Security where coverage is in issue

Workers' Compensation

Section: 54-A

Jurisdiction: NY

Bluebook Citation: N.Y. Workers’ Comp. Law § 54-A

§ 54-a. Security where coverage is in issue. Where the issue of policy\ncoverage is raised by a carrier in any hearing or proceeding before the\nboard, and an appeal by the carrier, or the making of an application for\nreview is made, although an award is made to a claimant therein against\nthe employer and carrier, the chairman may, nevertheless, require the\nemployer to deposit the amount of said award or furnish such security\ntherefor as may be deemed satisfactory by said chairman. If the employer\nshall fail to make such deposit or give such security, the award may be\nenforced promptly against said employer by the entry of judgment by and\nin the name of the chairman, for and in behalf of such claimant in\naccordance with the provisions of section twenty-six hereof. In the\nevent that the award made as against the carrier is finally affirmed,\nthe employer shall be entitled to the return of said security deposited\nor, if the said award has been paid, to an award by way of reimbursement\nagainst the said carrier for the amount of money paid upon the award or\njudgment entered thereon to the claimant. If the award against the\ncarrier is finally reversed on appeal, then the carrier is relieved of\nliability and not otherwise.\n

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