Do you support this bill?

Assembly Bill A3569

2009-2010 Legislative Session

Requires employers to present substantial evidence when contesting workers' compensation claims

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

multi-Sponsors

2009-A3569 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง25, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2746
2013-2014: A3694

2009-A3569 (ACTIVE) - Summary

Requires employers to present substantial evidence when contesting workers' compensation claims; directs the workers' compensation board to award a claimant legal fees, if it finds that an employer contested a claim without substantial evidence.

2009-A3569 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3569

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. PERRY -- Multi-Sponsored by -- M. of A. EDDING-
  TON, GOTTFRIED, HOOPER, McENENY, J. RIVERA, ROBINSON,  TOWNS  --  read
  once and referred to the Committee on Labor

AN  ACT to amend the workers' compensation law, in relation to requiring
  employers or insurance carriers to present substantial  evidence  when
  contesting claims

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 2 of section 25 of  the  work-
ers' compensation law, as amended by chapter 635 of the laws of 1996, is
amended to read as follows:
  (c)  If the board shall upon a hearing determine that [objections] ANY
OBJECTION to an award of compensation OR MEDICAL BENEFITS by the employ-
er or insurance carrier  [were]  WAS  interposed  without  [just  cause]
SUBSTANTIAL  EVIDENCE, it shall state the grounds for such determination
and shall require the employer or the insurance carrier to  pay  to  the
claimant,  in  addition to the amount presently due under the award, the
sum of three hundred dollars AND PAY THE  REASONABLE  CLAIMS  FOR  LEGAL
SERVICES  INCURRED BY A CLAIMANT AS A RESULT OF THE OBJECTIONS SO INTER-
POSED.
  S 2. This act shall take effect immediately and shall apply  to  work-
ers' compensation claims submitted on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01908-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.