senate Bill S8653

2019-2020 Legislative Session

Relates to attorney's fees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 01, 2020 referred to rules

S8653 (ACTIVE) - Details

See Assembly Version of this Bill:
A668
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §24, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8606
2021-2022: S946, A1034

S8653 (ACTIVE) - Summary

Relates to attorney's fees.

S8653 (ACTIVE) - Sponsor Memo

S8653 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8653

                            I N  S E N A T E

                              July 1, 2020
                               ___________

Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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
PARTIAL DISABILITY, THE ATTORNEY'S FEE SHALL BE FIFTEEN PERCENT  OF  THE
INCREASED COMPENSATION.
  (C) WHEN AN AWARD IS MADE FOR SCHEDULE LOSS OF USE OR PERMANENT FACIAL
DISFIGUREMENT PURSUANT TO PARAGRAPHS A THROUGH T OF SUBDIVISION THREE OF
SECTION  FIFTEEN  OF  THIS  ARTICLE, THE ATTORNEY'S FEE SHALL BE FIFTEEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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