General attorney

Workers' Compensation

Section: 84

Jurisdiction: NY

Bluebook Citation: N.Y. Workers’ Comp. Law § 84

§ 84. General attorney. There shall be a general attorney of the state\nfund. He shall have such legal and other assistants as may be required,\nwithin the limits set forth in the budget.\n It shall be the duty of the general attorney to advise the\ncommissioners and the management of the fund upon all matters of law\narising in connection with any contract or policy of insurance issued by\nthe fund, and upon any claim or award of compensation. He shall appear\nas the attorney of record in all suits and other proceedings to which\nthe state fund or the commissioners thereof are parties. He shall\nconduct all appeals on behalf of employers insured in the fund and on\nbehalf of the fund itself, except where there is a divergence of\ninterest between the employer and the fund, in which case he shall\nappear on behalf of the fund alone. He shall prosecute all claims\nagainst third parties under the subrogated rights of the state fund, in\naccordance with the provisions of section twenty-nine of this chapter.\nHe shall have the right, subject to the approval of the commissioners,\nto employ special counsel in matters involving special difficulty, and\nto provide for the payment of their compensation and expenses out of the\nstate fund.\n

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