N.Y. Employers' Liability Law § 11: Settlement of disputes

§ 11. Settlement of disputes. Any question of law or fact arising in

regard to the application of the plan in determining the compensation

payable thereunder or otherwise shall be determined either by agreement

or by arbitration, or by an action at law as herein provided. In case

the employer shall be in default in any of his obligations to the

employee under the plan, the injured employee or his committee,

conservator or guardian, if such be appointed, or his executor or

administrator, may then bring an action to recover compensation under

the plan in any court having jurisdiction thereof as on a written

contract. Such action shall be conducted in the same manner as an action

at law for the recovery of damages for breach of a written contract, and

shall for all purposes, including the determination of jurisdiction, be

deemed such an action. The judgment in such action, in favor of the

plaintiff, shall be for a lump sum equal to the amount of the payments

then due and prospectively due under the plan. In such action by an

executor or administrator the judgment may provide the proportions of

the award or the costs to be distributed to or between the several

dependents. If such determination is not made it shall be determined by

the surrogate's court by which such executor or administrator is

appointed, in accordance with the terms of this article on petition of

any party on such notice as such court may direct.