S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    845
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  GOUNARDES, JACKSON, MAY, SAVINO -- 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 providing
   for an initial hearing in every case for a claim of compensation

   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 INJURY OF THE 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 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 make or cause to be made such investigation as it deems necessary,
 and upon application of either party, shall order a hearing, and  within
 thirty  days  after  a  claim  for  compensation is submitted under this
 section, or such hearing closed, shall make or deny an award,  determin-
 ing  such claim for compensation, and file the same in the office of the
 chair. 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 draw simple interest from  thirty  days  after
 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.
                                                            LBD03442-01-1

 S. 845                              2
 
 the  civil  practice law and rules. Whenever a hearing or proceeding for
 the determination of a claim for compensation is begun before a referee,
 pursuant to the provisions of this chapter, such hearing  or  proceeding
 or  any adjourned hearing thereon shall continue before the same referee
 until a final determination awarding or denying compensation, except  in
 the  absence,  inability  or disqualification to act of such referee, or
 for other good cause, in which event such hearing or proceeding  may  be
 continued before another referee by order of the chair or board.
   § 2. This act shall take effect immediately.