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A05692 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5692
 
SPONSOR: Joyner
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to prohibit- ing cases from being closed without a hearing or written stipulation and requiring a stenographic record of all hearings held; and to repeal certain provisions of such law relating thereto   SUMMARY OF PROVISIONS: Section 1: Subdivision 2-b of section 25 of the workers' compensation law is repealed and subdivision 2-c is renumbered subdivision 2-b. Section 2: Paragraphs (b) and (c) of subdivision 3 of section 25 of the workers' compensation law, chapter 61 of the laws of 1986, are amended to mandate that no final decision is made without a hearing for both parties and mandates the workers' compensation board to keep steno- graphic records of all hearings held. Injured workers and their repre- sentative shall be provided the minutes, at no cost, in the native language of the worker. All decisions shall be issued to the injured worker in their native language.   JUSTIFICATION: Currently the workers' compensation board is not required to hold a hearing announcing a final decision before closing a case or to keep stenographic records of all hearings held. This leads to a lack of tran- sparency within workers' compensation cases. This bill would require a final hearing that announces a case decision and requires a stenographic record of all hearings. The bill also requires minutes to be provided to injured workers in their native language.   PRIOR LEGISLATIVE HISTORY: March 2020 - Assembly Bill A10067 Referred to Assembly Labor, February 2020 - Senate Bill S7843 referred to Senate Labor   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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