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A08926 Summary:

BILL NOA08926
 
SAME ASSAME AS S04161
 
SPONSORBronson
 
COSPNSRGlick, Shimsky, Tapia, Steck, Ardila, Davila
 
MLTSPNSR
 
Rpld §25 sub 2-b, amd §25, Work Comp L
 
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.
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A08926 Actions:

BILL NOA08926
 
01/30/2024referred to labor
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A08926 Memo:

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.
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A08926 Text:



 
                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.
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