Requires employers to present substantial evidence when contesting workers' compensation claims; directs the workers' compensation board to award a claimant legal fees, if it finds that an employer contested a claim without substantial evidence.
STATE OF NEW YORK
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3694
2013-2014 Regular Sessions
IN ASSEMBLY
January 28, 2013
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. GOTT-
FRIED, HOOPER, RIVERA, ROBINSON -- read once and referred to the
Committee on Labor
AN ACT to amend the workers' compensation law, in relation to requiring
employers or insurance carriers to present substantial evidence when
contesting claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (c) of subdivision 2 of section 25 of the work-
2 ers' compensation law, as amended by chapter 635 of the laws of 1996, is
3 amended to read as follows:
4 (c) If the board shall upon a hearing determine that [objections] any
5 objection to an award of compensation or medical benefits by the employ-
6 er or insurance carrier [were] was interposed without [just cause]
7 substantial evidence, it shall state the grounds for such determination
8 and shall require the employer or the insurance carrier to pay to the
9 claimant, in addition to the amount presently due under the award, the
10 sum of three hundred dollars and pay the reasonable claims for legal
11 services incurred by a claimant as a result of the objections so inter-
12 posed.
13 § 2. This act shall take effect immediately and shall apply to work-
14 ers' compensation claims submitted on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00124-01-3
