Bill Text: NY S05862 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires hearings on claims for compensation to occur within 120 days; results in a default judgment for the claimant if such hearing has not occurred within 120 days.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LOCAL GOVERNMENT [S05862 Detail]

Download: New_York-2023-S05862-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5862

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
          printed to be committed to the Committee on Local Government

        AN ACT to amend the volunteer firefighters' benefit law, in relation  to
          requiring hearings on certain claims to occur within a specific amount
          of time

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

     1    Section 1. Section 43 of the volunteer firefighters' benefit  law,  as
     2  amended  by  chapter  336  of  the  laws  of 1957, is amended to read as
     3  follows:
     4    § 43. Determination of claims for benefits. The provisions of  section
     5  twenty  of the [workmen's] workers' compensation law shall be applicable
     6  as fully as if set forth in this chapter, except that the waiting period
     7  of seven days for the presentation of  claims  for  benefits  shall  not
     8  apply to the presentation of claims for benefits under this chapter, and
     9  a  hearing  ordered by the chair or board shall occur within one hundred
    10  twenty days after a claim for compensation is submitted under this chap-
    11  ter, provided that failure of such hearing to occur within  one  hundred
    12  twenty  days  of  such submission shall default such claim in the claim-
    13  ant's favor, including full payment of the award, determining such claim
    14  for compensation.
    15    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10338-01-3