N.Y. Comp. Codes R. & Regs. tit. 12 § 300.32

Current through Register Vol. 46, No. 45, November 2, 2024

Section 300.32 - Designation of a legally responsible person for a minor claimant

(a) A person legally responsible for a minor claimant means a natural or adoptive parent, stepparent or other relative who has custody of the claimant, or a court-appointed guardian.

(b) The Workers' Compensation Law judge, in any workers' compensation case in which an award of compensation made on or after January 1, 1989 is payable in whole or in part to a minor claimant, may, upon request of a person legally responsible for such claimant, designate such legally responsible person as payee to receive payments for the benefit of the minor claimant. Such designation shall be made at the same time the award is made.

(c) Notwithstanding a request by a person legally responsible for a minor claimant to be designated as payee to receive payments of compensation for the benefit of the minor claimant, the Workers' Compensation Law judge, when making an award to the minor claimant, may refuse to designate such legally responsible person as payee and may instead direct that payment of the award be made directly to the minor claimant. In making a determination whether to direct payment to the minor claimant, the Workers' Compensation Law judge may consider the ability of the minor claimant to manage the benefit payments in his or her own interest.

(d) A legally responsible person duly designated by a Workers' Compensation Law judge as a payee to receive payments for the benefit of such minor claimant has a responsibility to:

(1) use such payments solely for the benefit of the minor claimant in a manner he or she determines to be in the best interest of the claimant;

(2) notify the board of any event that will affect the amount of payments the minor claimant receives or the right of the minor claimant to receive payments;

(3) notify the board of any change in his or her circumstances that would affect the performance of his or her responsibilities as payee;

(4) submit to the chair, annually, or more often if required by the chair, a written report accounting for the payments received. Such report shall show:

(i) the amount of benefit payments on hand at the beginning of the accounting period;

(ii) the amount of benefit payments received during the accounting period;

(iii) how the benefit payments were used;

(iv) the balance on hand at the end of the accounting period;

(v) where the minor claimant lived during the accounting period.

A report made pursuant to this section shall be on a form prescribed by the chair, except that a guardian of the property of a minor appointed by a court of competent jurisdiction, if required to file an annual accounting report to such court, shall be deemed to comply with the requirements of this section by filing a copy of such report with the board.

(e) If the Workers' Compensation Law judge finds after a hearing that the legally responsible person designated as payee to receive payments for the benefit of the minor claimant is using the payments for purposes other than the benefit of the claimant, the Workers' Compensation Law judge shall revoke the designation of such legally responsible person as payee and shall either appoint a new payee, who shall be a person legally responsible for the minor claimant as defined in subdivision (a) of this section or such other suitable person who is responsible for, or contributing to, the care, maintenance or support of the minor claimant as the board may deem appropriate, or direct that payments be made directly to the minor claimant, in accordance with subdivision (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.32