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New York Employers' Liability Law Section 11 - Settlement Of Disputes.Legal Research Home > New York Lawyer > Employers' Liability > New York Employers' Liability Law Section 11 - Settlement Of Disputes.
§ 11. Settlement of disputes. Any question of law or fact arising in
regard to the application of the plan in determining the compensation
payable thereunder or otherwise shall be determined either by agreement
or by arbitration, or by an action at law as herein provided. In case
the employer shall be in default in any of his obligations to the
employee under the plan, the injured employee or his committee,
conservator or guardian, if such be appointed, or his executor or
administrator, may then bring an action to recover compensation under
the plan in any court having jurisdiction thereof as on a written
contract. Such action shall be conducted in the same manner as an action
at law for the recovery of damages for breach of a written contract, and
shall for all purposes, including the determination of jurisdiction, be
deemed such an action. The judgment in such action, in favor of the
plaintiff, shall be for a lump sum equal to the amount of the payments
then due and prospectively due under the plan. In such action by an
executor or administrator the judgment may provide the proportions of
the award or the costs to be distributed to or between the several
dependents. If such determination is not made it shall be determined by
the surrogate's court by which such executor or administrator is
appointed, in accordance with the terms of this article on petition of
any party on such notice as such court may direct.
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Last modified: July 31, 2006 |