N.Y. Workers’ Compensation Law 150-A – Secretary as agent for service of process on non-resident non-insured employers; method and effect of service
§ 150-a. Secretary as agent for service of process on non-resident non-insured employers; method and effect of service. Any non-insured employer, not a resident of this state or any resident non-insured employer who becomes a non-resident of this state after the occurrence of any injury to an employee, who shall employ or who shall have employed any person who shall be entitled to benefits under this chapter, shall be deemed, by the accepting of the privilege of engaging in work in this state, to make, constitute and appoint the secretary of the workmen's compensation board as his or its agent for the acceptance of process in any proceeding by any such employee or dependent or representative of such employee, under and by virtue of this chapter; and the acceptance of such privilege shall be a signification of such employer that any such process issued against him or it, which is so served, shall be of the same legal force and validity as if served upon him or it personally within the state.
Terms Used In N.Y. Workers' Compensation Law 150-A
- compensation: include the benefits in relation to volunteer firefighters or volunteer ambulance workers pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. See N.Y. Workers' Compensation Law 157
- Continuance: Putting off of a hearing ot trial until a later time.
- Dependent: A person dependent for support upon another.
- Employee: includes a volunteer firefighter or volunteer ambulance worker who has been or might be injured in line of duty or who dies or might die from such an injury. See N.Y. Workers' Compensation Law 157
- Employer: includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law. See N.Y. Workers' Compensation Law 157
- Executor: A male person named in a will to carry out the decedent
- Service of process: The service of writs or summonses to the appropriate party.
- This chapter: includes the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, except when such a meaning is inconsistent with this article. See N.Y. Workers' Compensation Law 157
Service of such process shall be made by filing a copy of the claim for workmen's compensation with the secretary of the board, and such service shall be sufficient service upon such non-resident employer, provided that notice of such filing together with copy of the claim for workmen's compensation are forthwith sent by registered mail by the secretary of the board to the employer to the address stated in such claim for workmen's compensation or the last known address of the employer.
A non-resident employer against whom claim for compensation has been filed with the chairman under and by virtue of this chapter shall be deemed to have consented that the appointment of the secretary of the board as his or its agent for the acceptance of process pursuant to the provisions of this section shall be irrevocable and binding upon his executor or administrator. Where the non-resident employer has died prior to the filing of a claim for workmen's compensation with the chairman, service of process shall be made on the executor or administrator of such non-resident employer in the same manner and on the same notice as is provided in the case of a non-resident employer. Where the non-resident employer has died subsequent to the service of process made in accordance with the provisions of this section, the proceedings under and by virtue of this chapter shall continue against his executor or administrator upon such notice as the board shall deem proper. The board may order such continuance as may be necessary to afford the employer a reasonable opportunity to defend the claim.
This section shall be construed to extend the right of service of process upon non-residents and shall not be construed as limiting any provisions for the service of process now or hereafter existing.