Senate Bill S3381

2009-2010 Legislative Session

Relates to setting a time limit for requesting full board review of unanimous board panel decisions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S3381 (ACTIVE) - Details

See Assembly Version of this Bill:
A7680
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§23 & 142, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1401, A6909
2013-2014: S3680

2009-S3381 (ACTIVE) - Summary

Relates to setting a time limit for requesting full board review of unanimous board panel decisions.

2009-S3381 (ACTIVE) - Sponsor Memo

2009-S3381 (ACTIVE) - Bill Text download pdf

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

                                  3381

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 17, 2009
                               ___________

Introduced  by  Sens.  ONORATO,  SAVINO  --  (at  request of the Workers
  Compensation Board) -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to setting  a
  time  limit  for requesting full board review of unanimous board panel
  decisions

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

  Section  1. Section 23 of the workers' compensation law, as amended by
chapter 6 of the laws of 2007, is amended to read as follows:
  S 23. Appeals. An award or decision of the board shall  be  final  and
conclusive  upon  all  questions within its jurisdiction, as against the
state fund or between the parties, unless reversed or modified on appeal
therefrom as hereinafter provided. Any  party  may  within  thirty  days
after  notice  of  the filing of an award or decision of a referee, file
with the board an application in writing for a modification  or  rescis-
sion  or  review of such award or decision, as provided in this chapter.
The board shall render its decision upon such application in writing and
shall include in such decision a statement of the facts which formed the
basis of its action on the issues raised before it on such  application.
Within  thirty  days after notice of the decision of the board upon such
application has been served upon the  parties,  or  within  thirty  days
after notice of an administrative redetermination review decision by the
chair  pursuant  to  subdivision  five of section fifty-two, section one
hundred thirty-one or section one hundred forty-one-a  of  this  chapter
has been served upon any party in interest, an appeal may be taken ther-
efrom  to the appellate division of the supreme court, third department,
by any party in interest, including an employer  insured  in  the  state
fund; provided, however, that [if the decision or determination was that
of  a  panel  of the board and there was a dissent from such decision or
determination other than a dissent the sole basis of which is  to  refer

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08914-01-9
              

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