S T A T E   O F   N E W   Y O R K
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                                 10067--A
 
                           I N  A S S E M B L Y
 
                               March 6, 2020
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on  Labor  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the workers' compensation law, in relation to  prohibit-
   ing  cases  from being closed without a hearing or written stipulation
   and requiring a stenographic record  of  all  hearings  held;  and  to
   repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2-b of section 25 of the workers' compensation
 law is REPEALED and subdivision 2-c is renumbered subdivision 2-b.
   § 2.  Paragraphs (b) and (c) of subdivision 3 of  section  25  of  the
 workers' compensation law, as amended by chapter 61 of the laws of 1986,
 are amended to read as follows:
   (b)  Nothing herein shall limit the right of the board in a particular
 case to hold a hearing and  make  an  award  in  accordance  with  other
 provisions  of  this  chapter.  No  case shall be closed AND NO DECISION
 SHALL BE ISSUED without A HEARING UPON notice to all parties  interested
 and without giving to all such parties an opportunity to be heard.
   (c)  The board shall keep an accurate STENOGRAPHIC record of all hear-
 ings held AND PROVIDE THE MINUTES, AT NO COST, TO THE INJURED WORKER AND
 THEIR REPRESENTATIVE IN THE NATIVE LANGUAGE OF THE INJURED WORKER.   ALL
 DECISIONS  SHALL  BE  ISSUED  TO  THE  INJURED  WORKER  IN  THEIR NATIVE
 LANGUAGE.  Whenever a hearing must be continued or adjourned because the
 carrier or employer has engaged in dilatory tactics or exhibited  unjus-
 tified  lack  of preparedness, the board shall impose a penalty of twen-
 ty-five dollars to be paid to the fund created  by  subdivision  two  of
 section one hundred fifty-one of this chapter and shall in addition make
 an award of seventy-five dollars payable to the injured worker or his or
 her  dependants.  Dilatory  tactics may include but shall not be limited
 to:  failing to subpoena medical witnesses or to secure an order to show
 cause as directed by the referee, failing to bring proper files, failing
 to appear, failing to produce witnesses or  documents  after  they  have
 been  requested by the referee or examiner or as directed by the hearing
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15089-03-0

 A. 10067--A                         2
 
 notice, unnecessarily protracting the production of evidence, or  engag-
 ing in a pattern of delay which unduly delays resolution, except that no
 penalty  shall  be  imposed nor award made under this subdivision if the
 carrier  or  employer produces evidence sufficient to excuse its conduct
 to the satisfaction of the referee.
   § 3. This act shall take effect immediately.