NY State Senate Bill 2019-S543

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to labor
Jan 09, 2019	referred to labor

co-Sponsors

2019-S543 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §35, Work Comp L
Versions Introduced in 2017-2018 Legislative Session:: S4839

2019-S543 (ACTIVE) - Summary

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

2019-S543 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S543

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:

To be determined.

2019-S543 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    543
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. AKSHAR, FUNKE -- 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; 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
 insurance fund, employers, and the board.  It  shall  also  examine  the
 relationship of vocational rehabilitation to ultimate return to work.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05566-01-9

 S. 543                              2
 
   (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 S543

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

2019-S543 (ACTIVE) - Details

2019-S543 (ACTIVE) - Summary

2019-S543 (ACTIVE) - Sponsor Memo

2019-S543 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S543

Share this bill

Sponsored By

Fred Akshar

Archive: Last Bill Status - In Senate Committee Labor Committee

co-Sponsors

Rich Funke

2019-S543 (ACTIVE) - Details

2019-S543 (ACTIVE) - Summary

2019-S543 (ACTIVE) - Sponsor Memo

2019-S543 (ACTIVE) - Bill Text download pdf

Comments