Bill Text: NY A03671 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides for an initial hearing in every case for a claim of compensation.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A03671 Detail]

Download: New_York-2021-A03671-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3671

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 28, 2021
                                       ___________

        Introduced  by  M.  of  A.  HUNTER,  STECK, MAGNARELLI, COLTON, REYES --
          Multi-Sponsored by -- M. of A. PRETLOW -- read once  and  referred  to
          the Committee on Labor

        AN  ACT to amend the workers' compensation law, in relation to providing
          for an initial hearing in every case for a claim of compensation

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

     1    Section  1.  Subdivision  1 of section 20 of the workers' compensation
     2  law, as amended by chapter 635 of the laws of 1996, is amended  to  read
     3  as follows:
     4    1.  At any time after [the expiration of the first seven days of disa-
     5  bility on the part of] an injury of the injured employee, or at any time
     6  after the employee's death, a claim for compensation may be presented to
     7  the employer or to the chair. The board shall hold  an  initial  hearing
     8  for  each claim and shall have full power and authority to determine all
     9  questions in relation to the payment  of  claims  presented  to  it  for
    10  compensation  under  the provisions of this chapter.  The chair or board
    11  shall make or cause to be made such investigation as it deems necessary,
    12  and upon application of either party, shall order a hearing, and  within
    13  thirty  days  after  a  claim  for  compensation is submitted under this
    14  section, or such hearing closed, shall make or deny an award,  determin-
    15  ing  such claim for compensation, and file the same in the office of the
    16  chair. Immediately after such filing the chair shall send to the parties
    17  a copy of the decision.  Upon a hearing pursuant to this section  either
    18  party  may present evidence and be represented by counsel.  The decision
    19  of the board shall be final as to all questions of fact, and, except  as
    20  provided in section twenty-three of this article, as to all questions of
    21  law.    Except  as provided in section twenty-seven of this article, all
    22  awards of the board shall draw simple interest from  thirty  days  after
    23  the making thereof at the rate provided in section five thousand four of
    24  the  civil  practice law and rules. Whenever a hearing or proceeding for

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03442-01-1
        A. 3671                             2

     1  the determination of a claim for compensation is begun before a referee,
     2  pursuant to the provisions of this chapter, such hearing  or  proceeding
     3  or  any adjourned hearing thereon shall continue before the same referee
     4  until  a final determination awarding or denying compensation, except in
     5  the absence, inability or disqualification to act of  such  referee,  or
     6  for  other  good cause, in which event such hearing or proceeding may be
     7  continued before another referee by order of the chair or board.
     8    § 2. This act shall take effect immediately.