof, and except in so far as such powers and duties are vested by this chapter in the workers' compensation board. The chair shall preside at all meetings of the board and shall appoint all committees and panels of the board; shall designate the times and places for the hearing of claims under this chapter and shall perform all administrative functions of the board as in this chapter set forth. The chair, in the name of the board, shall enforce all the provisions of this chapter, and may make administrative regulations and orders providing for the receipt, indexing and examining of all notices, claims and reports, for the giving of notice of hearings and of decisions, for certifying of records, for the fixing of the times and places for the hearing of claims, and for providing for the conduct of hearings and establishing of calendar practice to the extent not inconsistent with the rules of the board. The chair shall issue and may revoke certificates of authorization of physicians, chiropractors and podiatrists as provided in sections thirteen-a, thirteen-k and thirteen-1 of this chapter, and licenses for medical bureaus and x-ray and other laboratories under the provisions of section thirteen-c of this chapter, issue stop work orders as provided in section one hundred forty-one-a of this article, and shall have and exercise all powers not otherwise provided for herein in relation to the administration of this chapter heretofore expressly conferred upon the commissioner of labor by any of the provisions of this chapter, or of the labor law. The chair, on behalf of the workers' compensation board, shall enter into the agreement provided for in section one hundred seventy-one-h of the tax law, and shall take such other actions as may be necessary to carry out the agreement provided for in such section for matching beneficiary records of workers' compensation with information provided by employers to the state directory of new hires for the purposes of verifying eligibility for such benefits and for administering workers' compensation.
NB Effective until January 1, 2028
§ 141. General powers and duties of the chair. The chair shall be the administrative head of the workers' compensation board and shall exercise the powers and perform the duties in relation to the administration of this chapter heretofore vested in the commissioner of labor by chapter fifty of the laws of nineteen hundred twenty-one, and acts amendatory thereof, and by this chapter excepting article six thereof, and except in so far as such powers and duties are vested by this chapter in the workers' compensation board. The chair shall preside at all meetings of the board and shall appoint all committees and panels of the board; shall designate the times and places for the hearing of claims under this chapter and shall perform all administrative functions of the board as in this chapter set forth. The chair, in the name of the board, shall enforce all the provisions of this chapter, and may make administrative regulations and orders providing for the receipt, indexing and examining of all notices, claims and reports, for the giving of notice of hearings and of decisions, for certifying of records, for the fixing of the times and places for the hearing of claims, and for providing for the conduct of hearings and establishing of calendar practice to the extent not inconsistent with the rules of the board. The chair shall issue and may revoke certificates of authorization of physicians, chiropractors, podiatrists, and psychologists to perform independent medical examinations in accordance with paragraph (b) of subdivision four of section thirteen-a and section one hundred thirty-seven of this chapter, and licenses for medical bureaus and x-ray and other laboratories under the provisions of section thirteen-c of this chapter, shall publish and maintain an exclusion list, in accordance with section thirteen-d of this chapter, for providers as defined in section thirteen-b of this chapter currently disqualified from providing medical care or from performing independent medical examinations in accordance with paragraph (b) of subdivision four of section thirteen-a and section one hundred thirty-seven of this chapter, shall develop and require trainings for providers as defined in section thirteen-b of this chapter, which shall include, but not be limited to, the role of medical evidence in the board's determination of claims, the contents of medical reports, the process for seeking authorization for special services, diagnostic test networks, and permanency guidelines, issue stop work orders as provided in section one hundred forty-one-a of this article, and shall have and exercise all powers not otherwise provided for herein in relation to the administration of this chapter heretofore expressly conferred upon the commissioner of labor by any of the provisions of this chapter, or of the labor law. The chair, on behalf of the workers' compensation board, shall enter into the agreement provided for in section one hundred seventy-one-h of the tax law, and shall take such other actions as may be necessary to carry out the agreement provided for in such section for matching beneficiary records of workers' compensation with information provided by employers to the state directory of new hires for the purposes of verifying eligibility for such benefits and for administering workers' compensation. The chair shall promulgate regulations to (1) require that the employer or its carrier or special fund shall pay the costs associated with any deposition of a claimant's provider, and (2) allow workers' compensation law judges to deny cross-examination of a provider where appropriate. The chair may promulgate further regulations designed to prevent the consequences of a treating provider's failure to comply with statutory or regulatory provisions, including failure to appear for a deposition, from unduly harming the injured worker's receipt of compensation or medical treatment.
NB Effective January 1, 2028
N.Y. Workers' Comp. Law § 141-A
NYS Open Legislation, revision of 2016-04-08.
§ 141-a. Civil enforcement. 1. To investigate violations of sections fifty-two, one hundred thirty-one and two hundred thirteen of this chapter, the chair or his or her designees shall have the power to:
(a) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance.
(b) Examine and copy business records.
(c) Administer oaths and affirmations.
(d) Issue and serve subpoenas for attendance of witnesses or production of business records, books, papers, correspondence, memoranda, and other records. Such subpoenas may be served without the state on any defendant over whom a New York court would have personal jurisdiction under the civil practice law and rules as to the subject matter under investigation, provided the information or testimony sought bears a reasonable relationship to the subject matter under investigation.
The chair shall specify by rule the business records that employers must maintain and produce to comply with this section.
If a person has refused to obey a subpoena, the chair may commence an action in supreme court of any county where venue is proper for an order requiring compliance with the subpoena. Costs, including reasonable attorney's fees, incurred by the chair to obtain and enforce an order granting, in whole or in part, a petition to enforce a subpoena shall be taxed against the subpoenaed party.
(a) Whenever the chair determines that an employer who is required to secure compensation in accordance with this chapter has failed to secure such compensation, or where an employer has failed to pay penalties assessed against it pursuant to this chapter, or failed to pay a judgment under section twenty-six of this chapter within ninety days after notice to the employer and has not moved to modify or vacate such judgment, such failure shall be deemed an immediate serious danger to public health, safety, or welfare sufficient to justify service by the chair of a stop-work order on the employer, requiring the cessation of all business operations effective immediately, except where the employer's failure concerns only domestic or child care workers in his or her own household. The chair may issue such order, which shall take effect as to a particular employer worksite when served at that worksite, or as to all employer worksites in the state for which the employer is not in compliance when served on the employer. A stop-work order may be served with regard to an employer's worksite by posting a copy of the stop-work order in a conspicuous location at the worksite. The order shall remain in effect until the chair directs that the stop-work order be removed, upon a determination that the employer has come into compliance with the coverage requirements of this chapter and has paid any penalty assessed under this chapter. If the employer shall within thirty days after notice of the stop-work order make an application in affidavit form for a redetermination review of such order the chair shall make a decision in writing on the issues raised in such application. The chair may direct a conditional release from a stop-work order upon a finding that the employer has complied with coverage requirements of this chapter and has agreed to remit periodic payments of the penalty pursuant to a payment agreement schedule with the chair. If an agreement or order of conditional release is issued, failure by the employer to meet any term or condition of such payment agreement shall result in the immediate reinstatement of the stop-work order and the entire unpaid balance of the penalty shall become immediately due. The chair may require an employer who is found to have failed to comply with the coverage requirements of this chapter to file with the board, as a condition of release from a stop-work order, periodic reports for a probationary period that shall not exceed two years, and that demonstrate the employer's continued compliance with this chapter. The board shall by rule specify the reports required and the time for filing under this subdivision.
(b) A stop-work order issued against an employer under this section shall be in effect against any non-compliant substantially-owned affiliated entity.
The chair may file a complaint in the supreme court of any county where venue is proper: (a) to enjoin any employer from violating a stop-work order; or (b) to enjoin any other practice prohibited by section fifty-two or one hundred thirty-one of this chapter. In any action brought by the chair pursuant to this section in which it prevails, the court may award costs, including the reasonable costs of investigation and reasonable attorneys' fees.
Any judgment obtained by the chair and any penalty due under this section shall, until collected, constitute a lien upon the entire interest of the employer, legal or equitable, in any property, real or personal, tangible or intangible; however, such lien is subordinate to claims for unpaid wages and any prior recorded liens, and a lien created by this section is not valid against any person who, subsequent to such lien and in good faith and for value, purchases real or personal property from such employer or becomes the mortgagee on real or personal property of such employer, or against a subsequent attaching creditor, unless, with respect to real estate of the employer, a notice of the lien is recorded in the public records of the county where the real estate is located, and with respect to personal property of the employer, the notice is recorded with the secretary of state.
In any court proceedings under this section, the chair shall be represented by the attorney general.
N.Y. Workers' Comp. Law § 141-B
NYS Open Legislation, revision of 2014-09-22.
§ 141-b. Suspension and debarment. Any person subject to a final assessment of civil fines or penalties or a stop-work order, or that has been convicted of a misdemeanor for a violation of sections twenty-six, fifty-two or one hundred thirty-one of this chapter, and any substantially-owned affiliated entity of such person, shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with the state, any municipal corporation or public body for a period of one year from the final determination or conviction. Any person convicted of a felony under this article, or a misdemeanor under sections one hundred twenty-five and one hundred twenty-five-a of this chapter shall be ineligible to submit a bid on or be awarded any public work contract or subcontract with the state, any municipal corporation or public body for a period of five years from such conviction.
N.Y. Workers' Comp. Law § 141-C
NYS Open Legislation, revision of 2014-09-22.
§ 141-c. Coordination of forms. The board, the commissioner of labor, the commissioner of taxation and finance, the commissioner of motor vehicles, and the superintendent of financial services shall consult on an ongoing basis to coordinate the amendment of forms used to gather data helpful in identifying fraud, so as to promote effective use and sharing of such information for identifying fraud in the area of workers' compensation. Through such consultations and other means, these agencies shall study the implementation of appropriate practicable technology to verify the authenticity of forms, including certificates of coverage.
N.Y. Workers' Comp. Law § 142
NYS Open Legislation, revision of 2014-09-22.
§ 142. General powers and duties of the workmen's compensation board. 1. The workmen's compensation board shall have power to hear and determine all claims for compensation or benefits or relating to special funds created under the provisions of this chapter, in the manner provided by this chapter; to require medical service for injured employees as provided by this chapter; to approve and fix attorney's fees and claims for medical service to the extent provided in this chapter; to excuse failure to give notice either of injury or death of an employee, to approve agreements, to modify or rescind awards, to make conclusions of fact and rulings of law, to certify questions to the appellate division of the supreme court, to enter orders in appealed cases, to determine the time for the payment of compensation, to order the reimbursement of employers for amounts advanced, to assess penalties, to commute awards, to compromise actions for the collection of awards, to require or permit employers to deposit the present value of awards in the aggregate trust fund of the state fund, to determine by rule the assignment of a minor's right to sue a third party, to require guardianship for minor dependents, to hear and determine claims under the occupational disease act, to order physical examinations, to take testimony by depositions; and to have and exercise all other powers and duties, exclusive of purely administrative functions, originally conferred or imposed upon the workmen's compensation commission by this chapter, or by any other statute, and by chapter six hundred and seventy-four of the laws of nineteen hundred fifteen conferred and imposed upon the industrial commission, and by chapter fifty of the laws of nineteen hundred twenty-one conferred and imposed upon the industrial board. For the purpose of exercising such powers and performing such duties, the workmen's compensation board shall be deemed to be a continuation of the industrial board provided for by the provisions of the labor law; and all proceedings under this chapter pending before such board are hereby transferred to the workmen's compensation board without prejudice to the rights of any party to such proceeding.
The workmen's compensation board, subject to the provisions of this chapter and of the provisions of the labor law as to the distribution of functions, shall succeed to all the rights, powers, duties and obligations of the department of labor, the industrial commissioner and the industrial board, in so far as they relate to workmen's compensation, as heretofore constituted, except such as are vested in the chairman of the board by this article and except with respect to article six of this chapter.
Whenever the term "industrial board" or the "chairman" or "vice-chairman" thereof appears in this chapter or in the provisions of the labor law after the time this article takes effect, it shall be construed to mean the workmen's compensation board or the chairman thereof, as created by the provisions of this chapter, as may be required by the context unless the contrary shall be indicated.
Notwithstanding any provision in this section to the contrary, a member of the board may be designated by the chair to act individually in the hearing and determination of any claim under this chapter, or conduct any investigation, hearing or inquiry hereunder, or review and rescind any order, decision or determination upon any claim and restore such claim for further trial hearing and evidence or consideration except that such member may not conduct any appellate rehearing of any case or otherwise review any order, decision or determination upon any claim and reverse, modify or affirm such order, decision or determination which by the provisions of this section shall be reheard or reviewed by the board or a panel thereof.
The members of the workmen's compensation board, the referees and any other officer of the board designated by the chairman, shall have power:
a. To issue subpoenas for and compel the attendance of witnesses and the production of books, contracts, papers, documents and other evidence;
b. To hear testimony and take or cause to be taken depositions of witnesses residing within or without this state in the manner prescribed by law for like depositions in civil actions in the supreme court. Subpoenas and commissions to take testimony shall be issued under the seal of the board.
Notwithstanding the provisions of any other law, neither the industrial commissioner nor any board or other agency of the department of labor shall in any way direct, review, modify or reverse any decision or finding of the board nor shall the industrial commissioner or any board or other agency of the department of labor supervise or control the board or its members in the exercise of any powers or in the performance of any duties under this chapter.
The workers' compensation board shall keep an accurate record of all hearings held. Where the decision of a referee is affirmed by the board upon review, the board shall assess against each insurance carrier or employer seeking such review the sum of one hundred fifty dollars and may assess against any other party the sum of twenty dollars. The amount so secured from these assessments shall be paid into the state treasury.
The workers' compensation board shall not release any information acquired pursuant to section five hundred thirty-seven of the labor law and section one hundred seventy-one-a of the tax law unless the release of such information is required to further fraud control activities undertaken by the workers' compensation board pursuant to this chapter, in which case release of such information shall be subject to the restrictions contained in section five hundred thirty-seven of the labor law and section one hundred seventy-one-a of the tax law.
Where there has been a motor vehicle accident which caused personal injury and there is a dispute as to whether the injury occurred in the course of employment, the workers' compensation board shall, after notice to the no-fault carrier and the workers' compensation carrier, hold an expedited hearing on the issue of whether the accident occurred during the course of employment.
N.Y. Workers' Comp. Law § 143
NYS Open Legislation, revision of 2014-09-22.
§ 143. Maintenance of records. 1. The board is authorized and empowered to use electronic means in accordance with section three hundred five of the state technology law to record and maintain public records, papers, documents or matters required by law to be recorded. Such records shall be capable of being copied, photographed, or microphotographed by a process which accurately reproduces the original thereof in all details.
The copies thereof shall be deemed to be an original record for all purposes, including introduction in evidence in all courts or administrative agencies. A transcript, exemplification or certified copy thereof shall, for all purposes recited herein, be deemed to be a transcript, exemplification, or certified copy of the original.
The board shall have the power to authorize the destruction, sale to a historical, educational, or scientific organization or to otherwise dispose of its records, subject only to receiving the consent of the commissioner of education as may be required by article fifty-seven of the arts and cultural affairs law.
N.Y. Workers' Comp. Law § 144
NYS Open Legislation, revision of 2014-09-22.
§ 144. Seal. The board may adopt a seal and require that it be used for the authentication of orders and proceedings and for such other purposes as the board may prescribe.
N.Y. Workers' Comp. Law § 145
NYS Open Legislation, revision of 2014-09-22.
§ 145. Oaths of office. The members of the board and the secretary shall, before entering upon the duties of their office, take and subscribe the constitutional oath of office. Such oaths shall be filed in the office of the department of state.
N.Y. Workers' Comp. Law § 146
NYS Open Legislation, revision of 2014-09-22.
§ 146. Offices of the board. There shall be an office of the board in the city of New York and at such other place or places in the state as may be required properly and conveniently to transact the business of the board. The board may meet and exercise any or all of its powers at any place in the state.
N.Y. Workers' Comp. Law § 147
NYS Open Legislation, revision of 2014-09-22.
§ 147. Vacancies and removals. If a vacancy shall occur in the office of any member of the board otherwise than by expiration of term, it shall be filled by the governor, by and with the advice and consent of the senate, for the unexpired term. The governor may remove the chairman or any member of the board for cause after giving him a copy of the charges and an opportunity of being heard in person or by counsel on not less than ten days' notice. If the chairman or a member of the board be removed the governor shall file with the department of state a statement of the cause of such removal.
N.Y. Workers' Comp. Law § 148
NYS Open Legislation, revision of 2014-09-22.
§ 148. Salaries and expenses. 1. The chairman and members of the board shall devote their entire time to the duties of their office and shall not practice in their respective professions or callings. The reasonable and necessary expenses of the board and the reasonable and necessary traveling and other expenses of the chairman and members of the board, the secretary and other officers and employees of the board, while actually engaged in the performance of their duties, outside of the city of Albany, or if any such officer or employee be in charge of or actually employed at an office of the board outside of the city of Albany, the reasonable and necessary traveling and other expenses outside of the place in which such office is located, shall be paid from the state treasury upon the audit and warrant of the comptroller, upon vouchers approved by the chairman or vice-chairman or secretary of the board.
N.Y. Workers' Comp. Law § 149
NYS Open Legislation, revision of 2014-09-22.
§ 149. Employees. Permanent employees of the department of labor assigned to duties wholly in relation to the enforcement and administration of this chapter, in the competitive class of the classified civil service in office when this section takes effect shall continue in office, except that upon certification by the chairman to the director of the budget filed within sixty days from the time this chapter takes effect that any such employee is not required for the exercise of the functions, powers, duties and obligations transferred and assigned to the board pursuant to this chapter, such employee shall not be continued; provided, however, that whenever there are more than three officers or employees in the same class and grade of position the provisions of section thirty-one of the civil service law shall apply, and any such employee or employees not continued in office shall be placed on the preferred eligible list.
The chairman of the board may appoint officers and employees, including such investigators, statisticians, examiners, and other assistants, as may be necessary for the exercise of the powers and the performance of the duties of the chairman or the board.
The chairman may transfer officers or employees from their positions to other positions under the board; may abolish or consolidate such positions; and may suspend or remove from office any officer or employee of the board; subject, however, to the provisions of the civil service law and rules.
N.Y. Workers' Comp. Law § 150
NYS Open Legislation, revision of 2014-09-22.
§ 150. Referees and secretary. (a) The chair shall appoint as many persons as may be necessary to be referees to perform the duties prescribed by this section. All positions of referee now in existence shall remain in the exempt class of the classified civil service, except as otherwise provided herein. The term of referees appointed to positions in the exempt class shall be seven years from the date of appointment; provided, however, that referees may be removed by the chair for cause after notice of charges and an opportunity to be heard. A newly created position of referee, or one that has been vacated, shall be classified in the competitive class of the classified service, and the term of office prescribed herein shall not apply to such appointments; provided, however, that those who are serving in referee positions on the date that this act becomes effective whose term has already expired or whose term expires on or after such effective date may, in the discretion of the appointing authority, be retained in that position until the expiration of the eligible list established as the result of the next competitive examination appropriate for such title, held after January first, nineteen hundred ninety-one or may, before such time, be appointed from such eligible list.
A referee shall devote his or her entire time to the duties of that office and shall not hold any other public office or public employment for which compensation is received, other than necessary travel or other expenses incurred in the performance of the duties of such office or employment, and may engage in any employment that does not conflict with the proper performance of the duties of his or her office and is not inconsistent with the public officers law. Referees shall receive an annual salary to be fixed by the chair within the appropriation made therefor.
(b) It shall be the duty of a referee, under rules adopted by the board, to hear and determine claims for compensation, and to conduct such hearings and investigations and to make such orders, decisions and determinations as may be required by any general or special rule or order of the board under the provisions of this chapter. The decision of a referee on such a claim shall be deemed the decision of the board from the date of the filing thereof in the office of the secretary of the board unless the board, on its own motion or on application duly made to it, modify or rescind such decision. Whenever any deaf person is a party to a hearing conducted before a referee, or a witness therein, the referee shall in all instances appoint a qualified interpreter who is certified by a recognized national or New York state credentialing authority to interpret the proceedings to and the testimony of such deaf person. The board shall determine a reasonable fee for all such interpreting services, the cost of which shall constitute an administrative expense.
(c) Notwithstanding any other provisions of this section to the contrary, the chair may establish a list of board employees qualified by training or experience to serve as acting referees. When the chair or his or her duly designated representative shall determine that a temporary emergency exists, he, she or said representative may assign an employee from such list to serve as an acting referee during such temporary emergency. Such board employee qualified by training or experience shall serve without additional compensation and shall have all the powers and duties of a duly appointed referee.
(d) There shall be a secretary of the board who shall be appointed and may be removed by the board. The board shall fix his salary within the limits of the appropriations therefor. The secretary shall perform such duties in connection with meetings of the board and such other duties as may be assigned to him by the board. He shall also perform such of the administrative duties and have such of the administrative powers of the chairman of the board as may be delegated or assigned to him by the chairman.
N.Y. Workers' Comp. Law § 150-A
NYS Open Legislation, revision of 2014-09-22.
§ 150-a. Secretary as agent for service of process on non-resident non-insured employers; method and effect of service. Any non-insured employer, not a resident of this state or any resident non-insured employer who becomes a non-resident of this state after the occurrence of any injury to an employee, who shall employ or who shall have employed any person who shall be entitled to benefits under this chapter, shall be deemed, by the accepting of the privilege of engaging in work in this state, to make, constitute and appoint the secretary of the workmen's compensation board as his or its agent for the acceptance of process in any proceeding by any such employee or dependent or representative of such employee, under and by virtue of this chapter; and the acceptance of such privilege shall be a signification of such employer that any such process issued against him or it, which is so served, shall be of the same legal force and validity as if served upon him or it personally within the state.
Service of such process shall be made by filing a copy of the claim for workmen's compensation with the secretary of the board, and such service shall be sufficient service upon such non-resident employer, provided that notice of such filing together with copy of the claim for workmen's compensation are forthwith sent by registered mail by the secretary of the board to the employer to the address stated in such claim for workmen's compensation or the last known address of the employer.
A non-resident employer against whom claim for compensation has been filed with the chairman under and by virtue of this chapter shall be deemed to have consented that the appointment of the secretary of the board as his or its agent for the acceptance of process pursuant to the provisions of this section shall be irrevocable and binding upon his executor or administrator. Where the non-resident employer has died prior to the filing of a claim for workmen's compensation with the chairman, service of process shall be made on the executor or administrator of such non-resident employer in the same manner and on the same notice as is provided in the case of a non-resident employer. Where the non-resident employer has died subsequent to the service of process made in accordance with the provisions of this section, the proceedings under and by virtue of this chapter shall continue against his executor or administrator upon such notice as the board shall deem proper. The board may order such continuance as may be necessary to afford the employer a reasonable opportunity to defend the claim.
This section shall be construed to extend the right of service of process upon non-residents and shall not be construed as limiting any provisions for the service of process now or hereafter existing.
N.Y. Workers' Comp. Law § 151
NYS Open Legislation, revision of 2026-05-29.
§ 151. Assessments for annual expenses. 1. The annual expenses necessary for the board to administer the provisions of this chapter, the volunteer ambulance workers' benefit law, the volunteer firefighters' benefit law, the disability benefits law, and the workmen's compensation act for civil defense volunteers shall be borne by affected employers securing compensation for their employees pursuant to section fifty of this chapter. The board shall collect such annual expenses from affected employers through assessments as provided by the provisions of this section, including for purposes of this subdivision: (a) the aggregate assessment amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter for the special disability fund in accordance with each financing agreement described in such subparagraph, (b) the aggregate assessment amount described in section fifty-c of this chapter for the self-insurer offset fund in accordance with each financing agreement described in such section, (c) the assessment amount described in subdivision three of section twenty-five-a of this chapter for the fund for reopened cases, (d) the assessment amount described in section two hundred fourteen of this chapter for the special fund for disability benefits and (e) a sum sufficient as determined by the chair but no greater than 0.4% of the total estimated statewide premium to cover the establishment and maintenance of dedicated workers' compensation fraud units within New York state district attorneys' offices; provided, that the foregoing and any other provision of this chapter to the contrary notwithstanding, assessment receipts shall be applied first to fully fund the amount described in subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter and then to fully fund the amount described in section fifty-c of this chapter in accordance with each then applicable financing agreement pursuant to such provisions prior to application to any other purpose other than to pay any actual costs of collecting such assessment that are not otherwise funded. For purposes of this section, affected employer means all employers required to obtain workers' compensation coverage pursuant to this chapter.
On the first day of November, two thousand thirteen, and annually thereafter, the chair shall establish an assessment rate for all affected employers in the state of New York in an amount expected to be sufficient to produce assessment receipts at least sufficient to fund all estimated annual expenses pursuant to subdivision one of this section except those expenses for which an assessment is authorized for self-insurance pursuant to subdivision five of section fifty of this chapter. Such rate shall be assessed effective the first of January of the succeeding year and shall be based upon a single methodology determined by the chair. The chair may also establish an additional assessment rate, not to exceed thirty percent of annual premiums, for those affected employers who are in default in the payment of their compensation pursuant to subparagraph (b) of paragraph seven of subdivision three-a of section 50 of this chapter. Such additional assessment shall be collected and remitted to the chair consistent with subdivisions four and five of this section. The chair shall make available for public inspection an itemized statement of the estimated annual expenses in the office of the board for thirty days immediately after the rate is established.
The chair and department of audit and control annually as soon as practicable after the first of April of each year shall ascertain the actual total amount of expenses, including in addition to the direct costs of personal service, the cost of maintenance and operation, the cost of retirement contributions made and workers' compensation premiums paid by the state for or on account of personnel, rentals for space occupied in state owned or state leased buildings, such additional sum as may be certified to the chair and the department of audit and control as a reasonable compensation for services rendered by the department of law and expenses incurred by such department, for transfer into the training and educational program on occupational safety and health fund created pursuant to chapter eight hundred eighty-six of the laws of nineteen hundred eighty-five and section ninety-seven-c of the state finance law, for the New York state occupational health clinics network, for the department of labor occupational safety and health program and for transfer into the uninsured employers' fund pursuant to subdivision two of section twenty-six-a of this chapter, and all other direct or indirect costs, incurred by the board in connection with the administration of this chapter, except those expenses for which an assessment is authorized for self-insurance pursuant to subdivision five of section fifty of this chapter. Assessments pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen of this chapter for the special disability fund, pursuant to section fifty-c of this chapter for the self insurer offset fund, pursuant to subdivision three of section twenty-five-a of this chapter for the fund for reopened cases, and pursuant to section two hundred fourteen of this chapter for the special fund for disability benefits shall be included in the total amount of expenses for the purposes of this subdivision. Any overpayment of annual assessments resulting from the requirements of this subdivision shall be applied as a credit against the future assessment rate provided the fund balance shall not be reduced below five percent of the total amount assessed.
For those affected employers obtaining coverage:
(a) by insuring with the state fund pursuant to subdivision one of section fifty of this chapter; or (b) through a policy pursuant to subdivision two of section fifty of this chapter; or (c) through a county self-insurance plan under article five of this chapter; or (d) through a group private or public self-insurer pursuant to subdivision three-a of section fifty of this chapter, such assessment amounts shall be collected and remitted to the chair by the carrier or the state insurance fund, or county plan, or group private or public self-insurer, on behalf of the employer(s) until such time as the board establishes a direct employer payment process. Affected private or public employers providing compensation through self insurance pursuant to subdivision three of section fifty of this chapter shall pay assessment amounts directly to the chair.
(b) In the event the employer; insurance carrier; or self-insurer; knew or should have known that the employer misreported any data related to the assessment process, they may be subject to any applicable penalties or sanctions provided by this chapter.
(b) All assessment amounts collected by insurance carriers, except the state fund, and not yet remitted to the board prior to the first day of January, two thousand fourteen must be remitted to the chair no later than the first day of February, two thousand fourteen.
(c) Effective immediately, notwithstanding any law to the contrary, pursuant to the provisions of this chapter, the assessment reserves remitted to the chair pursuant to this paragraph shall, at the request of the director of the budget, be distributed as follows:
(i) As soon as practicable on or after April first, two thousand sixteen, the chair of the workers' compensation board shall transfer one hundred forty million dollars to the state insurance fund, for partial payment and partial satisfaction of the state's obligations to the state insurance fund under workers' compensation law section eighty-eight-c for two thousand sixteen.
(ii) Effective immediately, the chair of the workers' compensation board shall authorize the board to expend up to sixty million dollars to implement infrastructure and system upgrades consistent with recommendations of the workers' compensation board redesign and reengineering project.
(iii) Effective immediately, the chair of the workers' compensation board shall authorize the board to expend up to forty million dollars for: (A) transfer into the training and educational program on occupational safety and health fund created pursuant to chapter eight hundred eighty-six of the laws of nineteen hundred eighty-five and section ninety-seven-c of the state finance law; (B) the department of labor occupational safety and health program; (C) transfer into the uninsured employers' fund pursuant to subdivision two of section twenty-six-a of this chapter in connection with payment of claims made pursuant to article eight-A of this chapter; (D) a reduction in liabilities of the special disability fund pursuant to subdivision eight of section fifteen of this chapter and/or the fund for reopened cases pursuant to section twenty-five-a of this chapter; and/or (E) transfer to or payment of up to ten million dollars of such amount on behalf of the superintendent of financial services for costs associated with the implementation of the paid family leave act of article nine of this chapter.
Any and all funds remaining after accounting for the transfers and expenditures set forth above may, at the discretion of the director of the budget, either remain with the workers' compensation board or be transferred to the general fund for the purpose of reducing budget gaps.
Annually, the workers' compensation board will provide to the director of the budget, the chair of the senate finance committee, and the chair of the assembly ways and means committee, an accounting of such funds and all associated income received. Such accounting will continue until March thirty-first, two thousand twenty.
7-a. Notwithstanding any law to the contrary, when there is a default on the payment of premium, including any assessments payable under subdivision seven of this section, any action by the carrier, including the state insurance fund, to collect any unpaid premium shall include an action seeking recovery of such assessments on behalf of the board. The carrier shall remit the amount of any such unpaid assessments collected either pursuant to a judgment or by settlement to the board.
The foregoing and every other prevision of law to the contrary notwithstanding, all moneys received on account of the assessment authorized by this section shall be deposited upon receipt into the administrative clearing account held by the commissioner of taxation and finance and applied, as pledged assessments for purposes of sections sixteen hundred eighty-l and sixteen hundred eighty-q of the public authorities law and prior to any other application: first, in accordance with any other provision of any special disability fund financing agreement entered into prior to March thirty-first, two thousand thirteen, to the extent required to fully fund the then current payment and reserve requirements under such financing agreement; and second, in accordance with each special disability fund financing agreement and each self-insured bond financing agreement, to the extent required to fully fund the then current payment and reserve requirements under each such financing agreement entered into after March thirty-first, two thousand thirteen with respect to bonds issued by the dormitory authority pursuant to either section sixteen hundred eighty-l or section sixteen hundred eighty-q of the public authorities law, on a pari passu basis without preference or priority among all such other bonds. Such monies shall not be commingled with any other monies in the commissioner's custody prior to the completion of such application and shall not be deemed to be part of the state treasury or of any funds under management of the state. This section shall not be deemed to authorize any infringement upon the rights of holders of such bonds issued or to be issued under such sections of the public authorities law. The provisions of this section may be included by the dormitory authority in any contract with the holders of any such bonds. The operation of this section and the application of the receipts of the assessment authorized by this section shall be subject to the provisions of each financing agreement authorized pursuant to subparagraph four of paragraph (h) of subdivision eight of section fifteen or to section fifty-c of this chapter and this section shall not be deemed to authorize any infringement upon the rights of holders of bonds issued or to be issued pursuant to either such provision.
The provisions of this section shall not apply with respect to policies containing coverage pursuant to paragraph one of subsection (j) of section three thousand four hundred twenty of the insurance law relating to every policy providing comprehensive personal liability insurance on a one, two, three or four family owner-occupied dwelling.
If the assessments collected pursuant to this section are insufficient to meet the obligations financed by the assessments, the chair, for a period of three years, may borrow any shortfall from the state insurance fund with any borrowing to be added to the assessments under this section and repaid the following year to the state insurance fund with interest at the state insurance fund's then current rate of return.
Effective immediately, notwithstanding any law to the contrary, pursuant to the provisions of this chapter, the assessment reserves held by the state insurance fund for the payment of future assessments are no longer required and all funds and investments held by the state insurance fund related to the assessment reserves shall be transferred to the chair of the workers' compensation board as soon as practicable. The commissioner of taxation and finance shall be custodian of such funds, which shall not be commingled with other funds of the workers' compensation board, and may invest such funds in the same manner as surplus funds held by the state insurance fund pursuant to subdivision two of section eighty-seven of this chapter. Disbursements of such funds shall be made by such commissioner upon written warrant of the chair of the workers' compensation board or the chair's designee.
At the request of the director of the budget, such moneys transferred to the chair of the workers' compensation board shall be distributed as follows:
(a) As soon as practicable after April first, two thousand thirteen, the chair of the workers' compensation board shall transfer two hundred fifty million dollars to the general fund for debt management or fiscal uncertainties.
(b) As soon as practicable after April first, two thousand fourteen, the chair of the workers' compensation board shall transfer one billion dollars to the general fund for the purpose of reducing budget gaps.
(c) As soon as practicable after April first, two thousand fifteen, the chair of the workers' compensation board shall transfer two hundred fifty million dollars to the general fund for the purpose of reducing budget gaps.
(d) As soon as practicable after April first, two thousand sixteen, the chair of the workers' compensation board shall transfer two hundred fifty million dollars to the general fund for the purpose of reducing budget gaps.
(e) Any and all funds remaining after accounting for the transfers set forth above may, at the discretion of the director of the budget, either remain with the workers' compensation board or be transferred to the general fund for the purpose of reducing budget gaps or to the state insurance fund. The budget director, acting in consultation with the chair of the workers' compensation board, shall determine whether any money returned to the state insurance fund is a loan or a transfer and the terms and conditions therein. Any funds transferred or loaned to the state insurance fund upon the budget director's request may be invested in a manner consistent with investment guidelines pursuant to subdivision two of section eighty-seven of the workers' compensation law.
Annually, the state insurance fund and the workers' compensation board will provide to the director of the budget, the chair of the senate finance committee, and the chair of the assembly ways and means committee, an accounting of such funds and all associated income received. Such accounting will continue until March thirty-first, two thousand seventeen.
The chair shall promulgate regulations to carry out the provisions of this section.
To effectuate an efficient assessment process and the proper management of the workers' compensation system all data in possession of the compensation insurance rating board shall be made available to the board and the department of financial services upon request.
The chair may conduct periodic audits of any employer, self-insurer, insurance carrier and the state insurance fund concerning any information or payment required under this section, including any information relevant to the payment or calculation of any assessments. The employer, self-insurer, insurance carrier and the state insurance fund shall provide all necessary documents and information in relation to an audit in a manner prescribed by the chair. Upon the determination of the chair that an employer, self-insurer, insurance carrier or the state insurance fund has underpaid an assessment as a result of its inaccurate reporting, the employer, self-insurer, insurance carrier or the state insurance fund upon notice from the chair, shall pay the full amount of the underpaid assessment, along with interest at the rate of nine per cent per annum on the unpaid assessment due not later than thirty days after such notice. An insurance carrier or employer that knowingly makes a material misrepresentation of information required for the purpose of effectuating this section shall be guilty of a class E felony.
Beginning in two thousand twenty-eight, the board shall include in its annual report made pursuant to section one hundred fifty-three of this article a summary of the funds distributed for the purpose of establishment and maintenance of dedicated workers' compensation fraud units within New York state district attorneys' offices pursuant to paragraph (e) of subdivision one of this section, which shall include for each district attorneys' office:
(a) the amount of funds distributed;
(b) a description of each resulting conviction, including:
(i) the full name of the defendant;
(ii) the date of conviction;
(iii) a description of the offense;
(iv) the amount of money alleged to have been defrauded; and
(v) a description of any offenses other than workers' compensation fraud for which the defendant was simultaneously convicted;
(c) the total number of and pertinent details contained in any charging instruments, which shall include only the amount of money alleged to have been defrauded and the workers' compensation fraud charges alleged, and shall not include any personally identifying information of the charged individual or any other information that is not publicly available; and
(d) the number of new positions created and persons hired for positions within dedicated workers' compensation fraud units.
N.Y. Workers' Comp. Law § 152
NYS Open Legislation, revision of 2014-09-22.
§ 152. Administrative regulations. The chairman of the board may make, amend and repeal regulations for the administration of the board and its employees. Such regulations shall not be deemed rules within the meaning of this chapter or of the labor law unless the context of such regulations otherwise requires.
The chairman may by order filed in the office of the secretary delegate any of his administrative powers to or direct any of his duties other than as a member of the board to be performed by any other officer of the board or the head of any bureau or section of the board.
N.Y. Workers' Comp. Law § 153
NYS Open Legislation, revision of 2026-05-29.
§ 153. Annual report. The board shall on or before the first day of February in each year make an annual report in writing to the governor, stating in detail the work it has done in hearing and deciding cases and otherwise.
NB Effective until January 1, 2028
§ 153. Annual report. The board shall on or before the first day of February in each year make an annual report in writing to the governor, the temporary president of the senate, the speaker of the assembly, and the chairs of the senate and assembly standing committees on labor, stating in detail the work it has done in hearing and deciding cases and otherwise. Such reports shall include the number of providers who rendered medical care or treatment under this chapter in the prior calendar year, the completion rate for provider training required by the board pursuant to section one hundred forty-one of this article, and an analysis of the degree to which new providers are successfully complying with this chapter and implementing regulations.
NB Effective January 1, 2028
N.Y. Workers' Comp. Law § 154
NYS Open Legislation, revision of 2014-09-22.
§ 154. Construction of article. This article shall be construed as a continuation of those parts of article two of chapter thirty-six of the laws of nineteen hundred nine, entitled "An act relating to labor, constituting chapter thirty-one of the consolidated laws," as amended by chapter fifty of the laws of nineteen hundred twenty-one, and acts amendatory thereof, in so far as it relates to the administration of the workmen's compensation law, and not as a new enactment.
N.Y. Workers' Comp. Law § 155
NYS Open Legislation, revision of 2014-09-22.
§ 155. Saving clause. This article shall not affect pending actions, civil or criminal, brought by or against the department of labor, the industrial commissioner or the industrial board, but the same may be prosecuted or defended in the same manner and with the same effect as if this article had not been passed, by the industrial commissioner if the subject matter of the action or proceeding falls within his jurisdiction and otherwise by the workmen's compensation board or the chairman thereof. Every rule, regulation, order, permit or license of the industrial commissioner or industrial board in force when this article takes effect shall continue in force until such rule, regulation or order be amended or repealed or such permit or license revoked or terminated pursuant to the provisions of this chapter or of the labor law, or otherwise. Any investigation, examination or proceeding undertaken, commenced or instituted by the industrial board or by any referee prior to the taking effect of this article may be conducted and continued to a final determination or conclusion in the same manner, and under the same terms and conditions and with the same effect as though this article had not been passed, by the workmen's compensation board or the chairman thereof, if the subject matter of the investigation, examination or proceeding falls within its or his jurisdiction by the terms of this act, and otherwise by the industrial commissioner.
N.Y. Workers' Comp. Law § 156
NYS Open Legislation, revision of 2014-09-22.
§ 156. Separability. If any clause, sentence, paragraph, or part of this article or the application thereof to any person or circumstances, shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgments shall not affect, impair, or invalidate the remainder of this article, and the application thereof to other person or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved. It is hereby declared to be the legislative intent that this article would have been adopted had such invalid provisions not been included.
N.Y. Workers' Comp. Law § 157
NYS Open Legislation, revision of 2014-09-22.
§ 157. Application of article to volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. The following terms used in this article, unless inconsistent with the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, are hereby enlarged as follows:
"Employer" includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law.
"Employee" includes a volunteer firefighter or volunteer ambulance worker who has been or might be injured in line of duty or who dies or might die from such an injury. When a political subdivision or a district or area thereof is responsible for the payment of benefits pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, it shall be deemed the "employer" of such "employee."
"Workers' compensation" and "compensation" include the benefits in relation to volunteer firefighters or volunteer ambulance workers pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law.
"This chapter" includes the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, except when such a meaning is inconsistent with this article.
"Subdivisions one and two of section fifty", as used in section one hundred fifty-one of this chapter, includes subdivision nine of section thirty of the volunteer firefighters' benefit law and subdivision nine of section thirty of the volunteer ambulance workers' benefit law.