New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.185 - Executive order no. 185: establishing a permanent labor/management committee on workers' compensation reform

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 4.185

Current through Register Vol. 46, No. 39, September 25, 2024

WHEREAS, an equitable, efficient and responsive Workers' Compensation system is essential to both labor and business and to the protection of the safety and health of workers and the creation and preservation of jobs in New York State;

WHEREAS, the initial purpose of the Workers' Compensation Law--to provide adequate, expeditious and certain compensation to workers injured on the job-- is still applicable today;

WHEREAS, it is in the best interest of employers in this state to participate in a system to provide prompt, reasonably priced, quality medical care and compensation to injured workers and to assure predictability of costs so as to allow rational business planning;

WHEREAS, it is essential that the benefits and responsibilities of the Workers' Compensation system be equitably distributed;

WHEREAS, business and labor share many common interests, including the prevention of workplace injuries and illnesses and the facilitation of an expeditious, medically appropriate return to work for injured workers;

WHEREAS, there is a need for continuing reform in the Workers' Compensation system, building on the substantial progress made in Chapter 729 of the Laws of 1993; and

WHEREAS, the success of reform is directly linked to the shaping and support of such reform by the two primary stakeholders, labor and management;

NOW, THEREFORE, I, MARIO M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby order as follows:

A. Permanent Labor/Management Committee

1. There is hereby created a Governor's Permanent Labor/Management Committee on Workers' Compensation Reform, which shall include an equal number of labor and business representatives. All members of the Committee shall be appointed by, and serve at the pleasure of, the Governor.

2. The members of the Committee shall consist of nine representatives from labor and nine representatives from business. The Chair of the Workers' Compensation Board, the Commissioner of Labor, the Superintendent of Insurance and the Director of Economic Development shall serve as ex-officio members. The Chair of the Workers' Compensation Board shall serve as chairperson of the Committee.

3. The members of the Committee shall receive no compensation, but shall be entitled to reimbursement for reasonable and necessary expenses incurred in connection with the performance of their duties.

B. Powers and Responsibilities

1. The Committee shall serve as a permanent forum where representatives from labor and management can work together to review the Workers' Compensation system and recommend improvements.

2. In developing such recommendations, the Committee may conduct public hearings, meetings and research on various issues of import to the compensation community. Such issues may include, but are not limited to, premium rates and benefit rates, workplace safety, standards for entitlement, fraud, third- party liability suits, second injury funds, coverage, efficient administration and systems modernization.

3. The Committee shall recommend legislation to improve the current Workers' Compensation system. Such legislation may include proposals relating to:
(1) the use of collective bargaining to enhance workers' compensation benefits;

(2) ways to improve worker safety in hazardous occupations;

(3) the coordination of unemployment and workers' compensation benefits;

(4) the impact of an hours-worked rather than a payroll-based premium system;

(5) the effect of third-party liability suits on workplace safety and costs;

(6) indexing maximum benefit rates to the average weekly wage; and

(7) such other issues as the Committee shall deem appropriate.

4. The Committee shall issue its first set of recommendations by December 1, 1994 or as soon thereafter as practicable. In addition, the Committee shall provide annual reports to the Governor and the Legislature beginning December 1, 1995.

C. Assistance to the Committee

1. All departments, divisions, boards, offices, and public corporations of the State are requested to cooperate with the Committee and to provide such assistance as the Committee may request to fulfill its purposes.

Signed: Mario M. CuomoDated: August 31, 1994

[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.