What's happening
This bill requires annual reporting by the Workers' Compensation Board on return-to-work outcomes for permanently partially disabled workers and adds the Labor Commissioner to the advisory council.
Why it matters
Mandates greater accountability and transparency. by requiring the Workers’ Compensation Board to produce annual, in-depth reports on the return-to-work status of permanently partially disabled workers, enabling lawmakers and the public to track outcomes and evaluate the effectiveness of current policies.
Potentially improves worker rehabilitation and employment outcomes. by compelling the Board to analyze best practices, compare with other states’ laws, and recommend administrative or legislative changes, which could lead to more effective support for injured workers returning to the workforce.
Strengthens oversight and enforcement. by requiring Board leaders and the Labor Commissioner to testify before legislative committees if they fail to file required reports, increasing pressure to comply and ensuring timely access to critical data.
Broadens stakeholder input. by adding the Labor Commissioner to the advisory council, which may lead to a more comprehensive perspective on labor and employment issues, and potentially better-informed recommendations for policy improvements.
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Who cares
Headline styles
Increase Workers’ Comp Reporting
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
543
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. AKSHAR, FUNKE -- 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 reporting by the workers' compensation board and appointments to the advisory board; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 4 of section 35 of the workers' compensation law, subdivision 1 as added by chapter 6 of the laws of 2007 and subdivision 4 as amended by section 2 of subpart A of part NNN of chapter 59 of the laws of 2017, are amended and a new subdivision 5 is added to read as follows:
1. Return to work. (a) The [commissioner of labor will] board shall issue a report annually in the month of March to the governor, the speaker of the assembly, the majority leader of the senate, and the chairs of the labor, ways and means and finance committees of the assembly and senate [on or before December first, two thousand seven], making recommendations as to how to assure that workers categorized by the board as permanently partially disabled return to gainful employment to the greatest extent practicable. [Such commissioner] The board will consider administrative and legislative remedies, and shall include estimates of cost in the report. The report shall examine best practices and the laws of other jurisdictions, as well as any relevant programs authorized by New York law. The report shall additionally examine return to work practices as implemented by carriers, the state insurance fund, employers, and the board. It shall also examine the relationship of vocational rehabilitation to ultimate return to work.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05566-01-9
S. 543 2
(b) The [commissioner of labor will] board shall be assisted by an advisory council constituted of [six] seven persons appointed by the governor as follows:
(i) a representative of organized labor appointed upon recommendation of the New York State American Federation of Labor-Congress of Industrial Organizations;
(ii) a representative of the business community appointed upon recommendation of the Business Council of New York State, Incorporated;
(iii) one person upon recommendation of the majority leader of the senate;
(iv) one person upon recommendation of the speaker of the assembly; [and]
(v) two other persons in the governor's discretion[.]; and
(vi) the commissioner of labor or his or her designee.
4. Annual safety net reporting. The board, in conjunction with the commissioner of labor and the superintendent of financial services, shall track all claimants who have been awarded permanent partial disability status and report annually [on] in the month of December [first, beginning in two thousand eight], to the governor, the speaker of the assembly, the majority leader of the senate, and the chairs of the labor, ways and means and finance committees of the assembly and senate:
(i) The number of said claimants who have:
(1) returned to gainful employment;
(2) been recategorized as being totally industrially disabled;
(3) remain subject to duration limitations set forth in paragraph w of subdivision three of section fifteen of this article; and
(4) not returned to work, and whose indemnity payments have expired.
(ii) The additional steps the [commissioner] board contemplates are necessary to minimize the number of workers who have neither returned to work nor been recategorized from permanent partial disability.
5. Failure to file. Failure to file the report required by subdivision four of this section shall require the chair and the commissioner of labor to appear before the senate and assembly committees on labor, at such committee chair's convenience, to provide information required by subdivision four of this section.
§ 2. This act shall take effect immediately and shall expire and be deemed repealed five years after such date.
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 reporting by the workers' compensation board and appoint- ments to the advisory board; and providing for the repeal of such provisions upon expiration thereof
Summary of provisions
This legislation would transfer responsibility of generating and promul- gating the "Safety Net Report", which is an annual report chronicling workers' compensation claimants who have been awarded Permanent Partial Disability (PPD) Non-Scheduled Loss (NSL) status, from the Department of Labor to the WCB.
An advisory board shall assist the WCB in generating the Safety Net Report. The advisory board shall consist of seven members: a represen- tative from organized labor; a representative of the business community; one member on recommendation by the majority leader of the senate; one member on recommendation of the speaker of the assembly; two members at the governor's discretion, and; the commissioner of the department of labor.
Further, this legislation requires that the Safety Net Report be submit- ted annually in December, to the governor, speaker of the assembly, majority leader of the senate and the chairs of the labor, ways and means and finance committees of the senate and assembly.
Reasons for support
Section 35 of the Workers' Compensation Law (WCL) was amended in 2007 to create 'Safety Net and Return to Work' provisions. Section 35 required the commissioner of labor to release an annual report detailing return to work rates for PPD NSL claimants. The Commissioner of Labor (Commis- sioner) has been tasked with the responsibility of issuing the Safety Net Report.
The Commissioner has not released a Safety Net Report since 2010 despite the statutory mandate.
One of the central tenants of workers' compensation is to assist in facilitating an injured workers' return to gainful employment. Without the Safety Net Report, it is nearly impossible to assess whether the current system is achieving its goals relative to injured workers and if not, how future legislation could target critical deficiencies. The Commissioner's failure to comply with a legislative mandate is plainly unacceptable, and serves as an impediment to meaningful workers compen- sation reform.
Fiscal impact
To be determined.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.