New York A 5003: Prohibits cases from being closed without a hearing or written stipulation; repealer

Bill Text

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A05003 Summary:

BILL NOA05003 

&nbsp

SAME ASSAME AS S03951

&nbsp

SPONSORBronson

&nbsp

COSPNSRGlick, Shimsky, Tapia, Steck, Davila

&nbsp

MLTSPNSR

&nbsp

Rpld §25 sub 2-b, amd §25, Work Comp L

&nbsp

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.

Go to top A05003 Actions:

BILL NOA05003 

&nbsp

02/10/2025referred to labor

01/07/2026referred to labor

Go to topA05003 Committee&nbspVotes:

Go to topA05003 Floor&nbspVotes:

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

Go to topA05003 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5003

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 10, 2025
 ___________

 Introduced by M. of A. BRONSON, GLICK, SHIMSKY, TAPIA, STECK, DAVILA --
 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 2 law is REPEALED and subdivision 2-c is renumbered subdivision 2-b.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
 21 or her] such worker's dependants. Dilatory tactics may include but shall
 22 not be limited to: failing to subpoena medical witnesses or to secure
 23 an order to show cause as directed by the referee, failing to bring

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06525-01-5

 A. 5003 2

 1 proper files, failing to appear, failing to produce witnesses or docu-
 2 ments after they have been requested by the referee or examiner or as
 3 directed by the hearing notice, unnecessarily protracting the production
 4 of evidence, or engaging in a pattern of delay which unduly delays
 5 resolution, except that no penalty shall be imposed nor award made under
 6 this subdivision if the carrier or employer produces evidence sufficient
 7 to excuse its conduct to the satisfaction of the referee.
 8 § 3. This act shall take effect immediately.

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