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 391.2 - Deficiency compensation

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 391.2

Current through Register Vol. 46, No. 12, March 20, 2024

(a) In any disability case involving a recovery by a claimant from a third party under section 29 of the Workers' Compensation Law, the date on which deficiency compensation shall begin shall be the date to which the amount of recovery would extend, in schedule cases from the date of accident and in nonschedule cases from the beginning date of disability, when such recovery is divided by the actual compensation rate.

(b) In any death case involving a recovery by a claimant from a third party under section 29 of the Workers' Compensation Law, the date on which deficiency compensation shall begin shall be the date to which the amount of the recovery, less funeral benefits not to exceed $200, would extend from the date of death when such recovery is divided by the actual compensation rate.

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