Assembly Bill A732

2021-2022 Legislative Session

Relates to presumptions for injured workers who have not refused an offer of reemployment

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A732 (ACTIVE) - Details

See Senate Version of this Bill:
S6372
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11030, S7865
2019-2020: A986, S1985
2023-2024: S5575

2021-A732 (ACTIVE) - Summary

Relates to the presumption that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.

2021-A732 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    732
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. D. ROSENTHAL -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation  to  presump-
   tions  for  injured workers who have not refused an offer of reemploy-
   ment

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 21 of the workers' compensation law, subdivision 5
 as amended by chapter 268 of the laws of 1946, is  amended  to  read  as
 follows:
   §  21.  Presumptions. In any proceeding for the enforcement of a claim
 for compensation under this chapter, it shall be presumed in the absence
 of substantial evidence to the contrary:
   1. That the claim comes within the provision of this chapter[;].
   2. That sufficient notice thereof was given[;].
   3. That the injury was not occasioned by the willful intention of  the
 injured  employee  to  bring  about the injury or death of himself or of
 another[;].
   4. That the injury did not result solely from the intoxication of  the
 injured employee while on duty.
   5.  That  the  contents  of medical and surgical reports introduced in
 evidence by claimants for  compensation  shall  constitute  prima  facie
 evidence of fact as to the matter contained therein.
   6. THAT AN INJURED WORKER WHO HAS NOT REFUSED AN OFFER OF REEMPLOYMENT
 FROM  HIS  OR  HER EMPLOYER HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR
 MARKET.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04958-01-1

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