Prohibits cases from being closed without a hearing or written stipulation; requires a stenographic record of all hearings held; requires minutes and decisions to be provided to the injured worker in their native language.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8926
SPONSOR: Bronson
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To provide workers' compensation claimants with an initial hearing and
sufficient access to records of hearings held.
 
SUMMARY OF PROVISIONS:
Section 1 would repeal Subdivision 2-b of Section 25 of the Workers'
Compensation Law and renumber Subdivision 2-c as Subdivision 2-b.
Section 2 would mandate an initial hearing for workers' compensation
claimants. The bill would also require the Workers' Compensation Board
to keep accurate stenographic records of all hearings and provide
minutes at no cost to the claimant in their native language. The deci-
sions issued in such cases would also be required provided to the worker
in their native language.
Section 3 would set the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
 
JUSTIFICATION:
Currently the workers, compensation board is not required to hold a
hearing announcing a final decision before closing a case or to keep
stenographic records of all hearings held. This leads to a lack of tran-
sparency within workers' compensation cases. This bill would require a
final hearing that announces a case decision and requires a stenographic
record of all hearings. The bill also requires minutes to be provided to
injured workers in their native language.
 
LEGISLATIVE HISTORY:
2019-2020: A10067 (Joyner) - referred to Labor
2021-2022: A5692 (Joyner) - referred to Labor
2023-2024: A903 (Joyner) - referred to Labor; enacting clause stricken
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8926
IN ASSEMBLY
January 30, 2024
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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:
1 Section 1. Subdivision 2-b of section 25 of the workers' compensation
2 law is REPEALED and subdivision 2-c is renumbered subdivision 2-b.
3 § 2. Paragraphs (b) and (c) of subdivision 3 of section 25 of the
4 workers' compensation law, as amended by chapter 61 of the laws of 1986,
5 are amended to read as follows:
6 (b) Nothing herein shall limit the right of the board in a particular
7 case to hold a hearing and make an award in accordance with other
8 provisions of this chapter. No case shall be closed and no decision
9 shall be issued without a hearing upon notice to all parties interested
10 and without giving to all such parties an opportunity to be heard.
11 (c) The board shall keep an accurate stenographic record of all hear-
12 ings held and provide the minutes, at no cost, to the injured worker and
13 their representative in the native language of the injured worker. All
14 decisions shall be issued to the injured worker in their native
15 language. Whenever a hearing must be continued or adjourned because the
16 carrier or employer has engaged in dilatory tactics or exhibited unjus-
17 tified lack of preparedness, the board shall impose a penalty of twen-
18 ty-five dollars to be paid to the fund created by subdivision two of
19 section one hundred fifty-one of this chapter and shall in addition make
20 an award of seventy-five dollars payable to the injured worker or his or
21 her dependants. Dilatory tactics may include but shall not be limited
22 to: failing to subpoena medical witnesses or to secure an order to show
23 cause as directed by the referee, failing to bring proper files, failing
24 to appear, failing to produce witnesses or documents after they have
25 been requested by the referee or examiner or as directed by the hearing
26 notice, unnecessarily protracting the production of evidence, or engag-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00722-01-3
A. 8926 2
1 ing in a pattern of delay which unduly delays resolution, except that no
2 penalty shall be imposed nor award made under this subdivision if the
3 carrier or employer produces evidence sufficient to excuse its conduct
4 to the satisfaction of the referee.
5 § 3. This act shall take effect immediately.