ยง 54-a. Security where coverage is in issue. Where the issue of policy
coverage is raised by a carrier in any hearing or proceeding before the
board, and an appeal by the carrier, or the making of an application for
review is made, although an award is made to a claimant therein against
the employer and carrier, the chairman may, nevertheless, require the
employer to deposit the amount of said award or furnish such security
therefor as may be deemed satisfactory by said chairman. If the employer
shall fail to make such deposit or give such security, the award may be
enforced promptly against said employer by the entry of judgment by and
in the name of the chairman, for and in behalf of such claimant in
accordance with the provisions of section twenty-six hereof. In the
event that the award made as against the carrier is finally affirmed,
the employer shall be entitled to the return of said security deposited
or, if the said award has been paid, to an award by way of reimbursement
against the said carrier for the amount of money paid upon the award or
judgment entered thereon to the claimant. If the award against the
carrier is finally reversed on appeal, then the carrier is relieved of
liability and not otherwise.
Structure New York Laws
Article 4 - Security for Compensation
50 - Security for Payment of Compensation.
50-A - Self-Insurer Offset Fund.
50-B - Task Force on Group Self-Insurance.
51 - Posting of Notice Regarding Compensation.
52 - Effect of Failure to Secure Compensation.
54-A - Security Where Coverage Is in Issue.
54-B - Enforcement on Failure to Pay Award or Judgment.
55 - Acceptance of Premium by Carrier an Estoppel.
57 - Restriction on Issue of Permits and the Entering Into Contracts Unless Compensation Is Secured.
58 - Payment of Compensation to Persons Providing Housekeeping or Nursing Services.