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New York Workers' Compensation Law Section 32 - Waiver Agreements.

Legal Research Home > New York Lawyer > Workers' Compensation > New York Workers' Compensation Law Section 32 - Waiver Agreements.

    § 32. Waiver agreements.  No agreement or release except as otherwise
  provided  in  this  chapter  by  an  employee  to  waive  his  right  to
  compensation under this chapter shall be valid.
    (a)  Whenever  a  claim  has  been filed, the claimant or the deceased
  claimant's dependents and the employer or his carrier may enter into  an
  agreement  settling  upon  and  determining  the  compensation and other
  benefits due to the claimant or their dependents.   The agreement  shall
  not  bind  the  parties to it, unless it is approved by the board.  Such
  agreements, when so  approved,  notwithstanding  any  other  provisions,
  shall   be  final  and  conclusive  upon  the  claimant,  the  claimants
  dependents, the employer and the insurance carrier.
    (b) The agreement shall be approved by the board in  a  decision  duly
  filed and served unless:
    (1)  the board finds the proposed agreement unfair, unconscionable, or
  improper as a matter of law;
    (2)  the  board  finds that the proposed agreement is the result of an
  intentional misrepresentation of material fact; or,
    (3) within ten days of submitting the agreement one of the  interested
  parties requests that the board disapprove the agreement.
    (c)  A decision duly filed and served approving an agreement submitted
  to the board  shall  not  be  subject  to  review  pursuant  to  section
  twenty-three of this article.  However, a decision duly filed and served
  disapproving  an  agreement  submitted to the board is subject to review
  pursuant to  section  twenty-three  of  this  article.    If  the  board
  disapproves  of  an  agreement  it shall duly file and serve a notice of
  decision setting aside the proposed agreement.
    (d) An agreement for compensation and other benefits covered  by  this
  chapter  may  be  modified  at  anytime  by  agreement of all interested
  parties provided it is approved by the board.

Last modified: July 31, 2006