New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A00386 Summary:

A00386 Actions:

A00386 Committee Votes:

Committee:LABOR   Chair:Joyner      
DATE:05/11/2021AYE/NAY:28/0  Action: Favorable         
Joyner
Aye
Brabenec
Aye
Abbate
Aye
DiPietro
Aye
Perry
Aye
Byrne
Aye
Colton
Aye
Morinello
Aye
Benedetto
Aye
DeStefano
Aye
Hevesi
Aye
Schmitt
Aye
Bronson
Aye
Durso
Aye
Rodriguez
Aye
Giglio
Aye
Rozic
Aye
Simon
Aye
Steck
Aye
Barnwell
Aye
Richardson
Aye
Rosenthal
Absent
Cruz
Aye
Reyes
Aye
De La Rosa
Aye
Ramos
Aye
Jacobson
Aye
Burgos
Aye
Zinerman
Aye

A00386 Floor Votes:

A00386 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           386
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  JACOBSON, COLTON, REYES, DICKENS, GOTTFRIED,
          SAYEGH, GLICK, FAHY, STECK, ABINANTI, KIM, CUSICK, MORINELLO, PERRY --
          Multi-Sponsored by -- M. of A. COOK, McDONOUGH, SIMON -- read once and
          referred to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to irregular-
          ities in a cover sheet accompanying an application for  administrative
          review or for full board review or a rebuttal to such applications
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The workers' compensation law is amended by  adding  a  new
     2  section 23-a to read as follows:
     3    §  23-a.  Mistakes,  defects  and irregularities.   1. Notwithstanding
     4  anything contained in 12 NYCRR 300.13  (b)  as  or  further  defined  in
     5  Subject Number 046-878 and Subject Number 046-940 issued by the board, a
     6  mistake,  omission,  defect  and/or  other irregularity in a cover sheet
     7  (currently known as form RB-89) accompanying an application for adminis-
     8  trative review or a cover sheet (currently known as RB-89.2)  accompany-
     9  ing an application for full board review shall not be grounds for denial
    10  of said application for administrative review or full board review.
    11    2. Notwithstanding anything contained in 12 NYCRR 300.13 (b) or (c) as
    12  or  further defined in Subject Number 046-878 and Subject Number 046-940
    13  issued by the board, a mistake, omission, defect and/or other irregular-
    14  ity in a cover sheet (currently known as form  RB-89.1)  accompanying  a
    15  rebuttal  to  an  application for administrative review or a cover sheet
    16  (currently known as RB-89.3) accompanying a rebuttal to  an  application
    17  for  full  board review shall not be grounds for denial of said rebuttal
    18  to an application for administrative review or an application  for  full
    19  board review.
    20    3.  The  board  shall permit any such mistake, omission, defect and/or
    21  other irregularity to be corrected within twenty days of written  notice
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04899-01-1
        A. 386                              2
 
     1  by the board of such mistake, omission, defect and/or other irregularity
     2  or  if a substantial right of either the party filing the application or
     3  the party filing the rebuttal is not prejudiced, such mistake, omission,
     4  defect and/or other irregularity shall be disregarded.
     5    4.  This  section  shall  apply to any and all forms prescribed by the
     6  board with respect to said applications for board review or  full  board
     7  review  or  rebuttals  to  said applications subsequent to the effective
     8  date of this section.
     9    § 2. This act shall take effect immediately.