senate Bill S530

Exempts injuries or occupational diseases sustained in perpetration of a felony or misdemeanor from workers' compensation coverage

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO LABOR
  • 06 / Jan / 2010
    • REFERRED TO LABOR

Summary

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Bill Details

See Assembly Version of this Bill:
A4880
Versions:
S530
Legislative Cycle:
2009-2010
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law

Sponsor Memo

BILL NUMBER: S530

TITLE OF BILL :
An act to amend the workers' compensation law, in relation to
liability for compensation


PURPOSE :
To prohibit people from collecting workers' compensation benefits who
are injured while in the process of perpetrating of felony a felony or
a misdemeanor.

SUMMARY OF PROVISIONS :
Section 1: Workers' Compensation Law § 10(1) is amended to include the
denial of disability benefits for injuries sustained in the
perpetration of a felony or misdemeanor, if convicted. Section 2:
Effective date

EXISTING LAW :
None.

JUSTIFICATION :
Since the courts have given the Workers' Compensation Board wide
latitude in determining whether an employee's conduct falls within the
scope of employment, there have been instances where employees who had
clearly broken the law when they were injured still received workers'
compensation benefits for that injury. In one instance, the spouse of
a roofing employee was awarded benefits for her husband's death which
occurred as he was in the process of steeling copper down spouts from
a work site.

The disability benefits law (§ 205 of the Workers' Compensation Law)
currently provides that no employee shall be entitled to disability
benefits for any disability resulting from an injury or sickness
sustained in the perpetration of a felony or misdemeanor. In Anderson
v. Cohen, the Court of Appeals determined that there must be a causal
relationship between the injury and the felony or misdemeanor.
Workers' Compensation benefits should be subject to the same standards
as disability benefits with regard to either a felony or misdemeanor
of those making claims.

LEGISLATIVE HISTORY :
2007-2008 - Labor

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
Immediately.
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