|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 12, 2012||referred to labor|
delivered to assembly
ordered to third reading cal.1144
committee discharged and committed to rules
|Jan 04, 2012||referred to labor|
|Jan 07, 2011||referred to labor|
senate Bill S1401
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1401 - Details
S1401 - Summary
Relates to setting a time limit for requesting full board review of unanimous board panel decisions.
S1401 - Sponsor Memo
BILL NUMBER:S1401 TITLE OF BILL: 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 PURPOSE: This bill sets a 3D-day time limit for requesting review by the full Board of a unanimous Workers' compensation Board panel decision, and bars applicants who request review by the full Board from merely resubmitting the same application for review they had presented to the Boardpanel. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends Workers' compensation Law § 23 to apply the 30-day time limit for appeals to both appeals from a divided panel ("mandatory" appeals) and appeals from a unanimous panel ("discretionary" appeals). It further requires that any appeal to the full Board must raise arguments concerning the deficiencies of the panel's decision. Section 2 of the bill amends workers' compensation Law § 142(2) to require that a discretionary appeal be made in conformity with Workers' Compensation Law § 23.
S1401 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1401 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 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 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. LBD02858-01-1
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