Assembly Bill A8988A

2023-2024 Legislative Session

Provides that either party to a workers compensation claim can request a hearing

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2023-A8988 - Details

See Senate Version of this Bill:
S8445
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§20 & 25, Work Comp L

2023-A8988 - Summary

Provides that either party to a workers compensation claim can request a hearing; requires a record of all hearings held.

2023-A8988 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8988
 
                           I N  A S S E M B L Y
 
                             January 31, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the  workers'  compensation  law,  in  relation  to  the
   parties'  rights to a hearing upon application to the workers' compen-
   sation board and requiring a stenographic record of all hearings held
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1,  2  and  3 of section 20 of the workers'
 compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
 vision 1 is added to read as follows:
   1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY
 UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED
 BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS.
   § 2.  Subdivision  2 of section 20 of the workers'  compensation  law,
 as added by chapter 635 of the laws of 1996 and as renumbered by section
 one of this act, is amended to read as follows:
   2.  [At any time after the expiration of the first seven days of disa-
 bility on the part of an injured employee, or  at  any  time  after  the
 employee's  death,  a  claim  for  compensation  may be presented to the
 employer or to the chair. The] WITHIN  SIXTY  DAYS  AFTER  A  CLAIM  FOR
 COMPENSATION  HAS  BEEN INDEXED, THE board shall HOLD AN INITIAL HEARING
 FOR EACH CLAIM AND SHALL have full power and authority to determine  all
 questions  in  relation  to  the  payment  of claims presented to it for
 compensation under the provisions of this chapter. The  chair  or  board
 shall THEREAFTER make or cause to be made such investigation as it deems
 necessary,  and  upon application of either party OR AN ATTORNEY REPRES-
 ENTING EITHER PARTY, shall order a hearing  BEFORE  A  REFEREE  TO  TAKE
 PLACE  WITHIN  FORTY-FIVE  CALENDAR  DAYS OF THE APPLICATION FROM EITHER
 PARTY, and within thirty days after a claim for compensation is  submit-
 ted  under  this  section, or such hearing closed, shall make or deny an
 award, determining such claim for compensation, and file the same in the
 office of the chair.  NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN
 ATTORNEY PURSUANT TO THIS  SECTION  SHALL  BE  SUBJECT  TO  LIMITATIONS,
 PREREQUISITES, OR PENALTIES IMPOSED BY THE BOARD. Immediately after such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-A8988A (ACTIVE) - Details

See Senate Version of this Bill:
S8445
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§20 & 25, Work Comp L

2023-A8988A (ACTIVE) - Summary

Provides that either party to a workers compensation claim can request a hearing; requires a record of all hearings held.

2023-A8988A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8988--A
 
                           I N  A S S E M B L Y
 
                             January 31, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor -- committee discharged, bill amended, ordered  reprinted
   as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  workers'  compensation  law, in relation to the
   parties' rights to a hearing upon application to the workers'  compen-
   sation board and requiring a record of all hearings held

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2 and 3  of  section  20  of  the  workers'
 compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
 vision 1 is added to read as follows:
   1. THE BOARD SHALL INDEX A CLAIM FOR WORKERS' COMPENSATION IMMEDIATELY
 UPON THE RECEIPT OF A MEDICAL REPORT IN ADDITION TO EITHER A CLAIM FILED
 BY THE INJURED WORKER OR AN EMPLOYER'S REPORT OF INJURY OR ILLNESS.
   §  2.   Subdivision  2 of section 20 of the workers' compensation law,
 as added by chapter 635 of the laws of 1996 and as renumbered by section
 one of this act, is amended to read as follows:
   2. [At any time after the expiration of the first seven days of  disa-
 bility  on  the  part  of  an injured employee, or at any time after the
 employee's death, a claim for  compensation  may  be  presented  to  the
 employer  or  to  the  chair.  The]  WITHIN SIXTY DAYS AFTER A CLAIM FOR
 COMPENSATION HAS BEEN INDEXED, THE board shall HOLD AN  INITIAL  HEARING
 FOR  EACH  CLAIM  IN WHICH THE INJURED WORKER ASSERTS LOST WAGES OR LOST
 TIME DUE TO INJURY AND SHALL have full power and authority to  determine
 all  questions  in relation to the payment of claims presented to it for
 compensation under the provisions of this chapter. The  chair  or  board
 shall THEREAFTER make or cause to be made such investigation as it deems
 necessary,  and  upon application of either party OR AN ATTORNEY REPRES-
 ENTING EITHER PARTY, shall order a hearing  BEFORE  A  REFEREE  TO  TAKE
 PLACE  WITHIN  FORTY-FIVE  CALENDAR  DAYS OF THE APPLICATION FROM EITHER
 PARTY, and within thirty days after a claim for compensation is  submit-
 ted  under  this  section, or such hearing closed, shall make or deny an
 award, determining such claim for compensation, and file the same in the
 office of the chair.  NO APPLICATION FOR A HEARING MADE BY A PARTY OR AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.