§ 200 Short Title
§ 201 Definitions
§ 202 Covered Employer
§ 203 Employees Eligible for Benefits Under Section Two Hundred Four of This Article
§ 203-A Retaliatory Action Prohibited for Family Leave
§ 203-B Reinstatement Following Family Leave
§ 203-C Health Insurance During Family Leave
§ 204 Disability and Family Leave During Employment
§ 205 Disabilities, Family Leave and Periods for Which Benefits Are Not Payable
§ 206 Non-Duplication of Benefits
§ 207 Disability While Unemployed
§ 208 Payment of Disability and Family Leave Benefits
§ 209 Contribution of Employees for Disability and Family Leave Benefits
§ 210 Employer Contributions
§ 211 Provision for Payment of Benefits
§ 212 Voluntary Coverage
§ 212-B Public Employees; Public Employees Represented by an Employee Organization; Employee Opt In
§ 213 Non-Compliance or Default
§ 214 Special Fund for Disability Benefits
§ 215 Commissioner of Taxation and Finance Custodian of Fund
§ 216 Disposition of Uncommitted Balance of Employees’ Contributions
§ 217 Notice and Proof of Claim
§ 218 Disability Benefit Rights Inalienable
§ 219 Enforcement of Payment in Default
§ 220 Penalties
§ 221 Determination of Contested Claims for Disability and Family Leave Benefits
§ 222 Technical Rules of Evidence or Procedure Not Required
§ 223 Modification of Board Decisions or Orders
§ 224 Appeals
§ 225 Fees for Representing Employees
§ 226 The Insurance Contract
§ 227 Actionable Injuries in Claims for Disability Benefits; Subrogation
§ 228 Administrative Expenses
§ 229 Posting of Notice and Providing of Notice of Rights
§ 230 Destruction of Records
§ 231 Subpoenas
§ 232 Fees for Testimony of Physicians, Podiatrists, Chiropractors, Dentists, Psychologists and Health Care Providers
§ 233 Inspection of Records of Employers
§ 234 Disclosures Prohibited
§ 235 Exemptions
§ 236 Disposition of Accrued Benefits Upon Death
§ 237 Reimbursement for Advance Payments by Employers
§ 238 Payments to Minors
§ 239 Representation Before the Board
§ 240 Non-Liability of State
§ 241 Application of Other Provisions of Chapter
§ 242 Separability of Provisions; Federal Law; Regulations

Terms Used In New York Laws > Workers' Compensation > Article 9

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Benefits: means the money allowances during disability payable to an employee who is eligible to receive such benefits, as provided in this article. See N.Y. Workers' Compensation Law 201
  • Board: means the workmen's compensation board created under this chapter. See N.Y. Workers' Compensation Law 201
  • Carrier: shall include : the state fund, stock corporations, mutual corporations and reciprocal insurers which insure the payment of

    benefits provided pursuant to this article; and employers and associations of employers or of employees and trustees authorized or permitted to pay benefits under the provisions of this article. See N.Y. Workers' Compensation Law 201

  • Chairman: means the chairman of the workmen's compensation board of the state of New York. See N.Y. Workers' Compensation Law 201
  • Child: means a biological, adopted, or foster son or daughter, a stepson or stepdaughter, a legal ward, a son or daughter of a domestic partner, or the person to whom the employee stands in loco parentis. See N.Y. Workers' Compensation Law 201
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • day of disability: means any day on which the employee was prevented from performing work because of disability, including any day which the employee uses for family leave, and for which the employee has not received his or her regular remuneration. See N.Y. Workers' Compensation Law 201
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Donor: The person who makes a gift.
  • Employee: means a person engaged in the service of an employer in any employment defined in subdivision six of this section, except a minor child of the employer, except a duly ordained, commissioned, or licensed minister, priest or rabbi, a sexton, a christian science reader, or member of a religious order, or an executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that each officer must own at least one share of stock, except as provided in section two hundred twelve of this article, or an executive officer of an incorporated religious, charitable or educational institution, or persons engaged in a professional or teaching capacity in or for a religious, charitable or educational institution, or volunteers in or for a religious, charitable or educational institution, or persons participating in and receiving rehabilitative services in a sheltered workshop operated by a religious, charitable or educational institution under a certificate issued by the United States department of labor, or recipients of charitable aid from a religious or charitable institution who perform work in or for the institution which is incidental to or in return for the aid conferred, and not under an express contract of hire. See N.Y. Workers' Compensation Law 201
  • employment: includes an employee's entire service performed within or both within and without this state if the service is localized in this state. See N.Y. Workers' Compensation Law 201
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family leave: shall mean any leave taken by an employee from work: (a) to participate in providing care, including physical or psychological care, for a family member of the employee made necessary by a serious health condition of the family member; or (b) to bond with the employee's child during the first twelve months after the child's birth, or the first twelve months after the placement of the child for adoption or foster care with the employee; or (c) because of any qualifying exigency as interpreted under the family and medical leave act, 29 U. See N.Y. Workers' Compensation Law 201
  • Family member: means a child, parent, grandparent, grandchild, spouse, or domestic partner as defined in this section. See N.Y. Workers' Compensation Law 201
  • Grandchild: means a child of the employee's child. See N.Y. Workers' Compensation Law 201
  • Grandparent: means a parent of the employee's parent. See N.Y. Workers' Compensation Law 201
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care provider: shall mean for the purpose of family leave, a person licensed under article one hundred thirty-one, one hundred thirty-one-B, one hundred thirty-two, one hundred thirty-three, one hundred thirty-six, one hundred thirty-nine, one hundred forty-one, one hundred forty-three, one hundred forty-four, one hundred fifty-three, one hundred fifty-four, one hundred fifty-six or one hundred fifty-nine of the education law or a person licensed under the public health law, article one hundred forty of the education law or article one hundred sixty-three of the education law. See N.Y. Workers' Compensation Law 201
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • media sales representative: shall include any contractor engaged in the sale or renewal of magazine subscriptions or the sale or renewal of magazine advertising space who (i) receives no direction or control on the methods by which they perform services other than training on product characteristics, (ii) are solely in control of their work schedule, and (iii) may refuse any work assignment. See N.Y. Workers' Compensation Law 201
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • modeling services: means the appearance by a professional model in photographic sessions or the engagement of such model in live, filmed or taped modeling performances for remuneration. See N.Y. Workers' Compensation Law 201
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Parent: means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. See N.Y. Workers' Compensation Law 201
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • professional model: means a person who, in the course of his or her trade, occupation or profession, performs modeling services. See N.Y. Workers' Compensation Law 201
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Serious health condition: means an illness, injury, impairment, or physical or mental condition, including transplantation preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential health care facility, continuing treatment or continuing supervision by a health care provider. See N.Y. Workers' Compensation Law 201
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State fund: means the state insurance fund created under article six of this chapter. See N.Y. Workers' Compensation Law 201
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subpoena duces tecum: A command to a witness to produce documents.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Wages: means the money rate at which employment with a covered employer is recompensed under the contract of hiring with the covered employer and shall include the reasonable value of board, rent, housing, lodging, or similar advantage received under the contract of hiring. See N.Y. Workers' Compensation Law 201