Relates to workers' compensation; repealer

Summary of provisions

Section 1 of this bill repeals subdivision 4 of section 10 of the Workers' Compensation Law, thus eliminating the cessation of indemnity benefits upon incarceration.

Section 2 of this bill amends section 12 of the Workers' Compensation Law to provide compensation for the first seven days of disability if the disability last longer than seven days. Under current law, benefits for the first seven days of disability are paid only if the disability lasts more than fourteen days.

Sections 3 and 4 of this bill amend various portions of section 13-a of the Workers' Compensation Law to clarify the function of the pre-authorized procedures list and increase thresholds for services that require authorization.

Sections 5 and 6 of this bill amend section 2 and add a new section 13-bb to the Workers' Compensation Law to provide for regulation of independent medical examinations.

Section 7 of this bill amends section 13-f of the Workers' Compensation Law to require a study of the availability and quality of care for injured workers.

Sections 8 and 9 of this bill amend sections 13-g and 13-n of the Workers' Compensation Law to address fraudulent practices.

Section 10 of this bill amends subdivision 5 of section 14 of the Workers' Compensation Law to require consideration of certain factors in determining whether an injured worker's earning capacity would be expected to increase.

Sections 11 and 12 of this bill amend section 14-a of the Workers' Compensation Law to require double compensation where workers are illegally employed.

Section 13 of this bill amends subdivision 1 of section 15 of the Workers' Compensation Law to create a presumption of disability based on an injured worker's approval for social security disability benefits.

Sections 14, 15 and 16 of this bill amend various subdivisions of section 15 of the Workers' Compensation Law to increase the number of weeks of compensation on the schedule of loss, make changes to technical aspects of schedule awards, remove the indemnity offset for schedule awards, remove the permanent partial disability duration cap, increase and index the minimum indemnity benefit and make cost of living adjustments to benefit levels.

Sections 17, 18 and 19 of this bill amend various subdivisions of sections 16 and 17 of the Workers' Compensation Law to set guidelines for the Chair in determining the schedule for funeral expenses, eliminate language that provides for the termination of benefits to surviving spouses upon remarriage, provide cost of living adjustments to survivor benefits and eliminate limits on death benefits for survivors that live in foreign countries.

Section 20 of this bill amends section 21 of the Workers' Compensation Law to create a presumption that an injured worker has not voluntarily withdrawn from the labor market if her or his employer has not offered reemployment.

Section 21 of this bill amends section 23 of the Workers' Compensation Law to set timeframes for deciding appeals.

Section 22 of this bill amends section 77 of the Workers' Compensation Law to make technical changes to the process for appointing commissioners to the board of the State Insurance Fund.

Section 23 of this bill amends section 114 of the Workers' Compensation Law to increase penalties for fraud and permit judges to order forfeiture of business assets upon convictions of fraud.

Section 24 of this bill amends section 122 of the Workers' Compensation Law to require recording as well as transcription of testimony.

Sections 25 and 26 of this bill amend section 140 of the Workers' Compensation Law and section 169 of the Executive Law to make changes to the appointment process for board members and increase board member salaries.

Section 27 of this bill amends section 2313 of the Insurance Law to make technical changes to the appointment process for members of the board of the Compensation Insurance Rating Board.

Section 28 of this bill amends section 71 of the Civil Service Law to provide public employees leaves of absence in the event that they have not yet received necessary medical care for a workplace illness or injury.

Section 29 of this bill amends section 460.10 of the Penal Law it include violations of the Workers Compensation Law in the list of underlying crimes that could qualify as enterprise corruption.

Section 30 of this bill provides that it shall become effective on the ninetieth day after it shall have become a law.

Justification

The workers' compensation system should be focused on providing timely, high-quality medical care to injured and ill workers and providing benefits adequate to prevent those workers and their families from slipping into poverty during their illness or injury or upon their death. The current system falls far short of that goal. The policy initiatives outlined in this legislation are by no means all-encompassing. However, this legislation represents an important first step in ensuring that injured and ill workers and their families maintain dignity. LEGISLATIVE HISTORY :

New bill.

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall have become a law.