senate Bill S7762

Signed By Governor
2021-2022 Legislative Session

Relates to applications for attorney's fees in workers' compensation claims

download bill text pdf

Sponsored By

Current Bill Status Via A8708 - 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 (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 24, 2022 signed chap.27
delivered to governor
Jan 26, 2022 returned to assembly
passed senate
3rd reading cal.136
substituted for s7762
Jan 26, 2022 substituted by a8708
Jan 18, 2022 ordered to third reading cal.136
Jan 11, 2022 referred to rules

S7762 (ACTIVE) - Details

See Assembly Version of this Bill:
A8708
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §24, Work Comp L; amd §2, Chap of 2021 (as proposed in S.946-B & A.1034-B)

S7762 (ACTIVE) - Summary

Requires written applications for attorney's fees in workers' compensation claims over $1,000; requires a description of the services claimed and the calculation used to determine the fees; amends effective date to take effect January 1, 2023.

S7762 (ACTIVE) - Sponsor Memo

S7762 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7762
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 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 claims for
   attorney's fees; and to amend a chapter of the laws of  2021  amending
   the workers' compensation law relating to attorney's fees, as proposed
   in  legislative  bills  numbers S. 946-B and A. 1034-B, in relation to
   the effectiveness thereof
 
   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
 a chapter of the laws of 2021 amending  the  workers'  compensation  law
 relating  to  attorney's  fees  as proposed in legislative bills numbers
 S. 946-B and A. 1034-B, 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 article, shall not be enforceable
 unless approved by the board.   A WRITTEN  FEE  APPLICATION  ON  A  FORM
 PRESCRIBED  BY  THE BOARD SHALL BE FILED FOR ALL LEGAL FEES IN EXCESS OF
 ONE THOUSAND DOLLARS ($1,000.00.)  IN THE FEE APPLICATION  THE  ATTORNEY
 SHALL  SET  FORTH  THE CALCULATION USED TO DETERMINE THE FEE AND CERTIFY
 THAT THE AMOUNT IS IN ACCORDANCE WITH THE FOLLOWING PROVISIONS. THE FORM
 PRESCRIBED BY THE BOARD SHALL NOT REQUIRE A DESCRIPTION OF THE  SERVICES
 RENDERED  OR  TIME RECORDS IN CONJUNCTION WITH SUCH WRITTEN APPLICATION.
 THE ATTORNEY SHALL SET FORTH ON THE  RECORD  THE  SAME  CALCULATION  AND
 CERTIFICATION  IN  ALL  ORAL  FEE  APPLICATIONS  OF ONE THOUSAND DOLLARS
 ($1,000.00) OR LESS. The board shall approve such WRITTEN AND  SUBMITTED
 FEE application in an amount commensurate with the services rendered and
 the  amount of compensation awarded, having due regard for the financial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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