84 - General attorney. - New York Statutes

§ 84. General attorney. There shall be a general attorney of the state fund. He shall have such legal and other assistants as may be required, within the limits set forth in the budget. It shall be the duty of the general attorney to advise the commissioners and the management of the fund upon all matters of law arising in connection with any contract or policy of insurance issued by the fund, and upon any claim or award of compensation. He shall appear as the attorney of record in all suits and other proceedings to which the state fund or the commissioners thereof are parties. He shall conduct all appeals on behalf of employers insured in the fund and on behalf of the fund itself, except where there is a divergence of interest between the employer and the fund, in which case he shall appear on behalf of the fund alone. He shall prosecute all claims against third parties under the subrogated rights of the state fund, in accordance with the provisions of section twenty-nine of this chapter. He shall have the right, subject to the approval of the commissioners, to employ special counsel in matters involving special difficulty, and to provide for the payment of their compensation and expenses out of the state fund.