A2271-2011 Actions

• Jan 4, 2012: referred to labor
• Jan 14, 2011: referred to labor

A2271-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2271
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 14, 2011
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
 on Labor
 AN  ACT  to  amend  the  workers'  compensation  law, in relation to the
 accrual of interest in workers' compensation disputes
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  1 of section 20 of the workers' compensation
 law, as amended by chapter 635 of the laws of 1996, is amended  to  read
 as follows:

 1.   At any time after the expiration of the first seven days of disa
 bility on the part of an injured employee, or  at  any  time  after  the
 employee's  death,  a  claim  for  compensation  may be presented to the
 employer or to the chair.  The board shall have full power and authority
 to determine  all  questions  in  relation  to  the  payment  of  claims
 presented  to  it for compensation under the provisions of this chapter.
 The chair or board shall make or cause to be made such investigation  as
 it  deems necessary, and upon application of either party, shall order a
 hearing, and within thirty  days  after  a  claim  for  compensation  is
 submitted under this section, or such hearing closed, shall make or deny
 an  award, determining such claim for compensation, and file the same in
 the office of the chair. Immediately after such filing the  chair  shall
 send  to the parties a copy of the decision.  Upon a hearing pursuant to
 this section either party may present evidence  and  be  represented  by
 counsel.    The decision of the board shall be final as to all questions
 of fact, and, except as provided in section twenty-three of  this  arti
 cle,  as  to  all  questions  of  law.   Except as provided in [section]
 SECTIONS TWENTY-A AND twenty-seven of this article, all  awards  of  the
 board shall draw simple interest from thirty days after the making ther
 eof  at  the  rate  provided  in section five thousand four of the civil
 practice law and rules.  Whenever a hearing or proceeding for the deter
 mination of a claim for compensation is begun before a referee, pursuant
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05402-01-1
 
       A. 2271                             2
 to the provisions of this chapter, such hearing  or  proceeding  or  any
 adjourned hearing thereon shall continue before the same referee until a
 final  determination  awarding  or  denying  compensation, except in the
 absence,  inability  or  disqualification to act of such referee, or for
 other good cause, in which event  such  hearing  or  proceeding  may  be
 continued before another referee by order of the chair or board.
 

S  2. The workers' compensation law is amended by adding a new section
 20-a to read as follows:

 

S 20-A. ACCRUAL OF INTEREST IN  DISPUTED  CASES.  NOTWITHSTANDING  ANY
 LAW,  RULE  OR  REGULATION  TO THE CONTRARY, INTEREST SHALL NOT BEGIN TO
 ACCRUE UNTIL A FINAL DISPUTE  RESOLUTION  HAS  BEEN  MADE  IN  CASES  OR
 CONTROVERSIES  COMMENCED OR DECIDED PURSUANT TO SECTIONS TWENTY, TWENTY
 THREE AND/OR TWENTY-FIVE OF THIS ARTICLE.
 

S 3. This act shall take effect immediately.

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