Relates to increasing penalties for dilatory tactics or unjustified lack of preparedness of a carrier, employer attorney or licensed representative during hearings.
STATE OF NEW YORK
________________________________________________________________________
6321
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
___________
Introduced by Sen. ALCANTARA -- (at request of the Workers Compensation
Board) -- 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 increasing
penalties for dilatory tactics and broadening application of penalty
for violations of rules of professional conduct
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 3 of section 25 of the work-
2 ers' compensation law, as amended by chapter 61 of the laws of 1986, is
3 amended to read as follows:
4 (c) The board shall keep an accurate record of all hearings held.
5 Whenever a hearing must be continued or adjourned for further
6 proceedings because the carrier or employer, or its attorney or licensed
7 representative, or claimant's attorney or licensed representative has
8 engaged in dilatory tactics or exhibited unjustified lack of prepared-
9 ness, the board shall impose a penalty of [twenty-five] fifty dollars to
10 be paid by the party or attorney or representative against which it is
11 imposed to the fund created by subdivision two of section one hundred
12 fifty-one of this chapter and shall in addition make an award of [seven-
13 ty-five] one hundred fifty dollars payable to (i) the injured worker or
14 his or her dependants when the penalty is imposed against the carrier,
15 employer or its attorney or licensed representative; or (ii) to the fund
16 created by subdivision two of section one hundred fifty-one of this
17 chapter when the penalty is imposed against the claimant's attorney or
18 licensed representative. Dilatory tactics may include but shall not be
19 limited to: failing to subpoena medical witnesses or to secure an order
20 to show cause as directed by the referee, failing to bring proper files,
21 failing to appear, failing to produce witnesses or documents after they
22 have been requested by the referee or examiner or as directed by the
23 hearing notice, unnecessarily protracting the production of evidence,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10058-01-7
S. 6321 2
1 [or] engaging in a pattern of delay which unduly delays resolution, or
2 violating the rules of professional conduct, except that no penalty
3 shall be imposed nor award made under this subdivision if the carrier or
4 employer produces evidence sufficient to excuse its conduct to the
5 satisfaction of the referee.
6 § 2. This act shall take effect immediately.