N.Y. Workers' Compensation Law Section 25-B
Awards to non-residents: Non-resident compensation fund


1.

There is hereby created a fund to be known as the non-resident compensation fund. Whenever an award is made to or on behalf of noncitizen dependents, non-residents of the United States, Canada or Newfoundland, or an award is made to a non-resident citizen of the United States, which calls for the payment of compensation or death benefits, or where there is outstanding an unpaid balance of compensation or death benefits payable to such non-resident, and it shall appear that the person or persons to whom the award has been made or any balance of such award is payable, would not have the full benefit or use or control of the money payable under such award, or where other special circumstances made it desirable that present payment of the award shall be withheld, the employer, or if insured, his insurance carrier, or any special fund liable for such payment, may, by order of the board, be required to pay to the comptroller of the state of New York all amounts then due or thereafter to become due under the terms of the award to such non-resident. The moneys so paid in shall be held by the comptroller in the non-residents compensation fund.

2.

All computations for the commutation of any such award for payment into the said fund shall be made in accordance with the tables specified in § 27 (Depositing future payments in the aggregate trust fund)section twenty-seven of this chapter.

3.

The payment of the amount of any such award into the non-resident compensation fund shall constitute a complete discharge of the employer or insurance carrier from all liability for such award.

4.

If at any time there shall be created by any act of the congress of the United States or by any lawful rule or regulation of the president any agency or fund for the safekeeping or custody of moneys belonging to or payable to any non-resident noncitizen, and if such act or rule shall require the payment into such agency or fund of any moneys theretofore paid into the fund for foreign dependents, the board may make its findings and issue its order thereon directing the transfer of such moneys by the comptroller to such other agency or fund.

5.

Any moneys so paid into such fund shall be held by the comptroller until the further order of the board. Whenever the board shall find that the reasons and conditions which made it desirable that payment into the fund be made have changed and that the cause for such withholding shall no longer exist, the board may make findings and issue its order thereon directing the payment without interest of the whole or any part thereof then due by the comptroller to the person or persons for whose benefit the award was made.

6.

If the board, at any time, upon evidence presented to it, shall find that all or any part of the funds so deposited in such fund are not due and payable to the non-resident for whose benefit they were deposited, it shall direct the repayment of such amount so deposited, without interest, by the comptroller to the party required to make the deposit as aforesaid.

7.

If no evidence shall be presented to the board of the present existence of any such non-resident within eight years from the date when the board has found that the precedent conditions set forth in paragraph one hereof have changed and that direct payments could be made to such person or persons if such person or persons are alive, it shall be presumed in the absence of substantial evidence to the contrary, that such person or persons are non-existent and the board shall thereupon order the payment without interest of the amount deposited for the benefit of such person or persons to the party required to make such deposit as aforesaid, provided however, that thereafter such employer, carrier or fund receiving such repayment shall continue to be liable for any compensation subsequently found by the board to be due, notwithstanding any other provisions of this chapter.

Source: Section 25-B — Awards to non-residents: Non-resident compensation fund, https://www.­nysenate.­gov/legislation/laws/WKC/25-B (updated Dec. 16, 2022; 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:
Dec. 16, 2022

§ 25-B’s source at nysenate​.gov

Link Style