assembly Bill A10349

Signed By Governor
2021-2022 Legislative Session

Relates to limiting the effect of determinations by the board of workers' compensation

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S9149 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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 03, 2022 substituted by s9149
rules report cal.747
reported
Jun 02, 2022 reported referred to rules
reference changed to ways and means
May 13, 2022 referred to labor

Co-Sponsors

A10349 (ACTIVE) - Details

See Senate Version of this Bill:
S9149
Law Section:
Workers' Compensation Law
Laws Affected:
Add §118-a, amd §11, Work Comp L

A10349 (ACTIVE) - Summary

Provides that determinations by the workers' compensation board shall not 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.

A10349 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10349
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Joyner) --
   read once and referred 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.