senate Bill S1401

2011-2012 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 - Passed Senate

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 referred to labor
delivered to assembly
passed senate
ordered to third reading cal.1144
committee discharged and committed to rules
Jan 04, 2012 referred to labor
Jan 07, 2011 referred to labor


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S1401 - Details

See Assembly Version of this Bill:
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§23 & 142, Work Comp L
Versions Introduced in 2009-2010 Legislative Session:
S3381, A7680

S1401 - Summary

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

S1401 - Sponsor Memo

S1401 - Bill Text download pdf

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


                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 7, 2011

Introduced  by  Sen.  SAVINO -- 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 setting  a
  time  limit  for requesting full board review of unanimous board panel


  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
the  case  to an impartial specialist,] any party in interest may within

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


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