NY State Senate Bill 2017-S4337

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to labor
Feb 10, 2017	referred to labor

co-Sponsors

2017-S4337 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §20, Work Comp L

2017-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.

2017-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

many have limited language and literacy proficiency. When an initial
hearing is held, the Workers' Compensation Law Judge ("WCL Judge") is
able to provide an appropriate explanation of rights and benefits to
the injured worker depending on his or her situation. Where
appropriate, the WCL Judge can also suggest that the worker obtain
representation to assist in obtaining benefits. In addition, the
attendance of the injured worker and the employer or insurer at an
initial hearing expedites the accurate resolution of basic issues,
such as the nature of the injury, the worker's pre-accident wage, the
period and extent of disability, and the need for medical treatment.

The Workers' Compensation Board presently holds an initial hearing
only when a claim for benefits is contested. Most other cases are
decided without a hearing by the issuance of a decision prepared by
Board staff after review of the documents in the file. These
non-hearing determinations are issued only in English and do not
adequately communicate information to injured workers about their
rights and benefits. In cases where there is no lost time, the Board
now issues no decision at all. There is broad agreement among
stakeholders that these non-hearing determinations often contain
errors and resolve issues less efficiently than can be done at a
hearing.

Workers' Compensation Law § 20 guarantees the parties to a workers'
compensation case the right to a hearing upon request. Instead, the
Workers' Compensation Board presently responds to most hearing
requests with written communications from its staff or with the
issuance of non-hearing decisions. In order to obtain a hearing,
stakeholders must often file repeated requests and wait for a
prolonged period of time.

In order to resolve these issues, this bill directs the Workers'
Compensation Board to schedule an initial hearing promptly after being
notified of a work-related injury, and further directs it to schedule
hearings promptly upon the request of a party. This will ensure that
the concerns of injured workers and employers are addressed in a
prompt and efficient manner, while reducing unnecessary paperwork and
process.

 PRIOR LEGISLATIVE HISTORY :
None

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect 180 days following its enactment into law.

2017-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.

                                                            LBD09881-01-7

 S. 4337                             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.

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Senate Bill S4337

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

2017-S4337 (ACTIVE) - Details

2017-S4337 (ACTIVE) - Summary

2017-S4337 (ACTIVE) - Sponsor Memo

2017-S4337 (ACTIVE) - Bill Text download pdf

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Sponsored By

Marisol Alcantara

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

Rich Funke

James Sanders Jr.

Luis R. Sepúlveda

2017-S4337 (ACTIVE) - Details

2017-S4337 (ACTIVE) - Summary

2017-S4337 (ACTIVE) - Sponsor Memo

2017-S4337 (ACTIVE) - Bill Text download pdf

Comments