INTRODUCTION

     In general: Workers' compensation is a form of social
insurance providing benefits to employees injured in connection
with employment.  Workers' (originally workmen's) compensation
systems are creations of statute.  They are ameliorative
legislation, intended to replace the old, and harsh, common-law
rules that forced employees to sue their employers for job-related
injuries, and that provided technicalities and doctrines (like the
"fellow servant rule" and "assumption of the risk") which
frequently allowed employers to escape all liability for such
harms.  Three basic introductions to the subject are J. Hood,
Workers' compensation and employee protection law in a nutshell (2d
ed., 1990); M. Jasper, Workers' compensation law (1997); and J.
Nackley, Primer on workers' compensation (2d ed., 1989).  The
standard treatise is A. Larson, Larson's workers' compensation law,
12 vols. (1952-).

     New York State: New York's original Workmen's Compensation Law
was passed in 1910, but was declared unconstitutional by the Court
of Appeals (201 N.Y. 271) the next year because it was held to
deprive employers of property without due process of law.  In 1913,
the people responded by adopting a constitutional amendment (now
Art. I, sec. 18) authorizing such legislation.  The same year, the
legislature adopted the basis of the present workers' compensation
system (L.1913, c.816, reenacted L.1914, c.41).  This law has been
amended many times since; but only in 1978 did the legislature get
around to changing its name from the Workmen's Compensation Law to
the Workers' Compensation Law (L.1978, c.79).  The Workers'
Compensation Law is now Chapter 67 of the Consolidated Laws.  The
most recent substantial amendment to the Law was enacted as the
Employment, Safety, and Security Act, L.1996, c.635 (the N.Y.S.
Workers' Compensation's board report Women and workers'
compensation in New York State (1996) examines the effects of this
amendment).
    
     The New York workers' compensation system is administered by
the Workers' Compensation Board, administratively part of the
Department of Labor.  The Board is made up of a chairman and twelve
members appointed by the governor and confirmed by the senate.  A
subsidiary Medical Appeals Unit, made up of three doctors appointed
by the governor, considers medical matters referred to it by the
Board.  (For brief descriptions of the Board, see The New York Red
Book.)
     The Board's homepage (http://www.wcb.state.ny.us/) describes
the Board's organization and duties and provides a variety of
useful background information (although not the agency's
decisions).

     The Workers'Compensation Law provides a comprehensive scheme
for the award of benefits to employees suffering accidental injury
"arising out of and in the course of employment" (sec. 2(7)) or for
"occupational disease" as defined by the statute (sec. 3(2)).
These awards are made regardless of fault for the injury or
disease.  The rates of benefit to be awarded are specified by the
Law.  Almost all employers of one or more employees are required to
maintain workers' compensation insurance; the few exceptions to
this rule are enumerated by the statute.  In addition to this
standard compensation coverage, Article 9 of the Law provides for
disability benefits to cover wage loss caused by temporary injury
or disease unrelated to employment.  Provision of benefits under
the Law is, except in rare circumstances, the employee's sole
remedy against the employer, although it may not foreclose actions
against third parties.
      Claims under the Law are generally straightforward.
Employees are required to report work injuries within thirty days
of occurrence.  Most of these reports result in "uncontroverted
claims," in which the insurer of an employer does not contest the
award of statutory benefits.  A few claims, however, are
"controverted" and must be processed under the administrative
procedure provided by the Law.  Controverted claims are originally
heard by hearing officers employed by the Board.  Hearings are
informal: technical rules of evidence do not apply, and claimants
need not be represented by attorney.  Initial decisions may be
appealed to a Board panel made up of three board members.  A panel
decision may in turn be appealed to the full Board if the Board, in
its discretion, agrees to hear the appeal, or at the request of a
party if one member of the panel dissents from the panel decision
(sec. 23).  Board decisions may be appealed to the Appellate
Division of Supreme Court, but are affirmed if there is
"substantial evidence" to support the Board's conclusions.  All
appeals, wherever originated, must be filed in the Third Department
of the Appellate Division, sitting in Albany.  Further review by
the Court of Appeals is possible, but very rare.
     For a basic discussion of the subject, see M. Minkowitz and M.
Magro, eds., A Practitioner's Guide to Workers Compensation Law in
New York (NYSBA, 1996).  The main looseleaf reporter is the New
York Workers' Compensation Law Reporter (LRP, 1987-).
     Below are listed some of the basic reference sources used to
research workers' compensation issues.

                            STATUTES

     1. McKinneys' Consolidated Laws of New York (West)
          Workers' Compensation Law is in Book 64 (in 3 vols.),
includes practice commentaries in addition to the usual annotations
and research aids
     2. New York Consolidated Laws Service (Lexis)
          Workers'Compensation Law is in vols. 40, 40A, and 40B
     3. New York workers' compensation law reporter        
          Current vol. 1 prints text of Workers' Compensation and
related laws
     4. New York State Workers' Compensation Law, 1914-1982
          One-volume reprint of the McKinneys' text
     5. Board's homepage provides text of selected statutes

                   BOARD RULES AND REGULATIONS

     1. McKinneys' Consolidated Laws of New York: Appendix in last
volume of Book 64 prints current Board rules
     2. New York Consolidated Laws Service: Appendix in vol. 40B
and pocket part prints current Board rules
     3. New York workers' compensation law reporter: Current vol.
1 prints current Board rules
     4. 12(C) NYCRR Chp. V, Pts. 300-425, prints official current
text of Board rules.  The NYCRR is available on WESTLAW (NY-ADC
database) and on LEXIS (NY library, NYADMN file)
     5. Board's homepage provides text of selected rules and
regulations

                         COURT OPINIONS

     Appellate Division opinions on workers' compensation issues
are reported, in the ordinary way, in the official Appellate
Division Reports and in West's New York Supplement, and are carried
by WESTLAW and LEXIS.
     The official Compensation Court Decisions (1939-1977),
available in the N.Y.S. Library, is no longer published.
     The New York workers' compensation law reporter reports
opinions from 1986 on. 

                         BOARD DECISIONS

     The official Workmen's Compensation Board Decisions and
Administrative Rulings (1941-1977; title varied over time),
available in the N.Y.S. Library, is no longer published.  It was
indexed by sections of the Workers' Compensation Law.  More current
Board decisions, arranged by year and indexed by section, are
available in the Board's Library in Albany. 
     New York workers' compensation law reporter reports full Board
and some Board panel decisions from 1986 on.
     Westlaw carries Board decisions (NY-WCLR database) from 1990
on.
     The Board's homepage does not carry the text of its decisions.

                              FORMS

     1.  M. Minkowtiz and M. Magro, eds., A Practitioners' Guide to
Workers Compensation Law in New York (1996) provides basic practice
forms
     2. New York Consolidated Laws Service prints some forms after
sections of the Workers' Compensation Law
     3. West's McKinneys' Forms provides some forms in vol. 29
     4. Bender's Forms, Consolidated Laws of New York  provides
some forms in vol. 8A, pt. 2
     5. Board's homepage provides the text of selected basic forms

                          FINDING AIDS

DIGESTS
     A. Court opinions
          1. Abbott New York Digest 2d, "Workmen's Compensation,"
vols. 28, 28B, 28C
          2. West's New York Digest 3d, "Workers' Compensation,"
vol. 38
          3. New York Law Journal Digest-Annotator, Topic 683:
"Workers' Compensation"
          4. New York Workers' Compensation Law Reporter, 1986-
               a. transfer volumes and current volume each have
their own, noncumulative finding aids
               b. Cumulative digest (arranged under "numerical
index" subject categories): access is provided by alphabetical list
of main subject categories, numerical outline of categories, and
subject index to digest
     B. Board decisions: digested, with court opinions, by New York
Workers' Compensation Law Reporter.  Earlier cases are indexed by
law section in discontinued Board reports.

CITATORS
     Shepards' citators do not cover workers compensation materials
specifically, although the court and statute citators do, in the
ordinary course, cover standard court reports and Consolidated Law
references.
     The New York Workers'Compensation Law Reporter provides the
following citation services (1986 on):
          1. Cross references
               a. from docket numbers to court citations
               b. from official report citations to docket numbers
               c. from N.Y. Supplement citations to docket numbers
          2. "Citation tracker" showing where Board decisions and
court opinions are cited by subject decisions and opinions
          3. "Statute/Regulation tracker" showing where statutes
and regulations are cited by decisions and opinions

ENCYCLOPEDIA
     N.Y. Jur 2d., vols. 109-111: "Workmen's Compensation"

LOOSELEAF SERVICE
     The New York workers' compensation law reporter (1986-),
described above, provides the most comprehensive current coverage
of the subject.  Its monthly Highlights, filed in current vol. 1,
is a newsletter surveying current events.

SOME TREATISES
     Employment Law in New York (West, 1994-), vol.2, secs. 20:000
et seq.
     Handling Your First Workers' Compensation Case (PLI, 1993)
     Labor and Employment Law in New York (2d ed., West, 1992-),
chp.7
     New York Employment Law (M.Bender, 1992-), vol.1, chp.16
CATALOG
     Check the subject card catalog under "Workers' Compensation"
and subheadings.  General materials on the subject are mostly
classified at KF3614-3615, New York at KFN5592.

PERIODICALS
     Check the Index to Legal Periodicals and  the Current Law Index,
under "Workers' Compensation" and subheadings