N.Y. Workers' Compensation Law § 54-a: Security where coverage is in issue

§ 54-a. Security where coverage is in issue. Where the issue of policy

coverage is raised by a carrier in any hearing or proceeding before the

board, and an appeal by the carrier, or the making of an application for

review is made, although an award is made to a claimant therein against

the employer and carrier, the chairman may, nevertheless, require the

employer to deposit the amount of said award or furnish such security

therefor as may be deemed satisfactory by said chairman. If the employer

shall fail to make such deposit or give such security, the award may be

enforced promptly against said employer by the entry of judgment by and

in the name of the chairman, for and in behalf of such claimant in

accordance with the provisions of section twenty-six hereof. In the

event that the award made as against the carrier is finally affirmed,

the employer shall be entitled to the return of said security deposited

or, if the said award has been paid, to an award by way of reimbursement

against the said carrier for the amount of money paid upon the award or

judgment entered thereon to the claimant. If the award against the

carrier is finally reversed on appeal, then the carrier is relieved of

liability and not otherwise.