Bill S2461-2013

Directs the chairman of the workers' compensation board to appoint and employ a referee to hear claims at each hearing part in the city of New York

Directs the chairman of the workers' compensation board to appoint and employ a referee to hear claims in each county in the city of New York.

Details

Actions

  • Jan 8, 2014: REFERRED TO LABOR
  • Jun 3, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 17, 2013: REFERRED TO LABOR

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 3, 2013
Ayes (15): Savino, Ball, DeFrancisco, Gallivan, Grisanti, Hannon, Marcellino, Marchione, Martins, Robach, Peralta, Addabbo, Dilan, Perkins, Sanders
Ayes W/R (1): Rivera

Memo

BILL NUMBER:S2461

TITLE OF BILL: An act to amend the workers' compensation law, in relation to directing the chairman of the workers' compensation board to appoint a referee to investigate, review and hear claims at each hearing part within the city of New York

PURPOSE: Directs the chairman of the workers' compensation board to appoint and employ a referee to hear claims at each hearing part in the city of New York.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 141 of the workers' compensation law by adding a new closing paragraph.

Section two is the effective date.

JUSTIFICATION: Recently, the Workers' Compensation Board has started to utilize video conferencing more. Court reporters and judges can appear by video from remote places to hear a claim. The result of this use of technology is a process that is both impersonal and complex, often leaving the claimant feeling unsatisfied with his/her hearing and unsure as to whether or not the claim was adequately expressed due to video delays and other possible errors. It is for these reasons that video conferencing for these matters must be minimized.

LEGISLATIVE HISTORY: 2012: S.7116 - Referred to Labor/A.10119 Referred to Labor

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2461 2013-2014 Regular Sessions IN SENATE January 17, 2013 ___________
Introduced by Sen. LANZA -- 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 directing the chairman of the workers' compensation board to appoint a referee to investigate, review and hear claims at each hearing part within the city of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 141 of the workers' compensation law is amended by adding a new closing paragraph to read as follows: THE CHAIRMAN SHALL APPOINT AND EMPLOY REFEREES TO BE PHYSICALLY PRES- ENT AT EACH HEARING PART OPERATING WITHIN THE BOUNDARIES OF THE CITY OF NEW YORK, TO INVESTIGATE, REVIEW AND HEAR CLAIMS AT THE CUSTOMER SERVICE CENTER OR DISTRICT OFFICE WHERE THE CLAIMANT RESIDES OR ELECTS TO ATTEND; PROVIDED, HOWEVER THAT IN THE EVENT OF THE TEMPORARY ABSENCE OF THE APPROPRIATE REFEREE, AND WHERE NO OTHER REFEREE IS PHYSICALLY AVAIL- ABLE TO APPEAR, A HEARING MAY BE HELD BY MEANS OF VIDEOCONFERENCE BY A REFEREE APPEARING FROM A LOCATION OUTSIDE OF THE CUSTOMER SERVICE CENTER OR DISTRICT OFFICE OF THE HEARING. NO CLAIMANT RESIDING WITHIN THE BOUNDARIES OF THE CITY OF NEW YORK SHALL HAVE TO CROSS A BRIDGE TO TRAV- EL TO A HEARING LOCATION, UNLESS THEY OPT TO DO SO AT THEIR REQUEST. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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