S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    903
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred 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 law is REPEALED and subdivision 2-c is renumbered subdivision 2-b.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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00722-01-3
              

 A. 903                              2
 
 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-
 ing in a pattern of delay which unduly delays resolution, except that no
 penalty  shall  be  imposed nor award made under this subdivision if the
 carrier or employer produces evidence sufficient to excuse  its  conduct
 to the satisfaction of the referee.
   § 3. This act shall take effect immediately.