N.Y. Comp. Codes R. & Regs. tit. 12 § 391.2

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

Section 391.2 - Deficiency compensation

(a) In any disability case involving a recovery by a claimant from a third party under section 29 of the Workers' Compensation Law, the date on which deficiency compensation shall begin shall be the date to which the amount of recovery would extend, in schedule cases from the date of accident and in nonschedule cases from the beginning date of disability, when such recovery is divided by the actual compensation rate.

(b) In any death case involving a recovery by a claimant from a third party under section 29 of the Workers' Compensation Law, the date on which deficiency compensation shall begin shall be the date to which the amount of the recovery, less funeral benefits not to exceed $200, would extend from the date of death when such recovery is divided by the actual compensation rate.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 391.2