A 8885: Relates to notice requirements for the termination of temporary workers' compensation payments and cessation of compensation payments.

  
  STATE OF NEW YORK ________________________________________________________________________ 8885 2025-2026 Regular Sessions  IN ASSEMBLY June 9, 2025 ___________ Introduced by M. of A. PRETLOW -- read once and referred to the Commit- tee on Labor AN ACT to amend the workers' compensation law, in relation to the notice required for the termination of temporary payments of compensation and the notice required for cessation of compensation payments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 21-a of the workers' compensation 2 law, as amended by chapter 6 of the laws of 2007, is amended to read as 3 follows: 4 3. An employer may cease making temporary payments of compensation and 5 prescribed medicine if such employer delivers within [five] sixteen days 6 after the last payment, to the injured employee and the board, a notice 7 of termination of temporary payments of compensation on a form 8 prescribed by the board. Such notice shall inform the injured employee 9 that the employer is ceasing temporary payment of compensation and 10 prescribed medicine. Upon the cessation of temporary payments of compen- 11 sation and prescribed medicine, all parties to any action pursuant to 12 this chapter shall retain all rights, defenses and obligations they 13 would otherwise have pursuant to this chapter without regard for the 14 temporary payment of compensation and prescribed medicine. 15 § 2. Subdivision 3 of section 21-a of the workers' compensation law, 16 as amended by section 1 of part CC of chapter 55 of the laws of 2025, is 17 amended to read as follows: 18 3. An employer may cease making temporary payments of compensation and 19 medical treatment and care, including prescribed medicine if such 20 employer delivers within [five] sixteen days after the last payment, to 21 the injured employee and the board, a notice of termination of temporary 22 payments of compensation on a form prescribed by the board. Such notice 23 shall inform the injured employee that the employer is ceasing temporary 24 payment of compensation and medical treatment and care, including EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11723-02-5 
 A. 8885 2 1 prescribed medicine. Upon the cessation of temporary payments of compen- 2 sation and medical treatment and care, including prescribed medicine, 3 all parties to any action pursuant to this chapter shall retain all 4 rights, defenses and obligations they would otherwise have pursuant to 5 this chapter without regard for the temporary payment of compensation 6 and medical treatment and care, including prescribed medicine. 7 § 3. Paragraph (d) of subdivision 1 of section 25 of the workers' 8 compensation law, as amended by chapter 635 of the laws of 1996, is 9 amended to read as follows: 10 (d) Whenever for any reason compensation payments cease, the employer 11 or its insurance carrier shall within [sixteen] thirty days thereafter, 12 send to the chair a notice on a form prescribed by the chair that such 13 payment has been stopped, which notice shall contain the name of the 14 injured employee or [his or her] such employee's principle dependent, 15 the date of accident, the date to which compensation has been paid and 16 the whole amount of compensation paid. In case the employer or its 17 insurance carrier fails so to notify the chair of the cessation of 18 payments within [sixteen] thirty days after the date on which compen- 19 sation has been paid, the board may impose a penalty upon such employer 20 or its insurance carrier in the amount of three hundred dollars, which 21 shall be paid to the claimant. Such penalty shall be collected in like 22 manner as an award of compensation. 23 § 4. This act shall take effect immediately; provided, however, that 24 section two of this act shall take effect on the same date and in the 25 same manner as section 1 of part CC of chapter 55 of the laws of 2025, 26 takes effect.