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HELD v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD

509642.

85 A.D.3d 35 (2011)

921 N.Y.S.2d 674

2011 NY Slip Op 3155

WILLIAM HELD JR., as Chairman of Contractors Compensation Trust, et al., Respondents-Appellants, v. STATE OF NEW YORK WORKERS' COMPENSATION BOARD et al., Appellants-Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 21, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Paul Groenwegen of counsel), for appellants-respondents.

Patterson, Belknap, Webb & Tyler, L.L.P., New York City ( Stephen P. Younger of counsel), for respondents-appellants.

Fulbright & Jaworski, L.L.P., New York City ( Glen Banks of counsel), for Business Council of New York Workers Compensation Trust Manufacturers Group, amicus curiae.

Murtagh, Cohen & Byrne, Rockville Centre ( Edward T. Byrne of counsel), for Electrical Employers Self Insurance Safety Plan, amicus curiae.

KAVANAGH, McCARTHY and EGAN Jr., JJ., concur; CARDONA, P.J., not taking part.

OPINION OF THE COURT

ROSE, J.

I.

Our Workers' Compensation Law requires employers to secure the payment of compensation to their employees either through the State Insurance Fund, by purchasing an insurance policy or by self-insurance (see Workers' Compensation Law § 50). The option of self-insurance has long been available to individual employers whose financial resources are large enough for them to qualify (see Workers' Compensation...

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