New York S 7850: Relates to providing for an initial hearing in every case for a claim of compensation

Bill Text

STATE OF NEW YORK
________________________________________________________________________
7850
IN SENATE
February 26, 2020
___________
Introduced by Sen. GOUNARDES -- 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:
1 Section 1. Subdivision 1 of section 20 of the workers' compensation
2 law, as amended by chapter 635 of the laws of 1996, is amended to read
3 as follows:
4 1. At any time after [the expiration of the first seven days of disa-
5 ] an injured employee, or at any timebility on the part of injury of the
6 after the employee's death, a claim for compensation may be presented to
7 the employer or to the chair. The board shall hold an initial hearing
8 have full power and authority to determine allfor each claim and shall
9 questions in relation to the payment of claims presented to it for
10 compensation under the provisions of this chapter. The chair or board
11 shall make or cause to be made such investigation as it deems necessary,
12 and upon application of either party, shall order a hearing, and within
13 thirty days after a claim for compensation is submitted under this
14 section, or such hearing closed, shall make or deny an award, determin-
15 ing such claim for compensation, and file the same in the office of the
16 chair. Immediately after such filing the chair shall send to the parties
17 a copy of the decision. Upon a hearing pursuant to this section either
18 party may present evidence and be represented by counsel. The decision
19 of the board shall be final as to all questions of fact, and, except as
20 provided in section twenty-three of this article, as to all questions of
21 law. Except as provided in section twenty-seven of this article, all
22 awards of the board shall draw simple interest from thirty days after
23 the making thereof at the rate provided in section five thousand four of
24 the civil practice law and rules. Whenever a hearing or proceeding for
25 the determination of a claim for compensation is begun before a referee,
26 pursuant to the provisions of this chapter, such hearing or proceeding
27 or any adjourned hearing thereon shall continue before the same referee
28 until a final determination awarding or denying compensation, except in
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD15288-01-0

S. 7850 2
1 the absence, inability or disqualification to act of such referee, or
2 for other good cause, in which event such hearing or proceeding may be
3 continued before another referee by order of the chair or board.
4 § 2. This act shall take effect immediately.