12 CRR-NY 363.8NY-CRR
12 CRR-NY 363.8
12 CRR-NY 363.8
363.8 Benefits.
[Workers' Compensation Law, ยง 201 (12)]
(a) Payment.
The first payment of benefits shall be due at the completion of the first week of disability or lesser period for which benefits are payable and benefits for that period shall be paid directly to the employee within four business days thereafter or within four business days after the filing of required proof of claim, whichever is later. Thereafter, benefits shall be due and payable biweekly in like manner. Benefits may be paid weekly. Benefits may be paid monthly or semimonthly if wages were so paid.
(b) Proration.
When an employee is concurrently eligible for benefits to be provided by more than one employer, the liability of each employer shall be determined in the manner provided in subdivision 2 of section 204 of the Workers' Compensation Law except where proration of benefits has been waived by one or more employers, but not by all employers. Those employers who have not waived proration of benefits shall pay the same amount for which they would be liable if all employers were prorating benefits.
(c) Successive periods of disability.
(1) Successive periods of disability caused by the same or related injury or sickness shall be deemed a single period of disability if separated by less than three months only after an employee has been paid or became entitled to be paid benefits for at least one day during the prior occurrence of the disability.
(2) When successive periods of disability, recurring while an employee is in covered employment, or is unemployed, and in either event is eligible for benefits, are deemed a single period of disability, as defined in subdivision 1 of section 204 of the Workers' Compensation Law, benefits shall be paid by the latest covered employer (or employers, if concurrently eligible for benefits to be provided by more than one covered employer) immediately preceding the latest period of disability, except that if such period occurs more than four weeks after termination of employment, benefits shall be paid under section 207 by the special fund.
12 CRR-NY 363.8
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.