Senate Bill S8445A

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 Senate Committee Finance 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

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Bill Amendments

2023-S8445 - Details

See Assembly Version of this Bill:
A8988
Current Committee:
Senate Finance
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§20 & 25, Work Comp L

2023-S8445 - Summary

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

2023-S8445 - Sponsor Memo

2023-S8445 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8445
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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.  Subdivision  1 of section 20 of the workers' compensation
 law, as amended by chapter 635 of the laws of 1996, is amended  to  read
 as follows:
   1.  [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
 filing the chair shall send to the parties a copy of the decision.  Upon
 a hearing pursuant to this section either party may present evidence and
 be  represented by counsel.  The decision of the board shall be final as
 to all questions of fact, and, except as  provided  in  section  twenty-
 three  of  this article, as to all questions of law.  Except as provided
 in section twenty-seven of this article, all awards of the  board  shall
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S8445A (ACTIVE) - Details

See Assembly Version of this Bill:
A8988
Current Committee:
Senate Finance
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§20 & 25, Work Comp L

2023-S8445A (ACTIVE) - Summary

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

2023-S8445A (ACTIVE) - Sponsor Memo

2023-S8445A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8445--A
 
                             I N  S E N A T E
 
                             January 30, 2024
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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