New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter I - Actuarial Procedure
Part 391 - Third-party Recovery
Section 391.1 - Allocating third-party recovery

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 391.1
Current through Register Vol. 46, No. 12, March 20, 2024

In allocating a third-party recovery by a surviving wife (or dependent husband) and children, unless specifically instructed to the contrary, the actuary shall assume that one third of the amount of recovery has been assigned to the surviving wife (or dependent husband) and the remaining two thirds to the children who share equally. If there be no surviving wife (or dependent husband), the actuary shall assume that all children share equally in the third-party recovery. If parents or brothers and sisters of grandparents share in a third-party recovery, unless specifically instructed to the contrary, the actuary shall assume that all such parents or brothers and sisters or grandparents share equally in the recovery.

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