S2461-2013 Actions

• Jan 17, 2013: REFERRED TO LABOR

S2461-2013 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.

S2461-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2461
 2013-2014 Regular Sessions
 I N  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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05598-01-3

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