N.Y. Comp. Codes R. & Regs. tit. 12, § 303.3
(a) Notwithstanding subdivision 1 of section 20 of the Workers' Compensation Law, any claims for compensation of the individuals described below, including claims resulting from the death of such individuals, shall not be within the jurisdiction of the Workers' Compensation Board but shall instead be determined in accordance with the rules and regulations herein set forth: