N.Y. Comp. Codes R. & Regs. tit. 12 § 393.3

Current through Register Vol. 46, No. 25, June 18, 2024
Section 393.3 - Carrier relieved of payment into fund

In a death case, if the widow remarries or the dependents die between the date of the award and six weeks thereafter, when the commuted amount is due and payable into the aggregate trust fund, the carrier shall not be required to pay the commuted amount into the fund. The carrier shall be relieved upon payment of compensation due up to the date of death of the dependents or in case of a widow's remarriage, upon payment of compensation up to the date of remarriage and two years compensation in a lump sum. In the case of an award for a schedule loss, and the death of the claimant occurs between the date of the award and six weeks thereafter, and there are dependents entitled to the unpaid balance, the carrier shall be required to pay the commuted amount into the aggregate trust fund. When the commuted amount payable into this fund results from permanent total disability award, and the claimant dies in the intervening six weeks' period, before such payment is due, the carrier shall be relieved of payment of the commuted amount into the fund and shall pay compensation up to the date of death of the claimant.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 393.3