assembly Bill A668

2019-2020 Legislative Session

Relates to attorney's fees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to labor
Jan 09, 2019 referred to labor

Co-Sponsors

A668 (ACTIVE) - Details

See Senate Version of this Bill:
S8653
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §24, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8606
2021-2022: A1034, S946

A668 (ACTIVE) - Summary

Relates to attorney's fees.

A668 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    668
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to attorney's
   fees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 24 of the workers' compensation law, as amended by
 chapter 494 of the laws of 1950, is amended to read as follows:
   § 24. Costs and fees. 1. If the court before which any proceedings for
 compensation or concerning an award of compensation have  been  brought,
 under  this  chapter,  determine  that such proceedings have not been so
 brought upon  reasonable  ground,  it  shall  assess  the  cost  of  the
 proceedings upon the party who has so brought them.
   2.  Claims  of  attorneys  and counselors-at-law for legal services in
 connection with any claim arising under this  chapter,  and  claims  for
 services  or treatment rendered or supplies furnished pursuant to subdi-
 vision (b) of section thirteen of this [chapter] ARTICLE, shall  not  be
 enforceable  unless  approved by the board. [If] THE BOARD SHALL APPROVE
 SUCH APPLICATION IN AN AMOUNT COMMENSURATE WITH THE  SERVICES  RENDERED,
 WHETHER  THE  ATTORNEY  OR  LICENSED  REPRESENTATIVE ENGAGED IN DILATORY
 TACTICS OR FAILED TO COMPLY IN A TIMELY MANNER WITH BOARD RULES AND  THE
 AMOUNT  OF  COMPENSATION  AWARDED,  HAVING  DUE REGARD FOR THE FINANCIAL
 STATE OF THE CLAIMANT IN ACCORDANCE WITH EACH  APPLICABLE  PROVISION  OF
 THE FOLLOWING SCHEDULE:
   (A) WHEN AN AWARD IS MADE DIRECTING THE CONTINUATION OF WEEKLY COMPEN-
 SATION  BENEFITS  FOR  TEMPORARY TOTAL OR PARTIAL DISABILITY, THE ATTOR-
 NEY'S FEE SHALL BE ONE-THIRD OF ONE WEEK'S COMPENSATION.
   (B) WHEN AN AWARD IS MADE THAT INCREASES THE  AMOUNT  OF  COMPENSATION
 AWARDED  OR  PAID FOR A PREVIOUS PERIOD OR PERIODS OF TEMPORARY TOTAL OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.