Senate Bill S7843

2019-2020 Legislative Session

Prohibits cases from being closed without a hearing or written stipulation; repealer

download bill text pdf

Sponsored By

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

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2019-S7843 (ACTIVE) - Details

See Assembly Version of this Bill:
A10067
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Rpld §25 sub 2-b, amd §25, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4875, A5692
2023-2024: S4161, A903, A8926

2019-S7843 (ACTIVE) - Summary

Prohibits cases from being closed without a hearing or written stipulation, requires a stenographic record of all hearings held and requires minutes and decisions to be provided to the injured worker in their native language.

2019-S7843 (ACTIVE) - Sponsor Memo

2019-S7843 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7843
 
                             I N  S E N A T E
 
                             February 26, 2020
                                ___________
 
 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  prohibit-
   ing  cases  from being closed without a hearing or written stipulation
   and requiring a stenographic record  of  all  hearings  held;  and  to
   repeal certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivision 2-b of section 25 of the workers' compensation
 law is REPEALED and subdivision 2-c is renumbered subdivision 2-b.
   § 2.  Paragraphs (b) and (c) of subdivision 3 of  section  25  of  the
 workers' compensation law, as amended by chapter 61 of the laws of 1986,
 are amended to read as follows:
   (b)  Nothing herein shall limit the right of the board in a particular
 case to hold a hearing and  make  an  award  in  accordance  with  other
 provisions  of  this  chapter.  No  case shall be closed AND NO DECISION
 SHALL BE ISSUED without A HEARING UPON notice to all parties  interested
 and without giving to all such parties an opportunity to be heard.
   (c)  The board shall keep an accurate STENOGRAPHIC record of all hear-
 ings held AND PROVIDE THE MINUTES, AT NO COST, TO THE INJURED WORKER AND
 THEIR REPRESENTATIVE IN THE NATIVE LANGUAGE OF THE INJURED WORKER.   ALL
 DECISIONS  SHALL  BE  ISSUED  TO  THE  INJURED  WORKER  IN  THEIR NATIVE
 LANGUAGE.  Whenever a hearing must be continued or adjourned because the
 carrier or employer has engaged in dilatory tactics or exhibited  unjus-
 tified  lack  of preparedness, the board shall impose a penalty of twen-
 ty-five dollars to be paid to the fund created  by  subdivision  two  of
 section one hundred fifty-one of this chapter and shall in addition make
 an award of seventy-five dollars payable to the injured worker or his or
 her  dependants.  Dilatory  tactics may include but shall not be limited
 to:  failing to subpoena medical witnesses or to secure an order to show
 cause as directed by the referee, failing to bring proper files, failing
 to appear, failing to produce witnesses or  documents  after  they  have
 been  requested by the referee or examiner or as directed by the hearing
 notice, unnecessarily protracting the production of evidence, or  engag-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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