§ 109-C — Payments from fund

§ 109-c. Payments from fund. 1. The final award for compensation or\ndeath benefits, or installments thereof, or of payment of benefits into\nthe special funds created under the provisions of subdivisions eight and\nnine of section fifteen and section twenty-five-a of this chapter\nheretofore or hereafter granted pursuant to this chapter, or the payment\nof a claim made against an insured under the employer's liability\ninsurance portion of the insured's standard New York workers'\ncompensation and employer's liability insurance policy, which has\nremained or shall remain due and unpaid for thirty days, by reason of\ndefault by an insolvent carrier, shall be paid from the fund in the\nmanner provided in this section. Benefits or compensation pursuant to\nthe longshore and harbor workers' compensation act shall be payable only\nwith respect to coverage of risks located or resident in this state;\nprovided further that the insolvency, bankruptcy or dissolution of the\ninsured shall effect a termination of security fund benefits provided\nhereunder. The chairman or any person in interest may file with the\nsuperintendent of financial services an application for payment of\ncompensation or death benefits, special fund benefits or liability\nclaims from the fund on a form to be prescribed and furnished by the\nsuperintendent. If there has been an award, final or otherwise, a\ncertified copy thereof shall accompany the application. The\nsuperintendent of financial services shall thereupon certify to the\ncommissioner of taxation and finance such award for payment according to\nthe terms of the same.\n 2. Payments from the fund shall be made by the commissioner of\ntaxation and finance on the said certificate of the superintendent of\nfinancial services, and no payment shall be made by the commissioner of\ntaxation and finance in excess of the amount certified.\n 3. Payment of the award from the fund shall not give the fund any\nright of recovery against the employer.\n 4. An employer may pay any such award or part thereof in advance of\npayment from the fund and shall thereupon be subrogated to the rights of\nthe employee or other party in interest against such fund to the extent\nof the amount so paid.\n 5. The commissioner of taxation and finance as custodian of the fund\nshall be entitled to recover the sum of all liabilities, including loss\nadjustment expenses relating to such liabilities, of such insolvent\ncarrier assumed by such fund from such carrier, its receiver,\nliquidator, rehabilitator or trustee in bankruptcy and may prosecute an\naction or other proceedings therefor. All moneys recovered in any such\naction or proceedings shall forthwith be placed to the credit of the\nfund by the commissioner of taxation and finance to reimburse the fund\nto the extent of the moneys so recovered and paid.\n 6. The provisions of section twenty-six of this chapter shall not\napply in the case of a failure to pay any compensation when due by\nreason of the default, after the effective date of this article, of an\ninsolvent carrier as defined in this article, and the provisions of\nsection thirty-four of this chapter shall not apply to compensation\ninsured by any carrier as defined in this article if the compensation is\npaid by the fund.\n