senate Bill S946B

2021-2022 Legislative Session

Relates to attorney's fees

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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2021 returned to senate
passed assembly
Jun 08, 2021 ordered to third reading rules cal.525
substituted for a1034b
Jun 03, 2021 referred to ways and means
delivered to assembly
passed senate
Jun 02, 2021 ordered to third reading cal.1434
committee discharged and committed to rules
May 18, 2021 print number 946b
May 18, 2021 amend and recommit to labor
May 13, 2021 print number 946a
May 13, 2021 amend and recommit to labor
Jan 06, 2021 referred to labor

Co-Sponsors

S946 - Details

See Assembly Version of this Bill:
A1034
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §24, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8606
2019-2020: S8653, A668

S946 - Summary

Relates to attorney's fees.

S946 - Sponsor Memo

S946 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    946
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

S946A - Details

See Assembly Version of this Bill:
A1034
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §24, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8606
2019-2020: S8653, A668

S946A - Summary

Relates to attorney's fees.

S946A - Sponsor Memo

S946A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  946--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee

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

Co-Sponsors

S946B (ACTIVE) - Details

See Assembly Version of this Bill:
A1034
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §24, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8606
2019-2020: S8653, A668

S946B (ACTIVE) - Summary

Relates to attorney's fees.

S946B (ACTIVE) - Sponsor Memo

S946B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  946--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. GAUGHRAN, COMRIE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to  said  committee  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 AND THE AMOUNT OF COMPENSATION AWARDED, HAVING DUE REGARD FOR THE FINAN-
 CIAL 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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