New York S 2234: Provides that either party to a workers' compensation claim can request a hearing

Bill Text

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S02234 Summary:

BILL NOS02234 

&nbsp

SAME ASSAME AS A04742

&nbsp

SPONSORRAMOS

&nbsp

COSPNSRJACKSON, RHOADS

&nbsp

MLTSPNSR

&nbsp

Amd §§20 & 25, Work Comp L

&nbsp

Provides that either party to a workers' compensation claim can request a hearing; requires a record of all hearings held.

Go to top S02234 Actions:

BILL NOS02234 

&nbsp

01/16/2025REFERRED TO LABOR

04/08/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO LABOR

03/25/2026REPORTED AND COMMITTED TO FINANCE

Go to topS02234 Committee&nbspVotes:

Go to topS02234 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02234 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2234

 2025-2026 Regular Sessions

 IN SENATE

 January 16, 2025
 ___________

 Introduced by Sens. RAMOS, JACKSON -- 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 the
 parties' rights to a hearing upon application to the workers' compen-
 sation board and requiring a record of all hearings held

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 2 and 3 of section 20 of the workers'
 2 compensation law are renumbered subdivisions 2, 3 and 4 and a new subdi-
 3 vision 1 is added to read as follows:
 4 1. The board shall index a claim for workers' compensation immediately
 5 upon the receipt of a medical report in addition to either a claim filed
 6 by the injured worker or an employer's report of injury or illness.
 7 § 2. Subdivision 2 of section 20 of the workers' compensation law,
 8 as amended by chapter 635 of the laws of 1996 and as renumbered by
 9 section one of this act, is amended to read as follows:
 10 2. [At any time after the expiration of the first seven days of disa-
 11 bility on the part of an injured employee, or at any time after the
 12 employee's death, a claim for compensation may be presented to the
 13 employer or to the chair. The] Within sixty days after a claim for
 14 compensation has been indexed, the board shall hold an initial hearing
 15 for each claim in which the injured worker asserts lost wages or lost
 16 time due to injury and shall have full power and authority to determine
 17 all questions in relation to the payment of claims presented to it for
 18 compensation under the provisions of this chapter. The chair or board
 19 shall thereafter make or cause to be made such investigation as it deems
 20 necessary, and upon application of either party or an attorney repres-
 21 enting either party, shall order a hearing before a referee to take
 22 place within forty-five calendar days of the application from either
 23 party, and within thirty days after a claim for compensation is submit-
 24 ted under this section, or such hearing closed, shall make or deny an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06076-02-5

 S. 2234 2

 1 award, determining such claim for compensation, and file the same in the
 2 office of the chair. No application for a hearing made by a party or an
 3 attorney pursuant to this section shall be subject to limitations,
 4 prerequisites, or penalties imposed by the board. Immediately after such
 5 filing the chair shall send to the parties a copy of the decision. Upon
 6 a hearing pursuant to this section either party may present evidence and
 7 be represented by counsel. The decision of the board shall be final as
 8 to all questions of fact, and, except as provided in section twenty-
 9 three of this article, as to all questions of law. Except as provided
 10 in section twenty-seven of this article, all awards of the board shall
 11 draw simple interest from thirty days after the making thereof at the
 12 rate provided in section five thousand four of the civil practice law
 13 and rules. Whenever a hearing or proceeding for the determination of a
 14 claim for compensation is begun before a referee, pursuant to the
 15 provisions of this chapter, such hearing or proceeding or any adjourned
 16 hearing thereon shall continue before the same referee until a final
 17 determination awarding or denying compen