Assembly Bill A9900

2019-2020 Legislative Session

Relates to providing for an initial hearing in every case for a claim of compensation

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A9900 (ACTIVE) - Details

See Senate Version of this Bill:
S7850
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §20, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: A3671, S845
2023-2024: A691, S98

2019-A9900 (ACTIVE) - Summary

Provides for an initial hearing in every case for a claim of compensation.

2019-A9900 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9900
 
                           I N  A S S E M B L Y
 
                             February 25, 2020
                                ___________
 
 Introduced by M. of A. HUNTER -- read once and referred to the Committee
   on Labor
 
 AN  ACT to amend the workers' compensation law, in relation to providing
   for an initial hearing in every case for a claim of 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 INJURY OF THE 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 HOLD  AN  INITIAL  HEARING
 FOR  EACH CLAIM AND 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, and  within
 thirty  days  after  a  claim  for  compensation is submitted under this
 section, or such hearing closed, shall make or deny an award,  determin-
 ing  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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