Dear Colleagues:
In the closing hours of this year’s legislative session, the NYSTLA government affairs team in Albany has an important update for you.
Within the last few minutes, the State Assembly passed important workers comp legislation that would correct the Auqui decision [A.7757-A (Heastie)]. This bill makes clear that decisions made at the workers’ compensation level as to causation and permanency of injury, degree of disability, lost earnings and need for future medical care will not have preclusive effect in a third-party action, thereby preserving the constitutional right to trial by jury for injured workers.
We are now monitoring proceedings in the Senate and are hopeful we will meet with equal success there, having spent many months bringing the issue to light among Senate membership.
Please stay tuned for updates.
Sincerely,
Michael E. Jaffe
President
New York State Trial Lawyers Association