senate Bill S9149

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

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) - 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.

S9149 (ACTIVE) - Sponsor Memo

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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