Senate Bill S6321

2017-2018 Legislative Session

Relates to increasing penalties for dilatory tactics of carriers, attorneys and employers during the hearing process

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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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
May 11, 2017	referred to labor

2017-S6321 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §25, Work Comp L

2017-S6321 (ACTIVE) - Summary

Relates to increasing penalties for dilatory tactics or unjustified lack of preparedness of a carrier, employer attorney or licensed representative during hearings.

2017-S6321 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6321

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to increasing penalties for dilatory tactics and broadening
application of penalty for violations of rules of professional conduct

 PURPOSE OF THE BILL :

This bill would increase the efficiency of Workers' Compensation Board
hearings by expanding the amount and scope of the dilatory tactics
penalty, thus disincentivizing the use of such delay tactics.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend Workers' Compensation Law § 25(3)(c)
to increase the amount of the penalty from $25 to $50, payable to the
Board's WCL § 151 fund, and from $75 to $150 payable to the injured
worker or the Board's WCL § 151 fund. It would also allow the Board to
penalize the employer or carrier's legal representative, as well as
the claimant's attorney. Finally, the bill would expand the definition
of dilatory tactics to include violations of the Code of Professional
Responsibility.

Section 2 of the bill would make it effective immediately.

 JUSTIFICATION :

Workers' Compensation Law Judges (WCLJs) conduct approximately 250,000
hearings annually. The modem adjudication system demands that hearings
be conducted fully, fairly, with robust due process, and in protection
of the rights of injured workers. A WCLJ should be able to identify
and find that tactics which unnecessarily delay the process will not
be tolerated, whether the tactic is done by legal representatives of
the claimant or the carrier.

The current penalty for dilatory tactics has a relatively limited
reach, as it only applies against the carrier or employer, and the
combined amount is $100. This bill would increase the maximum amount
of the penalty and to whom it can be applied.

Moreover, the list of tactics considered dilatory currently does not
include conduct that would be considered in violation of the Code of
Professional Responsibility. While the Board does not have contempt
power, there should be some consequence for the impact caused by a
violation of the Code of Professional Responsibility. Allowing the
WCLJ to also impose a dilatory tactics penalty will emphasize that
such conduct will not be tolerated, which in turn will help the Board
improve the delivery of effective hearings for all, especially injured
workers.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would take effect immediately.

2017-S6321 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6321
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by Sen. ALCANTARA -- (at request of the Workers Compensation
   Board) -- 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 increasing
   penalties  for  dilatory tactics and broadening application of penalty
   for violations of rules of professional conduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph (c) of subdivision 3 of section 25 of the work-
 ers' compensation law, as amended by chapter 61 of the laws of 1986,  is
 amended to read as follows:
   (c)  The  board  shall  keep  an accurate record of all hearings held.
 Whenever  a  hearing  must  be  continued  or  adjourned   FOR   FURTHER
 PROCEEDINGS because the carrier or employer, OR ITS ATTORNEY OR LICENSED
 REPRESENTATIVE,  OR  CLAIMANT'S  ATTORNEY OR LICENSED REPRESENTATIVE has
 engaged in dilatory tactics or exhibited unjustified lack  of  prepared-
 ness, the board shall impose a penalty of [twenty-five] FIFTY dollars to
 be  paid  BY THE PARTY OR ATTORNEY OR REPRESENTATIVE AGAINST WHICH IT IS
 IMPOSED to the fund created by subdivision two of  section  one  hundred
 fifty-one of this chapter and shall in addition make an award of [seven-
 ty-five]  ONE HUNDRED FIFTY dollars payable to (I) the injured worker or
 his or her dependants WHEN THE PENALTY IS IMPOSED AGAINST  THE  CARRIER,
 EMPLOYER OR ITS ATTORNEY OR LICENSED REPRESENTATIVE; OR (II) TO THE FUND
 CREATED  BY  SUBDIVISION  TWO  OF  SECTION ONE HUNDRED FIFTY-ONE OF THIS
 CHAPTER WHEN THE PENALTY IS IMPOSED AGAINST THE CLAIMANT'S  ATTORNEY  OR
 LICENSED  REPRESENTATIVE.  Dilatory tactics may include but shall not be
 limited to:  failing to subpoena medical witnesses or to secure an order
 to show cause as directed by the referee, failing to bring proper files,
 failing to appear, failing to produce witnesses or documents after  they
 have  been  requested  by  the referee or examiner or as directed by the
 hearing notice, unnecessarily protracting the  production  of  evidence,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10058-01-7

 S. 6321                             2
 
 [or]  engaging  in a pattern of delay which unduly delays resolution, OR
 VIOLATING THE RULES OF PROFESSIONAL  CONDUCT,  except  that  no  penalty
 shall be imposed nor award made under this subdivision if the carrier or
 employer  produces  evidence  sufficient  to  excuse  its conduct to the
 satisfaction of the referee.
   § 2. This act shall take effect immediately.

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Senate Bill S6321

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2017-S6321 (ACTIVE) - Details

2017-S6321 (ACTIVE) - Summary

2017-S6321 (ACTIVE) - Sponsor Memo

2017-S6321 (ACTIVE) - Bill Text download pdf

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2017-S6321 (ACTIVE) - Details

2017-S6321 (ACTIVE) - Summary

2017-S6321 (ACTIVE) - Sponsor Memo

2017-S6321 (ACTIVE) - Bill Text download pdf

Comments