Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 |
referred to labor |
Jun 12, 2013 |
referred to labor |
Senate Bill S5754
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
2013-S5754 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd ยง11, Work Comp L
2013-S5754 (ACTIVE) - Summary
Relates to contesting personal injury or wrongful death actions; provides that determinations made by the workers' compensation board or ALJ as to cause of injury, degree of disability and/or permanency of injury shall not be given preclusive effect in any other forum, court or proceeding.
2013-S5754 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5754 TITLE OF BILL: An act to amend the workers' compensation law, in relation to personal injury or wrongful death actions PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to correct a recent court decision that for the first time granted preclusive effect to decisions of the Workers' Compensation Board (WCB) relating to disability, potentially barring injured workers from seeking justice through the courts on the basis of an administrative decision of the WCB. SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new paragraph (b) to section 11 of the Workers' Compensation Law that would bar a court or other forum from granting preclusive effect to decisions by the Workers' Compensation Board regarding cause of injury, degree of disability, lost earnings, need for future medical care and/or permanency of injury. JUSTIFICATION: In the recent case of Auqui v. Seven Thirty One Limited Partnership, et al., 20 N.Y.3d 1035 (2013), the Court of Appeals for the first time allowed a decision on an injured worker's disability by the Workers' Compensation Board to bind a regular civil court in a related third-party action. That decision will bar injured workers from seeking justice in the
2013-S5754 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5754 2013-2014 Regular Sessions I N S E N A T E June 12, 2013 ___________ Introduced by Sen. NOZZOLIO -- 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 personal injury or wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, the opening paragraph as amended by chapter 169 of the laws of 2007, the fifth undesignated paragraph as added by chapter 49 of the laws of 1999 and the closing paragraph as added by chapter 392 of the laws of 2008, is amended to read as follows: S 11. Alternative remedy. (A) The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee, his or her personal repre- sentatives, spouse, parents, dependents, distributees, or any person otherwise entitled to recover damages, contribution or indemnity, at common law or otherwise, on account of such injury or death or liability arising therefrom, except that if an employer fails to secure the payment of compensation for his or her injured employees and their dependents as provided in section fifty of this chapter, an injured employee, or his or her legal representative in case of death results from the injury, may, at his or her option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action it shall not be neces- sary to plead or prove freedom from contributory negligence nor may the defendant plead as a defense that the injury was caused by the negli- gence of a fellow servant nor that the employee assumed the risk of his or her employment, nor that the injury was due to the contributory negligence of the employee. The liability under this chapter of The New York Jockey Injury Compensation Fund, Inc. created under section two hundred [thirteen-a] TWENTY-ONE of the racing, pari-mutuel wagering and breeding law shall be limited to the provision of workers' compensation coverage to jockeys, apprentice jockeys and exercise persons licensed under article two or four of the racing, pari-mutuel wagering and breed-
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