Bill Text: NY S04337 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to hearings for determination of claims for compensation; requires the court to order a hearing within forty-five days after the filing of a claim by an injured employee, and to thereafter order a hearing within forty-five days of receipt of an application by either party.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S04337 Detail]
Download: New_York-2017-S04337-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4337 2017-2018 Regular Sessions IN SENATE February 10, 2017 ___________ Introduced by Sen. ALCANTARA -- 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 hearings for determination of claims for 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 injured employee, or at any time after the 6 employee's death, a claim for compensation may be presented to the 7 employer or to the chair. The board shall have full power and authority 8 to determine all questions in relation to the payment of claims 9 presented to it for compensation under the provisions of this chapter. 10 The chair or board shall make or cause to be made such investigation as 11 it deems necessary, and upon application of either party, shall order a 12 hearing within forty-five days after the filing of a claim by an injured 13 employee, and thereafter shall order a hearing within forty-five days of 14 receipt of an application by either party, and within thirty days after 15 a claim for compensation is submitted under this section, or such hear- 16 ing closed, shall make or deny an award, determining such claim for 17 compensation, and file the same in the office of the chair. Immediately 18 after such filing the chair shall send to the parties a copy of the 19 decision. Upon a hearing pursuant to this section either party may 20 present evidence and be represented by counsel. The decision of the 21 board shall be final as to all questions of fact, and, except as 22 provided in section twenty-three of this article, as to all questions of 23 law. Except as provided in section twenty-seven of this article, all 24 awards of the board shall draw simple interest from thirty days after 25 the making thereof at the rate provided in section five thousand four of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09881-01-7S. 4337 2 1 the civil practice law and rules. Whenever a hearing or proceeding for 2 the determination of a claim for compensation is begun before a referee, 3 pursuant to the provisions of this chapter, such hearing or proceeding 4 or any adjourned hearing thereon shall continue before the same referee 5 until a final determination awarding or denying compensation, except in 6 the absence, inability or disqualification to act of such referee, or 7 for other good cause, in which event such hearing or proceeding may be 8 continued before another referee by order of the chair or board. 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law.
