Bill Text: NY A06589 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to hearings for determination of claims for compensation; requires the court to order a hearing within forty-five days after the filing of a claim by an injured employee, and to thereafter order a hearing within forty-five days of receipt of an application by either party.

Spectrum: Partisan Bill (Democrat 24-1)

Status: (Introduced - Dead) 2018-04-30 - enacting clause stricken [A06589 Detail]

Download: New_York-2017-A06589-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6589
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 9, 2017
                                       ___________
        Introduced  by M. of A. MAYER -- read once and referred to the Committee
          on Labor
        AN ACT to amend the workers' compensation law, in relation  to  hearings
          for determination of claims for compensation
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 20 of  the  workers'  compensation
     2  law,  as  amended by chapter 635 of the laws of 1996, is amended to read
     3  as follows:
     4    1.  At any time after the expiration of the first seven days of  disa-
     5  bility  on  the  part  of  an injured employee, or at any time after the
     6  employee's death, a claim for  compensation  may  be  presented  to  the
     7  employer or to the chair.  The board shall have full power and authority
     8  to  determine  all  questions  in  relation  to  the  payment  of claims
     9  presented to it for compensation under the provisions of  this  chapter.
    10  The  chair or board shall make or cause to be made such investigation as
    11  it deems necessary, and upon application of either party, shall order  a
    12  hearing within forty-five days after the filing of a claim by an injured
    13  employee, and thereafter shall order a hearing within forty-five days of
    14  receipt  of an application by either party, and within thirty days after
    15  a claim for compensation is submitted under this section, or such  hear-
    16  ing  closed,  shall  make  or  deny an award, determining such claim for
    17  compensation, and file the same in the office of the chair.  Immediately
    18  after  such  filing  the  chair  shall send to the parties a copy of the
    19  decision.  Upon a hearing pursuant to  this  section  either  party  may
    20  present  evidence  and  be represented by counsel.   The decision of the
    21  board shall be final as  to  all  questions  of  fact,  and,  except  as
    22  provided in section twenty-three of this article, as to all questions of
    23  law.    Except  as provided in section twenty-seven of this article, all
    24  awards of the board shall draw simple interest from  thirty  days  after
    25  the making thereof at the rate provided in section five thousand four of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09881-01-7
        A. 6589                             2
     1  the  civil practice law and rules.  Whenever a hearing or proceeding for
     2  the determination of a claim for compensation is begun before a referee,
     3  pursuant to the provisions of this chapter, such hearing  or  proceeding
     4  or  any adjourned hearing thereon shall continue before the same referee
     5  until a final determination awarding or denying compensation, except  in
     6  the  absence,  inability  or disqualification to act of such referee, or
     7  for other good cause, in which event such hearing or proceeding  may  be
     8  continued before another referee by order of the chair or board.
     9    § 2. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law.