Bill Text: NY S06321 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to increasing penalties for dilatory tactics or unjustified lack of preparedness of a carrier, employer attorney or licensed representative during hearings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO LABOR [S06321 Detail]

Download: New_York-2017-S06321-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6321
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by Sen. ALCANTARA -- (at request of the Workers Compensation
          Board) -- 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 increasing
          penalties  for  dilatory tactics and broadening application of penalty
          for violations of rules of professional conduct
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph (c) of subdivision 3 of section 25 of the work-
     2  ers' compensation law, as amended by chapter 61 of the laws of 1986,  is
     3  amended to read as follows:
     4    (c)  The  board  shall  keep  an accurate record of all hearings held.
     5  Whenever  a  hearing  must  be  continued  or  adjourned   for   further
     6  proceedings because the carrier or employer, or its attorney or licensed
     7  representative,  or  claimant's  attorney or licensed representative has
     8  engaged in dilatory tactics or exhibited unjustified lack  of  prepared-
     9  ness, the board shall impose a penalty of [twenty-five] fifty dollars to
    10  be  paid  by the party or attorney or representative against which it is
    11  imposed to the fund created by subdivision two of  section  one  hundred
    12  fifty-one of this chapter and shall in addition make an award of [seven-
    13  ty-five]  one hundred fifty dollars payable to (i) the injured worker or
    14  his or her dependants when the penalty is imposed against  the  carrier,
    15  employer or its attorney or licensed representative; or (ii) to the fund
    16  created  by  subdivision  two  of  section one hundred fifty-one of this
    17  chapter when the penalty is imposed against the claimant's  attorney  or
    18  licensed  representative.  Dilatory tactics may include but shall not be
    19  limited to:  failing to subpoena medical witnesses or to secure an order
    20  to show cause as directed by the referee, failing to bring proper files,
    21  failing to appear, failing to produce witnesses or documents after  they
    22  have  been  requested  by  the referee or examiner or as directed by the
    23  hearing notice, unnecessarily protracting the  production  of  evidence,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10058-01-7
        S. 6321                             2
     1  [or]  engaging  in a pattern of delay which unduly delays resolution, or
     2  violating the rules of professional  conduct,  except  that  no  penalty
     3  shall be imposed nor award made under this subdivision if the carrier or
     4  employer  produces  evidence  sufficient  to  excuse  its conduct to the
     5  satisfaction of the referee.
     6    § 2. This act shall take effect immediately.