senate Bill S4337

2017-2018 Legislative Session

Relates to hearings for determination of claims for compensation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to labor
Feb 10, 2017 referred to labor

Co-Sponsors

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

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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.