LEGISLATIVE REVIEW COMMITTEE
MEMBER UPDATE
October, 2003
Among the several functions of the Bar’s Legislative Review Committee is to keep our members informed of proposed, pending, and adopted legislation likely to have an impact upon the practice of law.
EMPLOYMENT, LABOR, AND WORKER’S COMPENSATION
(1) An act to amend the labor law, in relation to requiring employers to provide employees who have been injured on the job information pertaining to workers` compensation
(A05002) Sponsor: Perry
Status: referred to Labor
PURPOSE:
Requires employers to provide to employees injured on the job all information necessary to file a workers` compensation claim.
SUMMARY:
The Labor law is amended by adding a new section 201-f to provide that upon injury to an employee, while in employ of an employer, such employer shall provide the employee with all information necessary to enable such employee to properly file a claim for workers` compensation benefits pursuant to the workers` compensation law.
JUSTIFICATION:
Although most workers may know of the existence of workers` compensation, and are aware of the fact that if injured, they may be entitled to apply for compensation, most are ignorant of the details of their entitlements and of the application process. While an injured worker may have a legal right to file a claim, failure on the worker`s part to meet filing deadlines and other requirements could result in denial of a claim and loss of benefits. Current law requires that the employer post certain information in the workplace, but it does not require specifically that the worker be provided with the necessary information at the time of, or in the event of sustaining injury while on the job. Enactment of this law will ensure that every worker who suffers an injury on the job is fully informed, and thereby allowed the full opportunity to apply for benefits that he/she may be legally entitled to receive.
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(2)An act to amend the workers` compensation law, in relation to the penalty for failure to post notice regarding compensation (geared towards injured farm workers)
(A03250) Sponsor: Ortiz
Status: referred to Labor
PURPOSE:
To provide for a fine when an employer fails to post a notice that it has workers` compensation insurance.
SUMMARY:
Imposes on employers a $500 penalty for each violation for failure to post the required notice informing employees of coverage under workers` compensation laws; provides that monies from any such fines shall be deposited into the uninsured employer`s fund.
JUSTIFICATION:
The law requires an employer to conspicuously post a notice in the workplace that it has obtained workers` compensation insurance. Without express notice that they may receive workers` compensation benefits, many injured farm workers are discouraged from filing claims. A common misunderstanding among farm workers is that they will have to pay their own medical bills. Also, many workers lack transportation to travel to a doctor or lawyer. Without a lawyer, workers do not understand that they may still receive benefits if they move to another state. When workers do seek medical attention after they move out of state, they often encounter reluctant medical providers who lack the necessary treatment authorization from insurance carriers because the workers never filed a claim. This bill will help to ensure that injured farm workers know their rights to workers` compensation benefits.
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(3) An act to amend the social services law and the workers` compensation law, in relation to liens for public assistance and care on workers` compensation benefit claims
(A03487) Sponsor: Barra
Status: referred to social services
PURPOSE:
Includes workers` compensation benefits among the lump sum payments subject to the lien of the department of social services for repayment of public assistance.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends section 104-b of the social services law to include workers` compensation benefits among the lump sum payments which the local department of social services can place a lien against for the repayment of public assistance and care furnished by such public welfare official on and after the date when such injuries were incurred.
JUSTIFICATION:
Under current law, workers` compensation benefits are exempt from public assistance liens. Thus, some individuals receive public assistance while they await a determination of their workers` compensation claim and are not required to repay these monies once workers` compensation pays them a retroactive lump sum for the same period of time. Similarly, Medicaid is often provided during this period and should be reimbursed by the workers` compensation carrier. Currently, private insurance companies are reimbursed for services provided which can relate to a workers` compensation case. The state can no longer afford to give away money to people who merely need a loan until they are successful in their claim for workers` compensation benefits. Local departments should be able to place a lien on these funds.
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(4) An act to amend the labor law and the workers` compensation law, in relation to prohibiting employers from avoiding workers` compensation coverage
(AO3175) Sponsor: Nolan
Status: Passed Senate and Assembly, delivered to Governor
PURPOSE:
To require employers to provide workers` compensation insurance and to prohibit retaliation against employees who require such coverage
SUMMARY:
Section one prohibits employees from firing or otherwise retaliating against employees who are covered employees under the workers` compensation law. Section two prohibits waivers of this coverage.
JUSTIFICATION:
In western New York certain employers have fired employees because they are entitled to be covered by New York State workers` compensation insurance. In some instances out of state employers have obtained waivers of the requirement to provide workers` compensation coverage.
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(5) An act to amend the workers` compensation law, in relation to liability for compensation
(A01495) Sponsor: Schimminger
Status: referred to Labor
PURPOSE:
To prohibit people from collecting workers` compensation benefits who are injured while in the process of perpetrating a felony or a misdemeanor.
SUMMARY:
Amends subdivision 1 of S 10 of the Workers` Compensation Law to include the denial of disability benefits for injuries sustained in the perpetration of a felony or misdemeanor, if convicted of a felony or misdemeanor.
JUSTIFICATION:
Since the courts have given the Workers` Compensation Board wide latitude in determining whether an employee`s conduct falls within the scope of employment, there have been instances where employees who had clearly broken the law when they were injured still received workers` compensation benefits for that injury. In one instance, the spouse of a roofing employee was awarded benefits for her husband`s death which occurred as he was in the process of stealing copper down spouts from a work site. The disability benefits law (section 205 of the Workers` Compensation Law) currently provides that no employee shall be entitled to disability benefits for any disability resulting from an injury or sickness sustained in the perpetration of a felony or misdemeanor. In ANDERSON V. COHEN , the Court of Appeals determined that there must be a causal relationship between the injury and the felony or misdemeanor. Workers` Compensation benefits should be subject to the same standards as disability benefits with regard to either a felony or misdemeanor of those making claims.
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(6) An act to amend the workers` compensation law, in relation to insurance of partners of registered limited liability partnerships and members of limited liability companies or professional service limited liability companies
(A01074) Sponsor: Colton
Status: Referred to Labor
PURPOSE:
The purpose of this bill is to include partners of limited liability partnerships and members of limited liability companies or professional service limited liability companies in the statutory description of individuals who may elect to include themselves for workers` compensation coverage. This bill would allow for partners of limited liability partnerships and members of limited liability companies and professional service limited liability companies to be treated in the same manner as partners of other types of partnerships with regard to workers` compensation coverage.
SUMMARY:
This proposal amends Workers` Compensation Law (WCL) S 54 (8) to allow partners of limited liability partnerships and members of limited liability companies and professional service limited liability companies to choose whether or not to purchase workers` compensation coverage for themselves. It in no way affects the obligation of such companies or partnerships to provide workers` compensation coverage for their employees.
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(7) An act to amend the workers` compensation law, in relation to reimbursement for chiropractic services
(A02710) Sponsor: Lopez
Status: Referred to Labor
PURPOSE:
This legislation would recognize that chiropractors provide a variety of services and to clarify that the workers` compensation system must pay for the individual modalities employed by chiropractors in rendering primary health care services to injured workers. Requires the Workers` Compensation Board to reimburse chiropractors for individual diagnostic and treatment services and modalities lawfully rendered by such chiropractor in the treatment of an injured worker.
SUMMARY:
Section 1 amends the Workers` Compensation Law to provide that the Workers` Compensation Board must reimburse chiropractors for individual services and modalities lawfully rendered by chiropractors in treatment of an injured worker.
JUSTIFICATION:
In rendering care, chiropractors, like all other primary care practitioners, engage in a number of individual diagnostic and treatment services and modalities. Most other primary care providers are compensated by the Workers` Compensation System for each discrete service rendered in diagnosing and treating injured workers. For example, the medical fee schedule under Workers` Compensation is a number of pages long, listing and compensating the full range of individual medical services employed in caring for injured workers. Although Workers` Compensation ostensibly recognizes the panoply of chiropractic services, the fee schedule virtually confines payment to electro-diagnostic services and office visits. However, there is no recognition that a variety of individual chiropractic modalities are routinely employed in accurately diagnosing and treating injured workers. This bill recognizes the full scope of chiropractic services and directs the Board to pay for individual diagnostic and treatment services and modalities rendered.
Matthew E. Pachman and J. David Eldridge are partners in the firm of Pachman, Pachman & Eldridge, of Commack, NY. Together they co-chair the Bar’s Legislative Review Committee.