Closing of the Special Disability Fund and Deadlines for Final Claims

Date: June 26, 2007

On March 13, 2007, Governor Spitzer signed into law Workers' Compensation Reform Legislation. As part of this reform legislation, Workers' Compensation Law (WCL) §15(8) was amended to provide for the closing of the Special Disability Fund. In order to close the Special Disability Fund, the reform legislation provides that workers' compensation claims with a date of accident or disablement on or after July first, two thousand seven, are not eligible for reimbursement from this Fund.

Specifically, WCL §15(8)(h)(2)(a) now provides that:

No carrier or employer, or the State Insurance Fund, may file a claim for reimbursement from the Special Disability Fund, for an injury or illness with a date of accident or date of disablement on or after July first, two thousand seven. No carrier or employer, or the State Insurance Fund, may file a claim for reimbursement from the Special Disability Fund after July first, two thousand ten, and no written submissions or evidence in support of such a claim may be submitted after that date. [emphasis added]

Pursuant to these statutory changes, every claim filed for reimbursement from the Special Disability Fund pursuant to WCL §15(8) must indicate a date of accident or date of disablement of June 30, 2007 or earlier.

When a Date of Accident or Disablement Has Not Been Set

In the event that the date of disablement or date of accident has not yet been established before the claim for reimbursement must be filed pursuant to WCL §15(8)(f):

1. The Notice of Claim for Reimbursement Out of The Special Disability Fund Under Section 15, Subd 8 (Form C-250) may be filed with an unknown date of accident or disablement;
2. The filing fee of $250 must be filed with the claim; and
3. The filing fee will not be returned should the date of accident or disablement ultimately be determined to be on or after July 1, 2007, as it will be deemed the same as a claim for reimbursement that is not established.

If you have any questions about this issue, please contact the Office of General Counsel at (518) 486-9564.

Donna Ferrara
Chair