What's happening
This bill requires all New York workers' compensation district offices to have video conferencing technology for hearings and proceedings.
Why it matters
Expanding access and efficiency. By requiring all district offices to have video conferencing technology, the bill aims to reduce barriers for injured workers, employers, attorneys, and witnesses who may otherwise need to travel long distances for hearings, saving time and costs for all parties involved.
Modernizing legal processes. The mandated use of video conferencing brings the workers’ compensation system in line with modern courtroom and administrative practices, potentially speeding up case resolution and making the system more adaptable to future needs (such as emergencies or pandemics).
Improving participation and fairness. Increased availability of remote hearings can make it easier for people with disabilities, health issues, or limited transportation options to participate fully in their cases, supporting a more equitable process for all claimants and respondents.
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Who cares
Headline styles
Add Video to Comp Hearings
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
850
2017-2018 Regular Sessions
IN SENATE
January 5, 2017
Introduced by Sen. RITCHIE -- 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 video conferencing technology
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The workers' compensation law is amended by adding a new section 138 to read as follows:
§ 138. Video conferencing technology. All district offices shall be equipped with video conferencing technology and the chair and the board may utilize such technology to facilitate proceedings and hearings in any action brought before the chair or the board.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06819-01-7
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 video conferencing technology
Purpose
To provide for videoconferencing technology at all workers' compensation offices in order to facilitate all workers' compensation proceedings and hearings brought before the chair or the board.
Summary of provisions
Section 1 amends the workers' compensation law to provide that all district offices shall be equipped with video conferencing technology to facilitate workers' compensation proceedings and hearings in any action brought before the chair or the board.
Section 2 provides the effective date.
Justification
The original purpose for the creation of administrative adjudication proceedings for workers' compensation was to establish "alternative dispute resolution" systems for these disputes. These were intended as less complicated, more prompt means of resolving disputes as compared to the more formal, civil court counterparts. Workers' Compensation boards utilize a simplified approach to determine claims through less stringent filing, evidentiary, and hearing procedures and a more cooperative and responsive approach to assist claimants and constituents.
However, in an effort to reduce administrative costs, lower volume offices, often located in the most rural communities of our state are being shut down. This forces hundreds of injured employees and their representative to travel over an hour to attend workers' compensation proceedings and hearings. This bill requires video conferencing technology at all workers' compensation offices in an effort to provide 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.
Video is now 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 home s, 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: 5.4662 Reported and Committed to Finance.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.