Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to labor |
Mar 17, 2009 |
referred to labor |
Senate Bill S3381
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Labor 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
Actions
co-Sponsors
(D, WF) Senate District
(D, IP) Senate District
2009-S3381 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7680
- Current Committee:
- Senate Labor
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §§23 & 142, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S1401, A6909
2013-2014: S3680
2009-S3381 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3381 TITLE OF BILL : An act to amend the workers' compensation law, in relation to setting a time limit for requesting full board review of unanimous board panel decisions PURPOSE : This bill sets a 30-day time limit for requesting review by the full Board of a unanimous Workers' compensation Board panel decision, and bars applicants who request review by the full Board from merely resubmitting the same application for review they had presented to the Board panel. SUMMARY OF SPECIFIC PROVISIONS : Section 1 of the bill amends Workers' Compensation Law § 23 to apply the 30-day time limit for appeals to both appeals from a divided panel ("mandatory" appeals) and appeals from a unanimous panel ("discretionary" appeals). It further requires that any appeal to the full Board must raise arguments concerning the deficiencies of the panel's decision.
2009-S3381 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3381 2009-2010 Regular Sessions I N S E N A T E March 17, 2009 ___________ Introduced by Sens. ONORATO, SAVINO -- (at request of the Workers Compensation Board) -- read twice and ordered printed, and when print- ed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to setting a time limit for requesting full board review of unanimous board panel decisions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 23 of the workers' compensation law, as amended by chapter 6 of the laws of 2007, is amended to read as follows: S 23. Appeals. An award or decision of the board shall be final and conclusive upon all questions within its jurisdiction, as against the state fund or between the parties, unless reversed or modified on appeal therefrom as hereinafter provided. Any party may within thirty days after notice of the filing of an award or decision of a referee, file with the board an application in writing for a modification or rescis- sion or review of such award or decision, as provided in this chapter. The board shall render its decision upon such application in writing and shall include in such decision a statement of the facts which formed the basis of its action on the issues raised before it on such application. Within thirty days after notice of the decision of the board upon such application has been served upon the parties, or within thirty days after notice of an administrative redetermination review decision by the chair pursuant to subdivision five of section fifty-two, section one hundred thirty-one or section one hundred forty-one-a of this chapter has been served upon any party in interest, an appeal may be taken ther- efrom to the appellate division of the supreme court, third department, by any party in interest, including an employer insured in the state fund; provided, however, that [if the decision or determination was that of a panel of the board and there was a dissent from such decision or determination other than a dissent the sole basis of which is to refer EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08914-01-9
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