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 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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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

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.
              

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