Stream Workers' Comp Hearings

Section 2 provides the effective date.

Existing law

Article 7 of the Workers' Compensation Law contains miscellaneous provisions. There is no existing law related to requiring video conferencing technology in the workers' compensation district offices.

Justification

In 2013 the Workers' Compensation Board closed its Customer Service Center in Canton, in St. Lawrence County. St. Lawrence is the largest geographic county in New York State, thus the closure of this center forced hundreds of injured employees and their representatives to travel over an hour to Saranac Lake or Watertown. The closure of this office has created a huge hardship for disabled people living in Northern New York as there is no easy access for these individuals to obtain the assistance they need to secure their workers' compensation benefits when they are injured. Furthermore, the administrative judge and stenographer in Canton, who conduct the hearings, do not actually travel to Saranac Lake or Watertown. Instead, the hearings are conducted electronically using teleconference facilities.

Merely permitting video conferencing technology as an alternative to physical proceeding, however, is insufficient if no such video conferencing technology exists at a location available to the clients and their attorneys. Instead, this legislation authorizes the workers compensation board to utilize any forum possessing video conferencing ability that is open to the public in St. Lawrence County to facilitate the broadcast of proceedings and hearings of any action brought before the chair or the board. Permitting video conferencing technology to be used as an alternative to actual appearances is helpful in providing easy access to injured and disabled workers living in rural or other areas throughout the state that are unable to be physically present at workers' compensation hearings. However, authorizing that all public forums are available for this use enables this alternative to be ascertainable and actually utilized.

Video is used to effectuate timely hearing appearances by out-of-state or remotely located claimants or health care providers. Desktop video technology is also utilized on a pilot basis for conducting conciliations or pre-hearing conferences with self-insured employers or insurance carriers who may have a number of cases pending before the Board. Expanding the use of video conferencing for securing critical testimony of both employees and health care providers who may offer such testimony on a case directly from their homes, private offices or hospitals is essential. This is an important step forward for employees whose ability to pursue a claim or defend an insurer's attempt to reduce or terminate workers' compensation benefits is compromised by the expenses associated with long distance travel or other hurdles preventing the employee from physically attending the hearing.

Assisting injured workers should be a strong goal of the state. Requiring individuals to travel exceedingly long distances or when they have a physical disability preventing travel is a hardship that ought to be avoided if possible. Video conferencing enables employees and others offering testimony in a workers' compensation hearing to provide that testimony at virtually any setting. For the aforementioned reasons it is imperative that this bill is enacted.

Legislative history

2015-2016: S.6225 Passed the Senate.

Fiscal implications

None.

Effective date

This act shall take effect immediately.