A New York bill to allow injured workers to litigate in the court system after administrative workers’ compensation decisions has been sent to Gov. Kathy Hochul.
Senate Bill 9149 would amend the state workers’ compensation law to state that “no finding or decision of the workers’ compensation board, judge, or other arbitrator shall be given a stay in any other action or proceeding arising out of the same occurrence, other than the determination of the existence of a relationship between employer and worker.”
Collateral estoppel, also known as ‘issue preclusion’, prevents an individual from re-litigating an issue.
Sponsors of the measure said the law needed to be updated after cases where judges excluded injured workers from the court system because of previous administrative decisions by the workers̵7; compensation board.
The bill passed both houses of the Legislature in June and was sent to Gov. Hochul’s office on Monday.
It was not immediately clear whether the governor would sign the bill into law.