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New York Workers' Compensation Law Section 21-a - Temporary Payment Of Compensation.

Legal Research Home > New York Lawyer > Workers' Compensation > New York Workers' Compensation Law Section 21-a - Temporary Payment Of Compensation.

    § 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 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 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 the injured employee's
  acceptance of such temporary compensation shall not be an  admission  of
  liability  by  the  employer,  nor  prejudice  the  claim of the injured
  employee;
    (c) the payment of  temporary  compensation  shall  terminate  on  the
  elapse  of:  one  year,  or  the  employer's  contesting  of the injured
  employee's claim for compensation, or the  board  determination  of  the
  injured employees' 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.
    3.  An employer may cease making temporary payments of compensation 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.  Upon the cessation of  temporary  payments  of
  compensation,  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.
    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.

Last modified: July 31, 2006