S T A T E O F N E W Y O R K
________________________________________________________________________
6589
2017-2018 Regular Sessions
I N A S S E M B L Y
March 9, 2017
___________
Introduced by M. of A. MAYER -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to hearings
for determination of claims for compensation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 20 of the workers' compensation
law, as amended by chapter 635 of the laws of 1996, is amended to read
as follows:
1. At any time after the expiration of the first seven days of disa-
bility on the part of an injured employee, or at any time after the
employee's death, a claim for compensation may be presented to the
employer or to the chair. The board shall have full power and authority
to determine all questions in relation to the payment of claims
presented to it for compensation under the provisions of this chapter.
The chair or board shall make or cause to be made such investigation as
it deems necessary, and upon application of either party, shall order a
hearing WITHIN FORTY-FIVE DAYS AFTER THE FILING OF A CLAIM BY AN INJURED
EMPLOYEE, AND THEREAFTER SHALL ORDER A HEARING WITHIN FORTY-FIVE DAYS OF
RECEIPT OF AN APPLICATION BY EITHER PARTY, and within thirty days after
a claim for compensation is submitted under this section, or such hear-
ing closed, shall make or deny an award, determining such claim for
compensation, and file the same in the office of the chair. Immediately
after such filing the chair shall send to the parties a copy of the
decision. Upon a hearing pursuant to this section either party may
present evidence and be represented by counsel. The decision of the
board shall be final as to all questions of fact, and, except as
provided in section twenty-three of this article, as to all questions of
law. Except as provided in section twenty-seven of this article, all
awards of the board shall draw simple interest from thirty days after
the making thereof at the rate provided in section five thousand four of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09881-01-7
A. 6589 2
the civil practice law and rules. Whenever a hearing or proceeding for
the determination of a claim for compensation is begun before a referee,
pursuant to the provisions of this chapter, such hearing or proceeding
or any adjourned hearing thereon shall continue before the same referee
until a final determination awarding or denying compensation, except in
the absence, inability or disqualification to act of such referee, or
for other good cause, in which event such hearing or proceeding may be
continued before another referee by order of the chair or board.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.