Workers Compensation Law Section 50

In Held v. Workers' Comp. Bd. 42 Misc 3d 1216[A], 984 NYS2d 632, 2008 NY Slip Op 52741[U], (Sup Ct, Albany County, July 7, 2008, index No. 2957-08), the Court found that, upon a plain reading of Workers' Compensation Law 50 (5) (f) considered in light of the relevant legislative history, attendant regulations and the provisions of section 50 as a whole, the legislature's use of the term "private self-insured employer" evidenced its intent that such provision apply to all nonpublic self-insurers, including individual self-insured employers and GSITs. In that case, this court addressed the use of the terms "private" and "employer" in the context of the self-insurance program and more specifically in Workers' Compensation Law 50, and found that those terms referred to both individual self-insurers and GSITs. The court also addressed the term "private" finding that such term, as used in Workers' Compensation Law 50, was meant to distinguish nonpublic individual employers self-insuring under the provisions of section 50 (3) and nonpublic employer groups self-insuring under the provisions of section 50 (3-a), from public employers self-insuring individually pursuant to the provisions of section 50 (4) or as a group exclusively made up of public employers pursuant to the provisions of section 50 (3-a). The court determined that the term "private self-insured employer," as contemplated by the legislature, included nonpublic individual self-insured employers and GSITs, comprising nonpublic employers only as well as GSITs that include both public and nonpublic employers. The court found that such "private self-insured employers" are subject to Workers' Compensation Law 50 (5) (f) assessments.