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Assembly Bill A8957

2023-2024 Legislative Session

Provides that certain communications between a claimant's attorney or representative and an injured employee's treating provider or a claimant's medical consultant are not improper influence

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Archive: Last Bill Status - In Assembly Committee

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2023-A8957 (ACTIVE) - Details

See Senate Version of this Bill:
S8323
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §13-a, Work Comp L
Versions Introduced in 2025-2026 Legislative Session:
A5315, S4518

2023-A8957 (ACTIVE) - Summary

Provides that certain communications between a claimant's attorney or representative and an injured employee's treating provider or a claimant's medical consultant are not improper influence or an attempt to improperly influence.

2023-A8957 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8957
 
                           I N  A S S E M B L Y
 
                             January 30, 2024
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation  to  communi-
   cations between a claimant's attorney or representative and an injured
   employee's treating provider or a claimant's medical consultant
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 6 of section 13-a of the work-
 ers' compensation law, as amended by section 8 of part CC of chapter  55
 of the laws of 2019, is amended to read as follows:
   (a)  Any  interference  by any person with the selection by an injured
 employee of an authorized  physician  to  treat  him,  except  when  the
 selection  is  made  pursuant  to article ten-A of this chapter, and the
 improper influencing or attempt by any person  improperly  to  influence
 the  medical  opinion  of  any  physician who has treated or examined an
 injured employee, shall be a misdemeanor;  provided,  however,  that  it
 shall not constitute interference or improper influence if, in the pres-
 ence  of  such injured employee's physician, an employer, his carrier or
 agent should recommend or provide information concerning  rehabilitation
 services or the availability thereof to an injured employee or his fami-
 ly.  IT SHALL NOT CONSTITUTE IMPROPER INFLUENCE OR AN ATTEMPT TO IMPROP-
 ERLY  INFLUENCE IF A CLAIMANT'S ATTORNEY OR REPRESENTATIVE COMMUNICATES,
 VERBALLY OR IN WRITING, WITH AN INJURED EMPLOYEE'S TREATING PROVIDER  OR
 A CLAIMANT'S MEDICAL CONSULTANT. SUCH COMMUNICATION SHALL NOT SERVE AS A
 BASIS  TO  DIMINISH  OR PRECLUDE THE OPINION OF THE TREATING PROVIDER OR
 CLAIMANT'S CONSULTANT. IT SHALL NOT BE PRESUMED THAT A CLAIMANT'S ATTOR-
 NEY OR REPRESENTATIVE'S COMMUNICATION WITH THE INJURED EMPLOYEE'S TREAT-
 ING PROVIDER OR CLAIMANT'S MEDICAL CONSULTANT WAS AN ATTEMPT TO  IMPROP-
 ERLY INFLUENCE THE TREATING PROVIDER OR MEDICAL CONSULTANT.
   § 2.  This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13516-01-3

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