Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2018 | referred to labor |
Jul 10, 2017 | referred to labor |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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A8606 (ACTIVE) - Details
A8606 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8606 2017-2018 Regular Sessions I N A S S E M B L Y July 10, 2017 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Labor AN ACT to amend the workers' compensation law, in relation to attorney's fees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 24 of the workers' compensation law, as amended by chapter 494 of the laws of 1950, is amended to read as follows: § 24. Costs and fees. 1. If the court before which any proceedings for compensation or concerning an award of compensation have been brought, under this chapter, determine that such proceedings have not been so brought upon reasonable ground, it shall assess the cost of the proceedings upon the party who has so brought them. 2. Claims of attorneys and counselors-at-law for legal services in connection with any claim arising under this chapter, and claims for services or treatment rendered or supplies furnished pursuant to subdi- vision (b) of section thirteen of this [chapter] ARTICLE, shall not be enforceable unless approved by the board. [If] THE BOARD SHALL APPROVE SUCH APPLICATION IN AN AMOUNT COMMENSURATE WITH THE SERVICES RENDERED, WHETHER THE ATTORNEY OR LICENSED REPRESENTATIVE ENGAGED IN DILATORY TACTICS OR FAILED TO COMPLY IN A TIMELY MANNER WITH BOARD RULES AND THE AMOUNT OF COMPENSATION AWARDED, HAVING DUE REGARD FOR THE FINANCIAL STATE OF THE CLAIMANT IN ACCORDANCE WITH EACH APPLICABLE PROVISION OF THE FOLLOWING SCHEDULE: (A) WHEN AN AWARD IS MADE DIRECTING THE CONTINUATION OF WEEKLY COMPEN- SATION BENEFITS FOR TEMPORARY TOTAL OR PARTIAL DISABILITY, THE ATTOR- NEY'S FEE SHALL BE ONE-THIRD OF ONE WEEK'S COMPENSATION. (B) WHEN AN AWARD IS MADE THAT INCREASES THE AMOUNT OF COMPENSATION AWARDED OR PAID FOR A PREVIOUS PERIOD OR PERIODS OF TEMPORARY TOTAL OR PARTIAL DISABILITY, THE ATTORNEY'S FEE SHALL BE FIFTEEN PERCENT OF THE INCREASED COMPENSATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.