6/8/16 N.Y. St. Reg. WCB-45-15-00023-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 311.1 of Title 12 NYCRR.
Statutory authority:
Workers’ Compensation Law, sections 16, 117 and 141
Subject:
Funeral expenses.
Purpose:
To increase the permitted amount of reimbursement for funeral and memorial services in work related deaths.
Text of final rule:
Section 311.1 of Title 12 of the New York Codes Rules and Regulations is amended as follows:
Reimbursement for funeral expenses or memorial services under the Workers' Compensation Law, including but not limited to the following items: grave sites; headstone; organist; priest, minister, rabbi or other officiant; removal from hospital; casket; vault; chapel rental; embalming; preparation fees; hearse; cemetery fees including plot; death certificates; newspaper ad; and cremation costs, shall not exceed $ [6]12,500 in the counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, and Westchester. In the remaining counties, reimbursement for such funeral expenses shall not exceed $ [5]10,500. This fee schedule shall be applicable to deaths occurring on or after [July 31, 1990] June 8, 2016.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 311.1.
Text of rule and any required statements and analyses may be obtained from:
Heather MacMaster, Workers' Compensation Board, 328 State Street, Office of General Counsel, Schenectady, NY 12305-2318, (518) 486-9564, email:
regulations@wcb.ny.govRevised Regulatory Impact Statement
A revised Regulatory Impact Statement is not required because the changes made to the last published rule do not necessitate revision to the previously published document. The only change to the adopted rule is to change the effective date to June 8, 2016, the date of publication in the State Register.
Revised Regulatory Flexibility Analysis
A revised Regulatory Flexibility Analysis for Small Business and Local Governments is not required because the changes made to the last published rule do not necessitate revision to the previously published document. The only change to the adopted rule is to change the effective date to June 8, 2016, the date of publication in the State Register.
Revised Rural Area Flexibility Analysis
A revised Rural Area Flexibility Analysis is not required because the changes made to the last published rule do not necessitate revision to the previously published document. The only change to the adopted rule is to change the effective date to June 8, 2016, the date of publication in the State Register.
Revised Job Impact Statement
A revised Statement in Lieu of Job Impact Statement is not required because the changes made to the last published rule do not necessitate revision to the previously published document. The only change to the adopted rule is to change the effective date to June 8, 2016, the date of publication in the State Register.
Assessment of Public Comment
The agency received no public comment.
