There is talk of penalties under WCL § 114-a(3) for continuing proceedings without reasonable ground. Who determines whether or not there is reasonable ground for continuing a case?
WCL § 114-a(3), which was part of the 2007 Reform legislation, authorizes a penalty if a party “has instituted or continued proceedings without reasonable ground.” Streamlined conciliation will not change this penalty. If a judge determines that a case has been continued without reasonable ground, for example by objecting to a proposed decision without basis, he or she will penalize the party. Such decisions will be rendered at a hearing after giving parties an opportunity to be heard and will be subject to review under WCL § 23.
