|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 03, 2018||referred to labor|
|Feb 10, 2017||referred to labor|
senate Bill S4337
Archive: Last Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4337 (ACTIVE) - Details
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §20, Work Comp L
S4337 (ACTIVE) - Summary
Relates to hearings for determination of claims for compensation; requires the court to order a hearing within forty-five days after the filing of a claim by an injured employee, and to thereafter order a hearing within forty-five days of receipt of an application by either party.
S4337 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4337 TITLE OF BILL : An act to amend the workers' compensation law, in relation to hearings for determination of claims for compensation PURPOSE OR GENERAL IDEA OF BILL : This bill provides for a claimant right to a hearing within forty-five days from the filing of a claim. SUMMARY OF SPECIFIC PROVISIONS : Section one of the bill amends § 20 of the workers' compensation law to require that a claimant be granted a hearing before a workers' compensation law judge within forty-five days of filing a claim JUSTIFICATION : Historically, the Workers' Compensation Board created a file ("indexed" the claim) when it received a document from any source (the injured worker, the employer, or a health care provider) indicating that there had been a work-related injury. The Board would then schedule an initial hearing in every case. There are many benefits to holding an initial hearing. Few injured workers have adequate knowledge about their right to benefits, and
S4337 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4337 2017-2018 Regular Sessions I N S E N A T E February 10, 2017 ___________ Introduced by Sen. ALCANTARA -- 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 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.
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