Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Dec 30, 2022 | signed chap.835 |
Dec 19, 2022 | delivered to governor |
Jun 03, 2022 | returned to senate passed assembly ordered to third reading rules cal.747 substituted for a10349 |
Jun 02, 2022 | referred to labor delivered to assembly passed senate ordered to third reading cal.1914 committee discharged and committed to rules |
May 11, 2022 | referred to labor |
senate Bill S9149
Signed By GovernorSponsored By
Andrew Gounardes
(D) 26th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
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S9149 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10349
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Add §118-a, amd §11, Work Comp L
S9149 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9149 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the workers' compensation law, in relation to enacting the justice for injured workers act PURPOSE OR GENERAL IDEA OF BILL: To correct recent court decisions that granted preclusive effect to decisions of the Workers' Compensation Board (WCB), barring injured workers from seeking justice through the courts because of an adminis- trative decision of the WCB. SUMMARY OF PROVISIONS: Section one of the bill provides the title of the Justice for Injured Workers Act. Section two of the bill adds a new section 118-a to the Workers' Compen- sation Law that would bar a court or other forum from granting preclu-
S9149 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9149 I N S E N A T E May 11, 2022 ___________ Introduced by Sen. GOUNARDES -- 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 enacting the justice for injured workers act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known as the "justice for injured workers act". § 2. The workers' compensation law is amended by adding a new section 118-a to read as follows: § 118-A. EFFECT OF FINDINGS AND DETERMINATIONS IN SUBSEQUENT PROCEEDINGS. WITH RESPECT TO AN ACTION FOR A WORKERS' COMPENSATION CLAIM PERMISSIBLE UNDER THIS CHAPTER, NO FINDING OR DECISION BY THE WORKERS' COMPENSATION BOARD, JUDGE OR OTHER ARBITER SHALL BE GIVEN COLLATERAL ESTOPPEL EFFECT IN ANY OTHER ACTION OR PROCEEDING ARISING OUT OF THE SAME OCCURRENCE, OTHER THAN THE DETERMINATION OF THE EXISTENCE OF AN EMPLOYER EMPLOYEE RELATIONSHIP. § 3. Section 11 of the workers' compensation law, as amended by chap- ter 635 of the laws of 1996, the opening paragraph as amended by section 8 of part SS of chapter 59 of the laws of 2017, the fifth undesignated paragraph as added by chapter 49 of the laws of 1999 and the closing paragraph as added by chapter 392 of the laws of 2008, is amended to read as follows: § 11. Alternative remedy. 1. The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee, his or her personal repre- sentatives, spouse, parents, dependents, distributees, or any person otherwise entitled to recover damages, contribution or indemnity, at common law or otherwise, on account of such injury or death or liability arising therefrom, except that if an employer fails to secure the payment of compensation for his or her injured employees and their dependents as provided in section fifty of this chapter, an injured employee, or his or her legal representative in case of death results from the injury, may, at his or her option, elect to claim compensation EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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