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N.Y. to appoint an uninsured fund when the comp insurer is not identified



New York legislators have passed a bill requiring the State Workers 'Compensation Committee to appoint the uninsured employers' fund as the default insurer within ten days of filing a claim for damages if the insurer cannot be determined.

A.B. 359, which passed the Senate by a vote of 46-17 on Thursday and unanimously passed the assembly in late May, would require the uninsured employer fund to begin medical care payments for an injured worker if the employer's employee has not been identified and continue payments until the responsible insurer has determined. At present, the law does not appoint a standard insurance company in such cases.

The bill would also require the board to immediately schedule a hearing to establish the identity of the party responsible and compensation for the claim, as well as notify the employer of the claim and the hearing by certified mail.

the legislation would enter into force 60 days after it was signed into law and applied to all claims filed after that date.

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