Bill Text: NY A00386 | 2021-2022 | General Assembly | Introduced


Bill Title: Relates to irregularities in a cover sheet accompanying an application for administrative review or full board review or a rebuttal to such applications, and provides for the correction of such irregularities.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced) 2021-01-06 - referred to labor [A00386 Detail]

Download: New_York-2021-A00386-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                           386

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A.  JACOBSON, COLTON, REYES, DICKENS, GOTTFRIED,
          SAYEGH, GLICK, FAHY, STECK, ABINANTI, KIM, CUSICK, MORINELLO, PERRY --
          Multi-Sponsored by -- M. of A. COOK, McDONOUGH, SIMON -- read once and
          referred to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to irregular-
          ities in a cover sheet accompanying an application for  administrative
          review or for full board review or a rebuttal to such applications

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The workers' compensation law is amended by  adding  a  new
     2  section 23-a to read as follows:
     3    §  23-a.  Mistakes,  defects  and irregularities.   1. Notwithstanding
     4  anything contained in 12 NYCRR 300.13  (b)  as  or  further  defined  in
     5  Subject Number 046-878 and Subject Number 046-940 issued by the board, a
     6  mistake,  omission,  defect  and/or  other irregularity in a cover sheet
     7  (currently known as form RB-89) accompanying an application for adminis-
     8  trative review or a cover sheet (currently known as RB-89.2)  accompany-
     9  ing an application for full board review shall not be grounds for denial
    10  of said application for administrative review or full board review.
    11    2. Notwithstanding anything contained in 12 NYCRR 300.13 (b) or (c) as
    12  or  further defined in Subject Number 046-878 and Subject Number 046-940
    13  issued by the board, a mistake, omission, defect and/or other irregular-
    14  ity in a cover sheet (currently known as form  RB-89.1)  accompanying  a
    15  rebuttal  to  an  application for administrative review or a cover sheet
    16  (currently known as RB-89.3) accompanying a rebuttal to  an  application
    17  for  full  board review shall not be grounds for denial of said rebuttal
    18  to an application for administrative review or an application  for  full
    19  board review.
    20    3.  The  board  shall permit any such mistake, omission, defect and/or
    21  other irregularity to be corrected within twenty days of written  notice

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04899-01-1

        A. 386                              2

     1  by the board of such mistake, omission, defect and/or other irregularity
     2  or  if a substantial right of either the party filing the application or
     3  the party filing the rebuttal is not prejudiced, such mistake, omission,
     4  defect and/or other irregularity shall be disregarded.
     5    4.  This  section  shall  apply to any and all forms prescribed by the
     6  board with respect to said applications for board review or  full  board
     7  review  or  rebuttals  to  said applications subsequent to the effective
     8  date of this section.
     9    § 2. This act shall take effect immediately.
feedback