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: A903
SPONSOR: Joyner 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
SUMMARY OF PROVISIONS:
Section 1: Subdivision 2-b of section 25 of the workers' compensation
law is repealed and subdivision 2-c is renumbered subdivision 2-b.
Section 2: Paragraphs (b) and (c) of subdivision 3 of section 25 of the
workers' compensation law, chapter 61 of the laws of 1986, are amended
to mandate that no final decision is made without a hearing for both
parties and mandates the workers' compensation board to keep steno-
graphic records of all hearings held. Injured workers and their repre-
sentative shall be provided the minutes, at no cost, in the native
language of the worker. All decisions shall be issued to the injured
worker in their native language.
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.
PRIOR LEGISLATIVE HISTORY:
02/24/21 referred to labor
01/05/22 referred to labor
March 2020 - Assembly Bill A10067 Referred to Assembly Labor, February
2020 - Senate Bill S7843 referred to Senate Labor
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
903
2023-2024 Regular Sessions
IN ASSEMBLY
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:
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00722-01-3
A. 903 2
1 to appear, failing to produce witnesses or documents after they have
2 been requested by the referee or examiner or as directed by the hearing
3 notice, unnecessarily protracting the production of evidence, or engag-
4 ing in a pattern of delay which unduly delays resolution, except that no
5 penalty shall be imposed nor award made under this subdivision if the
6 carrier or employer produces evidence sufficient to excuse its conduct
7 to the satisfaction of the referee.
8 § 3. This act shall take effect immediately.
