New York Laws
Article 2 - Compensation
25-A - Procedure and Payment of Compensation in Certain Claims; Limitation of Right to Compensation.

(b) If such employee, widow or widower is receiving the statutory
maximum benefit in effect at the time of the accidental injury or death,
the supplemental benefit shall be an amount which, when added to the
regular benefit established for the case, shall equal the maximum weekly
benefit in effect for a permanently totally disabled employee, widow or
widower whose claim arose on January first, nineteen hundred
seventy-nine.
(c) If such employee, widow or widower is receiving a weekly benefit
which is less than the statutory maximum benefit which was in effect on
the date of the accidental injury or death, the supplemental benefit
shall be an amount equal to the difference between the regular benefit
being received and a percentage of the maximum benefit in effect on
January first, nineteen hundred seventy-nine, determined by multiplying
the latter benefit by a fraction, the numerator of which is the regular
benefit and the denominator of which is the statutory maximum benefit in
effect at the time of the accidental injury or death.
(d) In the event the supplemental benefit computed under this
subdivision amounts to less than five dollars, then the supplemental
benefit allowed shall be a minimum of five dollars, less the amount, if
any, by which the combination of such supplemental benefit and the
regular benefit exceeds the maximum weekly benefit in effect for a
permanently totally disabled employee, widow or widower whose claim
arose on January first, nineteen hundred seventy-nine.
(e) The employer or his insurance carrier paying the supplemental
benefits required under this subdivision shall claim reimbursement for
each such case from the reopened cases fund under this section,
commencing one year from the date of the first such payment and annually
thereafter while such supplemental payments continued, on a form
prescribed by the chairman.
(f) The special disability fund created under subdivision eight of
section fifteen and the reopened cases fund created under section
twenty-five-a and the aggregate trust fund created under section
twenty-seven of this chapter shall be deemed to be insurance carriers
for purposes of this subdivision, other than the payment of the
assessment under the provisions of subdivision three of this section.
(g) Whenever payment of the supplemental benefits prescribed hereunder
is not made by the insurance carrier by reason of the insolvency of such
insurance carrier, or in the case of a self-insurer, by reason of the
insolvency of such self-insurer or the discontinuance of its operations,
such payment shall be made directly out of the reopened cases fund under
this section by the commissioner of taxation and finance upon vouchers
approved by the chairman of the workmen's compensation board.

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