New York Workers' Compensation Code § 25-A

Procedure and payment of compensation in certain claims; limitation of right to compensation
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§ 25-a. Procedure and payment of compensation in certain claims;\nlimitation of right to compensation.  1. Notwithstanding other\nprovisions of this chapter, when an application for compensation is made\nby an employee or for death benefits in behalf of the dependents of a\ndeceased employee, and the employer has secured the payment of\ncompensation in accordance with section fifty of this chapter, (1) after\na lapse of seven years from the date of the injury or death and claim\nfor compensation previously has been disallowed or claim has been\notherwise disposed of without an award of compensation, or (2) after a\nlapse of seven years from the date of the injury or death and also a\nlapse of three years from the date of the last payment of compensation,\nor (3) where death resulting from the injury shall occur after the time\nlimited by the foregoing provisions of (1) or (2) shall have elapsed,\nsubject to the provisions of section one hundred twenty-three of this\nchapter, testimony may be taken, either directly or through a referee\nand if an award is made it shall be against the special fund provided by\nthis section. Such an application for compensation or death benefits\nmust be made on a form prescribed by the chair for that purpose and\nmust, if a change in condition is claimed, be accompanied by a verified\nmedical or surgical report setting forth facts on which the board may\norder a hearing.\n  1-a. Any award which shall be made against such special fund after the\neffective date of this act upon such an application for compensation or\ndeath benefits shall not be retroactive for a period of disability or\nfor death benefits longer than the two years immediately preceding the\ndate of filing of such application. No application by a self-insured\nemployer or an insurance carrier for transfer of liability of a claim to\nthe fund for reopened cases shall be accepted by the board on or after\nthe first day of January, two thousand fourteen except that the board\nmay make a finding after such date pursuant to section twenty-three of\nthis article upon a timely application for review.\n  2. Claims for further services or treatment rendered or supplies\nfurnished as required by section thirteen hereof shall be paid from such\nfund when such service, treatment or supplies shall be authorized by the\nchairman. In cases where a surgical operation has previously been\nauthorized by the board pursuant to the provisions of subdivision five\nof section thirteen-a of this chapter, no further authorization therefor\nby the chairman under this section shall be required. The provisions of\nthis chapter with respect to procedure and the right to appeal shall be\npreserved to the claimant and to the employer originally liable for the\npayment of compensation and to such fund through its representative as\nhereinafter provided.\n  3. Any awards so made shall be payable out of the special fund\nheretofore created for such purpose, which fund is hereby continued and\nshall be known as the fund for reopened cases. The employer, or, if\ninsured, his insurance carrier shall pay into such fund, or, in the case\nof awards made on or after July first, nineteen hundred sixty-nine,\neither into such fund or the uninsured employers' fund under section\ntwenty-six-a of this article in accordance with the provisions thereof,\nfor every case of injury causing death for which there are no persons\nentitled to compensation the sum of three hundred dollars where such\ninjury occurred prior to July first, nineteen hundred forty and the sum\nof one thousand dollars where such injury shall occur on or after said\ndate and prior to April first, nineteen hundred forty-five, and the sum\nof fifteen hundred dollars where such injury shall occur on or after\nApril first, nineteen hundred forty-five and prior to September first,\nnineteen hundred seventy-eight and the sum of three thousand dollars\nwhere such injury shall occur on or after September first, ninet

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