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Adoption of Part 309 to Title 12 NYCRR -
Independent Livery Driver Benefit Fund


Chapter 392 of the Laws of 2008 created the Independent Livery Driver Benefit Fund to provide workers' compensation benefits in limited situations to independent livery drivers dispatched by members of the Fund. In order to be a member of the Fund, independent livery bases must meet certain criteria set forth by the Chair in regulation. Workers' compensation benefits are paid for the death of an independent livery driver dispatched by an independent livery base arising out of and in the course of covered services, and for all injuries (1) resulting from a crime against such livery driver as shown by a police report, or (2) for the following conditions: (a) the amputation or loss of an arm, leg, hand, foot, multiple fingers, index finger, multiple toes, ear, or nose, (b) paraplegia or quadriplegia, or (c) total and permanent blindness or deafness. Further, the Chair is required to set by regulation the presumptive wage earned by an independent livery driver.

This rule amends §300.1(a)(9) and adds a new Part 309 to Title 12 NYCRR to implement these provisions. A Notice of Proposed Rule Making was published in the November 10, 2010, edition of the State RegisterLink to External Website. The public comment period ended on December 27, 2010. The Chair did not receive any comments. A Notice of Adoption will be published in the January 12, 2011, edition of the State RegisterLink to External Website. Part 309 and the amendment to §300.1(a)(9) will be effective on January 19, 2011.