NY State Senate Bill 2017-S4839A

Senate Bill S4839A

2017-2018 Legislative Session

Requires reporting by the workers' compensation board and appointments to the advisory board

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules 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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Jun 11, 2018	amended on third reading (t) 4839a
May 31, 2018	advanced to third reading
May 30, 2018	2nd report cal.
May 22, 2018	1st report cal.1315
Jan 03, 2018	referred to labor
Mar 02, 2017	referred to labor

Votes

- May 22, 2018 - Labor Committee Vote
  S4839A
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 22, 2018
      
      aye (14)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Dilan
      
      Gallivan
      
      Hannon
      
      Marcellino
      
      Murphy
      
      Ortt
      
      Parker
      
      Ritchie
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      aye wr (1)
      
      Rivera

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4839 - Details

Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §35, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: S543

2017-S4839 - Summary

Requires reporting by the workers' compensation board and appointments to the advisory board.

2017-S4839 - Sponsor Memo

                                 BILL NUMBER:  S4839

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to reporting by the workers' compensation board and
appointments to the advisory board

 SUMMARY OF PROVISIONS :

This legislation would transfer responsibility of generating and
promulgating the "Safety Net Report", which is an annual report
chronicling workers' compensation claimants who have been awarded
Permanent Partial Disability (PPD) Non-Scheduled Loss (NSL) status,
from the Department of Labor to the WCB.

An advisory board shall assist the WCB in generating the Safety Net
Report. The advisory board shall consist of seven members: a
representative from organized labor; a representative of the business
community; one member on recommendation by the majority leader of the
senate; one member on recommendation of the speaker of the assembly;
two members at the governor's discretion, and; the commissioner of the
department of labor.

Further, this legislation requires that the Safety Net Report be
submitted on March 9, 2017, and every year thereafter, to the
governor, speaker of the assembly, majority leader of the senate and
the chairs of the labor, ways and means and finance committees of the

senate and assembly.

 REASONS FOR SUPPORT :

Section 35 of the Workers' Compensation Law (WCL) was amended in 2007
to create 'Safety Net and Return to Work' provisions. Section 35
required the commissioner of labor to release an annual report
detailing return to work rates for PPD NSL claimants. The Commissioner
of Labor (Commissioner) has been tasked with the responsibility of
issuing the Safety Net Report.

Astonishingly, the Commissioner has not released a Safety Net Report
since 2010 despite the statutory mandate.

One of the central tenants of workers' compensation is to assist in
facilitating an injured workers' return to gainful employment.
Without the Safety Net Report, it is nearly impossible to assess
whether the current system is achieving its goals relative to injured
workers and if not, how future legislation could target critical
deficiencies. The Commissioner's failure to comply with a legislative
mandate is plainly unacceptable, and serves as an impediment to
meaningful workers compensation reform.

 FISCAL IMPACT :

TBD

 EFFECTIVE DATE :
Immediately

2017-S4839 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4839
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2017
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- 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  reporting
   by  the  workers'  compensation board and appointments to the advisory
   board

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 1 and 4 of section 35 of the workers' compen-
 sation  law,  as  added by chapter 6 of the laws of 2007 and the opening
 paragraph of subdivision 4 as further amended by section 104 of  part  A
 of  chapter  62 of the laws of 2011, are amended and a new subdivision 5
 is added to read as follows:
   1. Return to work. (a)  The  [commissioner  of  labor  will]  WORKERS'
 COMPENSATION  BOARD SHALL issue a report to the governor, the speaker of
 the assembly, the majority leader of the senate, and the chairs  of  the
 labor,  ways and means and finance committees of the assembly and senate
 on or before December first,  two  thousand  [seven]  SEVENTEEN,  making
 recommendations  as  to  how  to  assure that workers categorized by the
 board as permanently partially disabled return to gainful employment  to
 the  greatest  extent  practicable.  [Such  commissioner] THE BOARD will
 consider administrative and  legislative  remedies,  and  shall  include
 estimates  of  cost  in the report.  The report shall examine best prac-
 tices and the laws of other  jurisdictions,  as  well  as  any  relevant
 programs authorized by New York law. The report shall additionally exam-
 ine  return  to  work  practices  as  implemented by carriers, the state
 insurance fund, employers, and the board.  It  shall  also  examine  the
 relationship of vocational rehabilitation to ultimate return to work.
   (b) The [commissioner of labor will] WORKERS' COMPENSATION BOARD SHALL
 be  assisted  by  an advisory council constituted of [six] SEVEN persons
 appointed by the governor as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10370-02-7

 S. 4839                             2
 
   (i) a representative of organized labor appointed upon  recommendation
 of  the  New  York State American Federation of Labor-Congress of Indus-
 trial Organizations;
   (ii)  a representative of the business community appointed upon recom-
 mendation of the Business Council of New York State, Incorporated;
   (iii) one person upon recommendation of the  majority  leader  of  the
 senate;
   (iv)  one  person  upon recommendation of the speaker of the assembly;
 [and]
   (v) two other persons in the governor's discretion[.]; AND
   (VI) THE COMMISSIONER OF LABOR OR HIS OR HER DESIGNEE.
   4. Annual safety net reporting. The [commissioner of  labor]  WORKERS'
 COMPENSATION  BOARD, in conjunction with the [board] DEPARTMENT OF LABOR
 and the superintendent of financial services, shall track all  claimants
 who  have  been  awarded  permanent partial disability status and report
 annually on [December first] MARCH  NINTH,  beginning  in  two  thousand
 [eight]  SEVENTEEN,  to  the  governor, the speaker of the assembly, the
 majority leader of the senate, and the chairs of  the  labor,  ways  and
 means and finance committees of the assembly and senate:
   (i) The number of said claimants who have:
   (1) returned to gainful employment;
   (2) been recategorized as being totally industrially disabled;
   (3) remain subject to duration limitations set forth in paragraph w of
 subdivision three of section fifteen of this article; and
   (4) not returned to work, and whose indemnity payments have expired.
   (ii)  The  additional  steps the [commissioner] BOARD contemplates are
 necessary to minimize the number of workers who have neither returned to
 work nor been recategorized from permanent partial disability.
   5. FAILURE TO FILE. FAILURE TO FILE THE REPORT REQUIRED BY SUBDIVISION
 FOUR OF THIS SECTION SHALL REQUIRE THE CHAIR  AND  THE  COMMISSIONER  OF
 LABOR  TO  APPEAR BEFORE THE SENATE AND ASSEMBLY COMMITTEES ON LABOR, AT
 SUCH COMMITTEE CHAIR'S CONVENIENCE, TO PROVIDE INFORMATION  REQUIRED  BY
 SUBDIVISION FOUR OF THIS SECTION.
   § 2. This act shall take effect immediately.

co-Sponsors

2017-S4839A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §35, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:: S543

2017-S4839A (ACTIVE) - Summary

Requires reporting by the workers' compensation board and appointments to the advisory board.

2017-S4839A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4839A

SPONSOR: AKSHAR
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to reporting by the workers' compensation board and appoint-
ments to the advisory board; and providing for the repeal of such
provisions upon expiration thereof

 
SUMMARY OF PROVISIONS:

This legislation would transfer responsibility of generating and promul-
gating the "Safety Net Report", which is an annual report chronicling
workers' compensation claimants who have been awarded Permanent Partial
Disability (PPD) Non-Scheduled Loss (NSL) status, from the Department of
Labor to the WCB.

An advisory board shall assist the WCB in generating the Safety Net
Report. The advisory board shall consist of seven members: a represen-
tative from organized labor; a representative of the business community;
one member on recommendation by the majority leader of the senate; one
member on recommendation of the speaker of the assembly; two members at
the governor's discretion, and; the commissioner of the department of

labor.

Further, this legislation requires that the Safety Net Report be submit-
ted annually in December, to the governor, speaker of the assembly,
majority leader of the senate and the chairs of the labor, ways and
means and finance committees of the senate and assembly.

 
REASONS FOR SUPPORT:

Section 35 of the Workers' Compensation Law (WCL) was amended in 2007 to
create 'Safety Net and Return to Work' provisions. Section 35 required
the commissioner of labor to release an annual report detailing return
to work rates for PPD NSL claimants. The Commissioner of Labor (Commis-
sioner) has been tasked with the responsibility of issuing the Safety
Net Report.

The Commissioner has not released a Safety Net Report since 2010 despite
the statutory mandate.

One of the central tenants of workers' compensation is to assist in
facilitating an injured workers' return to gainful employment.  Without
the Safety Net Report, it is nearly impossible to assess whether the
current system is achieving its goals relative to injured workers and if
not, how future legislation could target critical deficiencies. The
Commissioner's failure to comply with a legislative mandate is plainly
unacceptable, and serves as an impediment to meaningful workers compen-
sation reform.

 
FISCAL IMPACT:

TBD

2017-S4839A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4839--A
     Cal. No. 1315
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2017
                                ___________
 
 Introduced by Sens. AKSHAR, FUNKE -- read twice and ordered printed, and
   when  printed to be committed to the Committee on Labor -- recommitted
   to the Committee on Labor in accordance with Senate Rule 6, sec. 8  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 AN  ACT to amend the workers' compensation law, in relation to reporting
   by the workers' compensation board and appointments  to  the  advisory
   board; and providing for the repeal of such provisions upon expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 1 and 4 of section 35 of the workers' compen-
 sation law, subdivision 1 as added by chapter 6 of the laws of 2007  and
 subdivision  4 as amended by section 2 of subpart A of part NNN of chap-
 ter 59 of the laws of 2017, are amended and a new subdivision 5 is added
 to read as follows:
   1. Return to work. (a) The [commissioner of labor  will]  BOARD  SHALL
 issue  a  report  ANNUALLY  IN  THE  MONTH OF MARCH to the governor, the
 speaker of the assembly, the majority leader  of  the  senate,  and  the
 chairs of the labor, ways and means and finance committees of the assem-
 bly and senate [on or before December first, two thousand seven], making
 recommendations  as  to  how  to  assure that workers categorized by the
 board as permanently partially disabled return to gainful employment  to
 the  greatest  extent  practicable.  [Such  commissioner] THE BOARD will
 consider administrative and  legislative  remedies,  and  shall  include
 estimates  of  cost  in the report.  The report shall examine best prac-
 tices and the laws of other  jurisdictions,  as  well  as  any  relevant
 programs authorized by New York law. The report shall additionally exam-
 ine  return  to  work  practices  as  implemented by carriers, the state
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10370-03-8

 S. 4839--A                          2
 
 insurance fund, employers, and the board.  It  shall  also  examine  the
 relationship of vocational rehabilitation to ultimate return to work.
   (b)  The  [commissioner  of  labor will] BOARD SHALL be assisted by an
 advisory council constituted of [six] SEVEN  persons  appointed  by  the
 governor as follows:
   (i)  a representative of organized labor appointed upon recommendation
 of the New York State American Federation of  Labor-Congress  of  Indus-
 trial Organizations;
   (ii)  a representative of the business community appointed upon recom-
 mendation of the Business Council of New York State, Incorporated;
   (iii) one person upon recommendation of the  majority  leader  of  the
 senate;
   (iv)  one  person  upon recommendation of the speaker of the assembly;
 [and]
   (v) two other persons in the governor's discretion[.]; AND
   (VI) THE COMMISSIONER OF LABOR OR HIS OR HER DESIGNEE.
   4. Annual safety net reporting. The board,  in  conjunction  with  the
 commissioner  of  labor  and  the  superintendent of financial services,
 shall track all claimants who have been awarded permanent partial  disa-
 bility  status and report annually [on] IN THE MONTH OF December [first,
 beginning in two thousand eight], to the governor, the  speaker  of  the
 assembly,  the  majority  leader  of  the  senate, and the chairs of the
 labor, ways and means and finance committees of the assembly and senate:
   (i) The number of said claimants who have:
   (1) returned to gainful employment;
   (2) been recategorized as being totally industrially disabled;
   (3) remain subject to duration limitations set forth in paragraph w of
 subdivision three of section fifteen of this article; and
   (4) not returned to work, and whose indemnity payments have expired.
   (ii) The additional steps the [commissioner]  BOARD  contemplates  are
 necessary to minimize the number of workers who have neither returned to
 work nor been recategorized from permanent partial disability.
   5. FAILURE TO FILE. FAILURE TO FILE THE REPORT REQUIRED BY SUBDIVISION
 FOUR  OF  THIS  SECTION  SHALL REQUIRE THE CHAIR AND THE COMMISSIONER OF
 LABOR TO APPEAR BEFORE THE SENATE AND ASSEMBLY COMMITTEES ON  LABOR,  AT
 SUCH  COMMITTEE  CHAIR'S CONVENIENCE, TO PROVIDE INFORMATION REQUIRED BY
 SUBDIVISION FOUR OF THIS SECTION.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed five years after such date.

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Senate Bill S4839A

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Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Rich Funke

2017-S4839 - Details

2017-S4839 - Summary

2017-S4839 - Sponsor Memo

2017-S4839 - Bill Text download pdf

co-Sponsors

Rich Funke

2017-S4839A (ACTIVE) - Details

2017-S4839A (ACTIVE) - Summary

2017-S4839A (ACTIVE) - Sponsor Memo

2017-S4839A (ACTIVE) - Bill Text download pdf

Comments