N.Y. Workers' Compensation Law Section 35
Safety net

1.

Return to work.

(a)

The commissioner of labor will issue a report to the governor, the speaker of the assembly, the majority leader of the senate, and the chairs of the labor, ways and means and finance committees of the assembly and senate on or before December first, two thousand seven, making recommendations as to how to assure that workers categorized by the board as permanently partially disabled return to gainful employment to the greatest extent practicable. Such commissioner will consider administrative and legislative remedies, and shall include estimates of cost in the report. The report shall examine best practices and the laws of other jurisdictions, as well as any relevant programs authorized by New York law. The report shall additionally examine return to work practices as implemented by carriers, the state insurance fund, employers, and the board. It shall also examine the relationship of vocational rehabilitation to ultimate return to work.

(b)

The commissioner of labor will be assisted by an advisory council constituted of six persons appointed by the governor as follows:

(i)

a representative of organized labor appointed upon recommendation of the New York State American Federation of Labor-Congress of Industrial Organizations;

(ii)

a representative of the business community appointed upon recommendation of the Business Council of New York State, Incorporated;

(iii)

one person upon recommendation of the majority leader of the senate;

(iv)

one person upon recommendation of the speaker of the assembly; and

(v)

two other persons in the governor’s discretion.

2.

Total industrial disability. No provision of this article shall in any way be read to derogate or impair current or future claimants’ existing rights to apply at any time to obtain the status of total industrial disability under current case law.

3.

Extreme hardship redetermination. In cases where the loss of wage-earning capacity is greater than seventy-five percent, a claimant may request, within the year prior to the scheduled exhaustion of indemnity benefits under paragraph w of subdivision three of § 15 (Schedule in case of disability)section fifteen of this article, that the board reclassify the claimant to permanent total disability or total industrial disability due to factors reflecting extreme hardship.

4.

Annual safety net reporting. The board, in conjunction with the commissioner of labor and the superintendent of financial services, shall track all claimants who have been awarded permanent partial disability status and report annually on December first, beginning in two thousand eight, to the governor, the speaker of the assembly, the majority leader of the senate, and the chairs of the labor, ways and means and finance committees of the assembly and senate:

(i)

The number of said claimants who have: (1) returned to gainful employment; (2) been recategorized as being totally industrially disabled; (3) remain subject to duration limitations set forth in paragraph w of subdivision three of § 15 (Schedule in case of disability)section fifteen of this article; and (4) not returned to work, and whose indemnity payments have expired.

(ii)

The additional steps the commissioner contemplates are necessary to minimize the number of workers who have neither returned to work nor been recategorized from permanent partial disability.

Source: Section 35 — Safety net, https://www.­nysenate.­gov/legislation/laws/WKC/35 (updated Apr. 21, 2017; accessed Apr. 20, 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
Green check means up to date. Up to date

Accessed:
Apr. 20, 2024

Last modified:
Apr. 21, 2017

§ 35’s source at nysenate​.gov

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