What's happening
This bill increases penalties for dilatory tactics and expands penalties for violations of professional conduct in workers' compensation hearings.
Why it matters
Increases financial penalties for delaying tactics. Raises the fines that can be imposed on parties, attorneys, or licensed representatives who cause unnecessary delays in workers' compensation hearings, potentially deterring stalling and encouraging timely resolution of cases.
Expands who can be penalized. Newly allows penalties to be assessed not just against employers and carriers, but also against claimant attorneys or their representatives, making all parties more accountable for their conduct.
Broader definition of misconduct. Now explicitly includes violations of the rules of professional conduct as grounds for penalties, not just procedural delays, creating a higher standard of behavior for all legal representatives involved.
Directs penalty payments to appropriate parties. Specifies that injured workers receive compensation when delays are caused by the employer’s side, but directs funds to a state fund if the claimant’s own representative is at fault, ensuring penalties benefit either the harmed party or the system.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Workers’ compensation carriers and employers
The bill would double the hearing-delay penalty to $50 and the additional award to $150 when their unjustified lack of preparedness or dilatory tactics force further proceedings.
Workers’ compensation attorneys and licensed representatives
The bill would extend penalties to representatives on either side, require those penalized to pay, and explicitly include violations of professional conduct rules as dilatory tactics.
Injured workers and their dependents
They would receive the increased $150 award when a penalty is imposed against a carrier, employer or its representative, while awards tied to claimant representatives’ misconduct would go to the statutory fund instead.
Workers’ Compensation Board
The bill would require the board to apply higher penalties to a broader range of participants responsible for hearing delays.
Headline styles
Increase Penalties for Delays
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. Paragraph (c) of subdivision 3 of section 25 of the workers' compensation law, as amended by chapter 61 of the laws of 1986, is amended to read as follows:
(c) The board shall keep an accurate record of all hearings held. Whenever a hearing must be continued or adjourned for further proceedings because the carrier or employer, or its attorney or licensed representative, or claimant's attorney or licensed representative has engaged in dilatory tactics or exhibited unjustified lack of preparedness, the board shall impose a penalty of [twenty-five] fifty dollars to be paid by the party or attorney or representative against which it is imposed to the fund created by subdivision two of section one hundred fifty-one of this chapter and shall in addition make an award of [seventy-five] one hundred fifty dollars payable to (i) the injured worker or his or her dependants when the penalty is imposed against the carrier, employer or its attorney or licensed representative; or (ii) to the fund created by subdivision two of section one hundred fifty-one of this chapter when the penalty is imposed against the claimant's attorney or licensed representative. Dilatory tactics may include but shall not be limited to: failing to subpoena medical witnesses or to secure an order to show cause as directed by the referee, failing to bring proper files, failing to appear, failing to produce witnesses or documents after they have been requested by the referee or examiner or as directed by the 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
[or] engaging in a pattern of delay which unduly delays resolution, or violating the rules of professional conduct, except that no penalty shall be imposed nor award made under this subdivision if the carrier or employer produces evidence sufficient to excuse its conduct to the satisfaction of the referee.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose of the bill
This bill would increase the efficiency of Workers' Compensation Board hearings by expanding the amount and scope of the dilatory tactics penalty, thus disincentivizing the use of such delay tactics.
Summary of provisions
Section 1 of the bill would amend Workers' Compensation Law § 25(3)(c) to increase the amount of the penalty from $25 to $50, payable to the Board's WCL § 151 fund, and from $75 to $150 payable to the injured worker or the Board's WCL § 151 fund. It would also allow the Board to penalize the employer or carrier's legal representative, as well as the claimant's attorney. Finally, the bill would expand the definition of dilatory tactics to include violations of the Code of Professional Responsibility.
Section 2 of the bill would make it effective immediately.
Justification
Workers' Compensation Law Judges (WCLJs) conduct approximately 250,000 hearings annually. The modem adjudication system demands that hearings be conducted fully, fairly, with robust due process, and in protection of the rights of injured workers. A WCLJ should be able to identify and find that tactics which unnecessarily delay the process will not be tolerated, whether the tactic is done by legal representatives of the claimant or the carrier.
The current penalty for dilatory tactics has a relatively limited reach, as it only applies against the carrier or employer, and the combined amount is $100. This bill would increase the maximum amount of the penalty and to whom it can be applied.
Moreover, the list of tactics considered dilatory currently does not include conduct that would be considered in violation of the Code of Professional Responsibility. While the Board does not have contempt power, there should be some consequence for the impact caused by a violation of the Code of Professional Responsibility. Allowing the WCLJ to also impose a dilatory tactics penalty will emphasize that such conduct will not be tolerated, which in turn will help the Board improve the delivery of effective hearings for all, especially injured workers.
Prior legislative history
This is a new bill.
Fiscal implications
None.
Effective date
The bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.