N.Y. Workers' Compensation Law Section 21-A
Temporary payment of compensation


1.

Notwithstanding any other provision of this chapter to the contrary, in any instance in which an employer is unsure of the extent of its liability for a claim for compensation by an injured employee pursuant to this chapter, such employer may initiate compensation payments and payments for prescribed medicine and continue such payments for one year, without prejudice and without admitting liability, in accordance with a notice of temporary payment of compensation, on a form prescribed by the board.

2.

The notice of temporary payment of compensation authorized by subdivision one of this section shall be delivered to the injured employee and the board. Such notice shall notify the injured employee that the temporary payment of compensation and prescribed medicine shall not be deemed to be an admission of liability by the employer for the injury or injuries to the employee. The board, upon receipt of a notice of temporary payment of compensation, shall send a notice to the injured employee stating that:

(a)

the board has received a notice of temporary payment of compensation relating to such injured employee;

(b)

the payment of temporary compensation and prescribed medicine and the injured employee’s acceptance of such temporary compensation and prescribed medicine shall not be an admission of liability by the employer, nor prejudice the claim of the injured employee;

(c)

the payment of temporary compensation and prescribed medicine shall terminate on the elapse of: one year, or the employer’s contesting of the injured employee’s claim for compensation and prescribed medicine, or the board determination of the injured employee’s claim, whichever is first; and

(d)

the injured employee may be required to enter into an agreement with the employer to ensure the continuation of payments of temporary compensation and prescribed medicine.

3.

An employer may cease making temporary payments of compensation and prescribed medicine if such employer delivers within five days after the last payment, to the injured employee and the board, a notice of termination of temporary payments of compensation on a form prescribed by the board. Such notice shall inform the injured employee that the employer is ceasing temporary payment of compensation and prescribed medicine. Upon the cessation of temporary payments of compensation and prescribed medicine, all parties to any action pursuant to this chapter shall retain all rights, defenses and obligations they would otherwise have pursuant to this chapter without regard for the temporary payment of compensation and prescribed medicine.

4.

The failure of an employer to provide the notice of termination, pursuant to subdivision three of this section, within one year of the commencement of temporary payment of compensation shall be deemed to be an admission of liability by the employer and the notice of temporary payment of compensation shall be converted to a notice of compensation payable.

Source: Section 21-A — Temporary payment of compensation, https://www.­nysenate.­gov/legislation/laws/WKC/21-A (updated Sep. 22, 2014; accessed Mar. 23, 2024).

9
Definitions
10
Liability for compensation
11
Alternative remedy
12
Compensation not allowed for first seven days
13
Treatment and care of injured employees
13–A
Selection of authorized physician by employee
13–AA
Medical appeals unit
13–B
Authorization of providers, medical bureaus and laboratories by the chair
13–C
Licensing of compensation medical bureaus and laboratories
13–D
Removal of providers from lists of those authorized to render medical care or to conduct independent medical examinations
13–E
Revocation of licenses of compensation medical bureaus and laboratories
13–F
Payment of medical fees
13–G
Payment of bills for medical care
13–H
Ombudsman for injured workers
13–I
Solicitation prohibited
13–J
Medical or surgical treatment by insurance carriers and employers
13–K
Care and treatment of injured employees by duly licensed podiatrists
13–L
Care and treatment of injured employees by duly licensed chiropractors
13–M
Care and treatment of injured employees by duly licensed psychologists
13–N
Mandatory registration of entities which derive income from independent medical examinations
13–O
Pharmaceutical fee schedule
13–P
Comprehensive prescription drug formulary
14
Weekly wages basis of compensation
14–A
Double compensation and death benefits when minors illegally employed
15
Schedule in case of disability
15–A
Assessment on insolvent group self-insured trusts
16
Death benefits
16–A
Death benefits due to diesel exposure
17
Noncitizens
17–A
Limited English proficiency
18
Notice of injury or death
18–A
Notice: The New York Jockey Injury Compensation Fund, Inc
18–B
Notice
18–C
Independent livery bases
19
Physical examination
19–A
Physicians not to accept fees from carriers
19–B
Treatment by physicians in employ of board
19–C
Actions against health services personnel
20
Determination of claims for compensation
21
Presumptions
21–A
Temporary payment of compensation
22
Modification of awards, decisions or orders
23
Appeals
23–A
Mistakes, defects and irregularities
24
Costs and fees
24–A
Representation before the workers’ compensation board
25
Compensation, how payable
25–A
Procedure and payment of compensation in certain claims
25–B
Awards to non-residents: Non-resident compensation fund
26
Enforcement of payment in default
26–A
Procedure and payment of compensation in claims against uninsured defaulting employers
27
Depositing future payments in the aggregate trust fund
27–A
Investments in obligations of designated public benefit corporations
27–B
Amortization of gains or losses
27–C
Appropriations to the aggregate trust fund
28
Limitation of right to compensation
29
Remedies of employees
30
Revenues or benefits from other sources not to affect compensation
31
Agreement for contribution by employee void
32
Waiver agreements
32–A
Waivers of specific coverage prohibited
33
Assignments
34
Preferences
35
Safety net

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 21-A’s source at nysenate​.gov

Link Style