NY INJURED WORKERS’ ALLIANCE CALLS FOR OPPOSITION TO WCB PROPOSAL TO INITIATE ELECTRONIC RECORDING

Two years ago in October 2009, the Senate Labor Committee under the chairmanship of George Onorato conducted a hearing on the WCB proposal to introduce electronic recordings of hearings.  The Committee concluded that the Board’s action contravened WCL §122 which:

“requires the use of stenographers to record and transcribe the hearings and to certify to the   accuracy of the hearings transcripts.  Previously in 2006, the Legislature rejected an effort by the Workers’ Compensation Board to amend section 122 to allow the electronic recording of hearings.”  [2009-2010 Report of the New York State Senate Standing Committee on Labor, p.6]

Notwithstanding the Senate Labor Committee’s admonishment, the WCB

 “went ahead and signed a 3-year contract for $916,960 to use electronic recording at at workers’ compensation hearings throughout the state.  The Senate responded to the Committee’s findings that the digital-audio program was not allowed without legislative authorization by recommending that $916,160 be cut from the proposed state budget,”  [Report, p. 7].  As it turned out, the contract was with a Canadian company!!

In this instance, the WCB assumed budget authority equaled legal authority.  Nearly $1 Million does not excuse bad behavior even for a state agency.  Rogue conduct may be fashionable elsewhere but not in NYS.

The WCB has published proposed regulations in the State Register to accomplish by regulation that which the Legislature clearly has opposed and, in fact, determined to be contrary to the law.  What part of “no” does the Board not understand!!!!

This is merely one more example of an agency that has gone “rogue” to accomplish its own agenda.  This action is not unlike the WCB’s determination to make the new Medical Treatment Guidelines retroactive to time immemorial.  And don’t forget that the WCB still has a “MAP” up its tricky sleeve.

JOIN NYIWA IN OPPOSING THIS “ROGUE” EFFORT.  SUBMIT YOUR COMMENTS TO THE WCB AND THE STATE REGISTER!!