ALBANY, N.Y., August 4 – Transfer of workers compensation unresolved cases to expedited hearings has been vetoed by Governor George E. Pataki

The legislation would have amended the Workers Compensation Law to require the chairman of the Workers Compensation Board to transfer all cases with issues that have not been resolved within two years to a special part for expedited hearings. If approved, the legislation would have applied to claims submitted prior to January 1, 2004.

The Governor said the chairman of the board currently has the statutory discretion to transfer cases to a special part for expedited hearing if the issues have not been resolved within two years of being raised. The purpose of transferring such cases to expedited hearing part is to resolve all outstanding issues at a single hearing.

While proponents of the bill claim that the chairman failed to use the discretionary authority to transfer cases to a special part for expedited hearing, the board strongly disagrees.The board advises me that the number of expedited hearings has increased from about 600 in 2000, to 2,800 in 2001, to more than 8,300 for the years 2003 and 2004, and nearly 6.200 in 2005.Over 9,500 expedited hearings were held in 2002, reflecting the fact that the board expedited all claims arising from the September 11, 2001 attacks on the World Trade Center. Thus, the board argues that the chairman has been effectively using this discretionary authority to expeditiously, properly, and fairly resolve claims.

In the absence of compelling evidence that would warrant divesting the chairman of discretionary authority under present law, the Governor disapproved the legislation.

The Senate sponsor of the legislation was Senator George D. Maziarz (R/C-Monroe). Assemblyman Felix Ortiz (D-Kings) was co-sponsor.