Section 206. Non-duplication of benefits  


Latest version.
  • 1. No benefits shall be payable
      under section two hundred four or two hundred seven:
        (a) in a weekly benefit amount which, together with  any  amount  that
      the  employee  receives or is entitled to receive for the same period or
      any part thereof as a permanent disability benefit or annuity under  any
      governmental  system  or  program,  except  under a veteran's disability
      program, or under any permanent  disability  policy  or  program  of  an
      employer  for  whom  he has performed services, would, if apportioned to
      weekly periods, exceed his weekly  benefit  amount  hereunder,  provided
      however, that there shall be no offset against the benefits set forth in
      this  article  if  the  claim  for  disability  benefits  is  based on a
      disability other than the permanent disability for which  the  aforesaid
      permanent disability benefit or annuity was granted;
        (b) with respect to any week for which payments are received under the
      unemployment  insurance law or similar law of this state or of any other
      state or of the United States;
        (c) subject to the provisions of subdivision two of this section,  for
      any  period  with  respect  to  which  benefits,  compensation  or other
      allowances (other than workmen's compensation benefits for  a  permanent
      partial  disability occurring prior to the disability for which benefits
      are claimed hereunder) are paid  or  payable  under  this  chapter,  the
      volunteer  firemen's  benefit  law,  or any other workmen's compensation
      act, occupational disease act or similar law, or  under  any  employers'
      liability  act  or  similar law; under any other temporary disability or
      cash sickness benefits act or similar law;  under  section  six  hundred
      eighty-eight,  title  forty-six,  United  States code; under the federal
      employers' liability act; or under the maritime doctrine of maintenance,
      wages and cure.
        2. If an employee who is  eligible  for  benefits  under  section  two
      hundred  three  or  two  hundred  seven  is  disabled and has claimed or
      subsequently claims workers' compensation benefits under this chapter or
      benefits under the volunteer firefighters' benefit law or the  volunteer
      ambulance  workers'  benefit  law, and such claim is controverted on the
      ground that the employee's disability was not caused by an accident that
      arose out of and in the course of his employment or by  an  occupational
      disease,  or  by an injury in line of duty as a volunteer firefighter or
      volunteer ambulance worker, the employee shall be entitled in the  first
      instance  to  receive benefits under this article for his disability. If
      benefits have been paid under this article in respect  to  a  disability
      alleged  to have arisen out of and in the course of the employment or by
      reason of an occupational disease, or in line of  duty  as  a  volunteer
      firefighter  or a volunteer ambulance worker, the employer or carrier or
      the chairman making such payment  may,  at  any  time  before  award  of
      workers'  compensation  benefits, or volunteer firefighters' benefits or
      volunteer ambulance workers' benefits, is made, file with  the  board  a
      claim  for  reimbursement  out  of  the  proceeds  of  such award to the
      employee for the period for which disability benefits were paid  to  the
      employee under this article, and shall have a lien against the award for
      reimbursement, notwithstanding the provisions of section thirty-three of
      this  chapter  or  section  twenty-three  of the volunteer firefighters'
      benefit law or section twenty-three of the volunteer ambulance  workers'
      benefit  law  provided  the  insurance carrier liable for payment of the
      award receives, before such award is made,  a  copy  of  the  claim  for
      reimbursement from the employer, carrier or chairman who paid disability
      benefits,  or  provided  the  board's  decision  and  award directs such
      reimbursement therefrom.