N.Y. Workers' Compensation Law § 206: Non-duplication of benefits

§ 206. Non-duplication of benefits. 1. No disability benefits shall be

payable under section two hundred four or two hundred seven of this

article:

(a) in a weekly benefit amount which, together with any amount that

the employee receives or is entitled to receive for the same period or

any part thereof as a permanent disability benefit or annuity under any

governmental system or program, except under a veteran's disability

program, or under any permanent disability policy or program of an

employer for whom he or she has performed services, would, if

apportioned to weekly periods, exceed his or her weekly benefit amount

under this section, provided however, that there shall be no offset

against the benefits set forth in this article if the claim for

disability benefits is based on a disability other than the permanent

disability for which the aforesaid permanent disability benefit or

annuity was granted;

(b) with respect to any week for which payments are received under the

unemployment insurance law or similar law of this state or of any other

state or of the United States;

(c) subject to the provisions of subdivision two of this section, for

any period with respect to which benefits, compensation or other

allowances (other than workers' compensation benefits for a permanent

partial disability occurring prior to the disability for which benefits

are claimed hereunder) are paid or payable under this chapter, the

volunteer firefighters' benefit law, or any other workers' compensation

act, occupational disease act or similar law, or under any employers'

liability act or similar law; under any other temporary disability or

cash sickness benefits act or similar law; under section six hundred

eighty-eight, title forty-six, United States code; under the federal

employers' liability act; or under the maritime doctrine of maintenance,

wages and cure.

2. If an employee who is eligible for disability benefits under

section two hundred three or two hundred seven of this article is

disabled and has claimed or subsequently claims workers' compensation

benefits under this chapter or benefits under the volunteer

firefighters' benefit law or the volunteer ambulance workers' benefit

law, and such claim is controverted on the ground that the employee's

disability was not caused by an accident that arose out of and in the

course of his employment or by an occupational disease, or by an injury

in line of duty as a volunteer firefighter or volunteer ambulance

worker, the employee shall be entitled in the first instance to receive

benefits under this article for his or her disability. If benefits have

been paid under this article in respect to a disability alleged to have

arisen out of and in the course of the employment or by reason of an

occupational disease, or in line of duty as a volunteer firefighter or a

volunteer ambulance worker, the employer or carrier or the chair making

such payment may, at any time before award of workers' compensation

benefits, or volunteer firefighters' benefits or volunteer ambulance

workers' benefits, is made, file with the board a claim for

reimbursement out of the proceeds of such award to the employee for the

period for which disability benefits were paid to the employee under

this article, and shall have a lien against the award for reimbursement,

notwithstanding the provisions of section thirty-three of this chapter

or section twenty-three of the volunteer firefighters' benefit law or

section twenty-three of the volunteer ambulance workers' benefit law

provided the insurance carrier liable for payment of the award receives,

before such award is made, a copy of the claim for reimbursement from

the employer, carrier or chair who paid disability benefits, or provided

the board's decision and award directs such reimbursement therefrom.

3. No family leave benefits shall be payable under section two hundred

four of this article:

(a) During periods when the employee is receiving total disability

payments pursuant to a claim for workers' compensation, volunteer

firefighters' benefits or volunteer ambulance workers' benefits, except

that when the employee is receiving payments for partial disability or

reduced earnings under such laws, the family leave benefit, when

combined with the benefits under such laws shall not exceed the average

weekly wage in the employment for which family leave benefits are

sought;

(b) To an employee who is not employed or is on administrative leave

from his or her employment;

(c) To an employee during periods where the employee is collecting

sick pay or paid time off from the employer; and

(d) for any day in which claimant works at least part of that day for

remuneration or profit for the covered employer or for any other

employer while working for remuneration or profit, for him or herself,

or another person or entity, during the same or substantially similar

working hours as those of the covered employer from which family leave

benefits are claimed, except that occasional scheduling adjustments with

respect to secondary employments shall not prevent receipt of family

leave benefits.

4. Unless otherwise expressly permitted by the employer, benefits

available under 29 U.S. Code Chapter 28 (The Family and Medical Leave

Act) must be used concurrently with family leave benefits. For a

subsequent unrelated disability, an employee may seek benefits up to the

maximum number of available weeks permitted in this article.

5. A covered employer is not required to permit more than one employee

to use the same period of family leave to care for the same family

member.