N.Y. Workers' Compensation Law § 21-a: Temporary payment of compensation

§ 21-a. Temporary payment of compensation. * 1. Notwithstanding any

other provision of this chapter to the contrary, in any instance in

which an employer is unsure of the extent of its liability for a claim

for compensation by an injured employee pursuant to this chapter, such

employer may initiate compensation payments and payments for prescribed

medicine and continue such payments for one year, without prejudice and

without admitting liability, in accordance with a notice of temporary

payment of compensation, on a form prescribed by the board.

* NB Effective until January 1, 2027

* 1. Notwithstanding any other provision of this chapter to the

contrary, in any instance in which an employer is unsure of the extent

of its liability for a claim for compensation by an injured employee

pursuant to this chapter, such employer may initiate compensation

payments and payments for medical treatment and care, including

prescribed medicine and continue such payments for one year, without

prejudice and without admitting liability, in accordance with a notice

of temporary payment of compensation, on a form prescribed by the board.

* NB Effective January 1, 2027

* 2. The notice of temporary payment of compensation authorized by

subdivision one of this section shall be delivered to the injured

employee and the board. Such notice shall notify the injured employee

that the temporary payment of compensation and prescribed medicine shall

not be deemed to be an admission of liability by the employer for the

injury or injuries to the employee. The board, upon receipt of a notice

of temporary payment of compensation, shall send a notice to the injured

employee stating that:

(a) the board has received a notice of temporary payment of

compensation relating to such injured employee;

(b) the payment of temporary compensation and prescribed medicine and

the injured employee's acceptance of such temporary compensation and

prescribed medicine shall not be an admission of liability by the

employer, nor prejudice the claim of the injured employee;

(c) the payment of temporary compensation and prescribed medicine

shall terminate on the elapse of: one year, or the employer's contesting

of the injured employee's claim for compensation and prescribed

medicine, or the board determination of the injured employee's claim,

whichever is first; and

(d) the injured employee may be required to enter into an agreement

with the employer to ensure the continuation of payments of temporary

compensation and prescribed medicine.

* NB Effective until January 1, 2027

* 2. The notice of temporary payment of compensation authorized by

subdivision one of this section shall be delivered to the injured

employee and the board. Such notice shall notify the injured employee

that the temporary payment of compensation and medical treatment and

care, including prescribed medicine shall not be deemed to be an

admission of liability by the employer for the injury or injuries to the

employee. The board, upon receipt of a notice of temporary payment of

compensation, shall send a notice to the injured employee stating that:

(a) the board has received a notice of temporary payment of

compensation relating to such injured employee;

(b) the payment of temporary compensation and medical treatment and

care, including prescribed medicine and the injured employee's

acceptance of such temporary compensation and medical treatment and

care, including prescribed medicine shall not be an admission of

liability by the employer, nor prejudice the claim of the injured

employee;

(c) the payment of temporary compensation and medical treatment and

care, including prescribed medicine shall terminate on the elapse of:

one year, or the employer's contesting of the injured employee's claim

for compensation and medical treatment and care, including prescribed

medicine, or the board determination of the injured employee's claim,

whichever is first; and

(d) the injured employee may be required to enter into an agreement

with the employer to ensure the continuation of payments of temporary

compensation and medical treatment and care, including prescribed

medicine.

* NB Effective January 1, 2027

* 3. An employer may cease making temporary payments of compensation

and prescribed medicine if such employer delivers within five days after

the last payment, to the injured employee and the board, a notice of

termination of temporary payments of compensation on a form prescribed

by the board. Such notice shall inform the injured employee that the

employer is ceasing temporary payment of compensation and prescribed

medicine. Upon the cessation of temporary payments of compensation and

prescribed medicine, all parties to any action pursuant to this chapter

shall retain all rights, defenses and obligations they would otherwise

have pursuant to this chapter without regard for the temporary payment

of compensation and prescribed medicine.

* NB Effective until January 1, 2027

* 3. An employer may cease making temporary payments of compensation

and medical treatment and care, including prescribed medicine if such

employer delivers within five days after the last payment, to the

injured employee and the board, a notice of termination of temporary

payments of compensation on a form prescribed by the board. Such notice

shall inform the injured employee that the employer is ceasing temporary

payment of compensation and medical treatment and care, including

prescribed medicine. Upon the cessation of temporary payments of

compensation and medical treatment and care, including prescribed

medicine, all parties to any action pursuant to this chapter shall

retain all rights, defenses and obligations they would otherwise have

pursuant to this chapter without regard for the temporary payment of

compensation and medical treatment and care, including prescribed

medicine.

* NB Effective January 1, 2027

4. The failure of an employer to provide the notice of termination,

pursuant to subdivision three of this section, within one year of the

commencement of temporary payment of compensation shall be deemed to be

an admission of liability by the employer and the notice of temporary

payment of compensation shall be converted to a notice of compensation

payable.