Bill Text: NY S00098 | 2023-2024 | 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 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S00098 Detail]

Download: New_York-2023-S00098-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           98

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  GOUNARDES, JACKSON, MAY -- read twice and ordered
          printed, and when printed to be committed 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.
                                                                   LBD01503-01-3
        S. 98                               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.