N.Y. Workers’ Compensation Law 109-E – Rights and duties of superintendent of financial services as administrator of the fund
§ 109-e. Rights and duties of superintendent of financial services as administrator of the fund. The superintendent of financial services may designate or appoint a duly authorized representative or representatives to appear and defend an insured against a liability claim under the employer's liability portion of the standard New York workers' compensation and employer's liability insurance policy, and to appear and defend before the board any or all claims for compensation or benefits against an employer insured by an insolvent carrier or against such insolvent carrier. The superintendent of financial services shall have, as of the date of the insolvency of any carrier, only all the rights and duties which the insurance carrier would have had with respect to awards made or claims for compensation or benefits filed or pending, or pending liability claims, if it had not become insolvent. For the purposes of this article the superintendent shall have power to employ such counsel, clerks and assistants as may by him be deemed necessary, and to give each of such persons such powers to assist him as he may consider wise.
Terms Used In N.Y. Workers' Compensation Law 109-E
- Carrier: means a stock or mutual corporation or a reciprocal insurer or a nonprofit property/casualty insurance company, if such corporation or insurer is authorized to transact the business of workers' compensation insurance in this state, including but not limited to the issuance of an assumption of workers' compensation liability insurance policy, but not including any such corporation or insurer which is insolvent. See N.Y. Workers' Compensation Law 106
- compensation: include the benefits in relation to volunteer firefighters and volunteer ambulance workers pursuant to the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law and benefits in relation to longshore and harbor workers pursuant to the longshore and harbor workers' compensation act, United States Code, title 33, §§ 901 through 950. See N.Y. Workers' Compensation Law 106
- Employer: includes any political subdivision liable for benefits pursuant to the volunteer firefighters' benefit law. See N.Y. Workers' Compensation Law 106
- Fund: means the workers' compensation security fund. See N.Y. Workers' Compensation Law 106
- Insolvent carrier: means a carrier as to which an order of rehabilitation or of liquidation, or, if such carrier be a foreign insurer, as to which an order for conservation of its assets within the state, shall have been made after the effective date of this Article of the insurance law, or a foreign carrier which withdraws from or discontinues operation in this state and fails to meet payments due on awards made, but not including a carrier, whether a domestic or foreign insurer, which shall have become rehabilitated and allowed to resume business after any such rehabilitation or conservation of assets and meets its obligations as they mature. See N.Y. Workers' Compensation Law 106