S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    98
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  GOUNARDES, JACKSON, MAY -- 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
 the civil practice law and rules. Whenever a hearing or  proceeding  for
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01503-01-3
 S. 98                               2
 
 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.