New York Prepares to Close Second Injury Fund

As of 07/01/07, the self-insured employers and the carriers in New York can no longer file claims for reimbursement with the Special Funds Conservation Committee under Section 15-8. In other words, for claims with dates of accident or dates of disablement of 07/01/07 or later, the employers and carriers cannot look to the Special Funds Conservation Committee for reimbursement under Section 15-8 or Section 14-6, the concurrent employment provision.

The recent law also provides that no C-250’s may be filed after 07/01/10, for claims with dates of accident or dates of disablement prior to 07/01/07, for the purpose of seeking 15-8 relief. Regardless of the filing dates of the C-250’s, again for claims prior to 07/01/07, all written submission of evidence in support of a 15-8 claim must be filed prior to 07/01/10 for consideration by the Special Funds Conservation Committee.

The Statute also requires that all requests for reimbursement for cases with established 15-8 or 14-6 findings be submitted to the Special Funds Conservation Committee within one year from the date of the expenditure or one year from the effective date of this legislation, 03/13/07, whichever is later. The reimbursement request would be deemed waived if the employers or the carriers do not comply with this provision.