Requires workers' compensation hearings and pre-hearing conferences to be stenographically recorded by a stenographer in the employ of the workers' compensation board.
Ayes (12): Robach, Alesi, DeFrancisco, Gallivan, Grisanti, Peralta, Addabbo, Dilan, Gianaris, Perkins, Rivera, Smith
Ayes W/R (4): Johnson, Marcellino, McDonald, Martins
Ayes (13): Robach, Alesi, DeFrancisco, Grisanti, McDonald, Martins, Peralta, Addabbo, Dilan, Gianaris, Perkins, Rivera, Smith
Ayes W/R (3): Gallivan, Johnson, Marcellino
Ayes (27): DeFrancisco, Johnson, Alesi, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, Little, Nozzolio, Robach, Seward, Young, Diaz, Dilan, Duane, Gianaris, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Stavisky, Stewart-Cousins, Squadron
Ayes W/R (7): Bonacic, Griffo, LaValle, Marcellino, Saland, Krueger, Breslin
Excused (1): Farley
BILL NUMBER:S4112
TITLE OF BILL: An act to amend the workers' compensation law, in relation to requiring hearings and pre-hearing conferences to be recorded by a stenographer in the employ of the workers' compensation board
PURPOSE: Provides that testimony in workers compensation cases must be stenographically recorded and transcribed by a stenographer in the employ of the board.
SUMMARY OF PROVISIONS: Amends º 122 of the workers' compensation law to provide that testimony given before the Workers' Compensation Board must, in addition to being transcribed by a stenographer in the employ of the board, also be stenographically recorded by a stenographer in the employ of the board.
EXISTING LAW: Under existing law, transcripts must be transcribed by a stenographer, which is certified by the stenographer to be true and correct.
JUSTIFICATION: This legislation seeks to clarify the statute that testimony must be both stenographically recorded and transcribed by a stenographer in the employ of the board for workers' compensation cases. Plans by the Workers' Compensation Board to allow for digital recording were found by members of the Legislature to be in opposition to the legislative intent of Worker's Compensation law º 122. In order to prevent any future confusion the statute should be amended to clarify that testimony must be both stenographically recorded and transcribed by a stenographer in the employ of the board.
LEGISLATIVE HISTORY: 2010 Session - Passed Senate
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4112 2011-2012 Regular Sessions IN SENATE March 18, 2011 ___________Introduced by Sen. SAVINO -- 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 requiring hearings and pre-hearing conferences to be recorded by a stenographer in the employ of the workers' compensation board THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 122 of the workers' compensation law, as amended by chapter 113 of the laws of 1946, is amended to read as follows: S 122. Transcripts. ALL HEARINGS AND PRE-HEARING CONFERENCES SHALL BE STENOGRAPHICALLY RECORDED BY A STENOGRAPHER IN THE EMPLOY OF THE BOARD. A copy of the testimony, evidence and procedure of any investigation, HEARING OR PRE-HEARING CONFERENCE, or a particular part thereof, STENO- GRAPHICALLY RECORDED AND transcribed by a stenographer in the employ of the board and certified by such stenographer to be true and correct may be received in evidence with the same effect as if such stenographer were present and testifying to the facts so certified. A copy of such transcript shall be furnished to any party upon payment of the fee for transcripts of similar minutes in the supreme court. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10345-01-1
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