Bill Text: NY A07435 | 2019-2020 | General Assembly | Introduced


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

Spectrum: Moderate Partisan Bill (Democrat 13-2)

Status: (Introduced) 2019-05-03 - referred to labor [A07435 Detail]

Download: New_York-2019-A07435-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7435
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       May 3, 2019
                                       ___________
        Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
          tee 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
    22  by the board of such mistake, omission, defect and/or other irregularity
    23  or if a substantial right of either the party filing the application  or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09708-02-9

        A. 7435                             2
     1  the party filing the rebuttal is not prejudiced, such mistake, omission,
     2  defect and/or other irregularity shall be disregarded.
     3    4.  This  section  shall  apply to any and all forms prescribed by the
     4  board with respect to said applications for board review or  full  board
     5  review  or  rebuttals  to  said applications subsequent to the effective
     6  date of this section.
     7    § 2. This act shall take effect immediately.
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