S T A T E O F N E W Y O R K
________________________________________________________________________
7295
2011-2012 Regular Sessions
I N A S S E M B L Y
April 28, 2011
___________
Introduced by M. of A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
GALEF, KOLB, MAGEE -- read once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to liability
for compensation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 10 of the workers' compensation
law, as amended by chapter 924 of the laws of 1990, is amended to read
as follows:
1. Every employer subject to this chapter shall in accordance with
this chapter, except as otherwise provided in section twenty-five-a
hereof, secure compensation to his employees and pay or provide compen-
sation for their disability or death from injury arising out of and in
the course of the employment without regard to fault as a cause of the
injury, except that there shall be no liability for compensation under
this chapter when the injury has been solely occasioned by intoxication
from alcohol or a controlled substance of the injured employee while on
duty; or by wilful intention of the injured employee to bring about the
injury or death of himself, HERSELF or another; OR WHERE THE INJURY OR
OCCUPATIONAL DISEASE WAS SUSTAINED BY THE INJURED EMPLOYEE IN THE PERPE-
TRATION OF A FELONY OR MISDEMEANOR FOR WHICH THE EMPLOYEE IS CONVICTED;
or where the injury was sustained in or caused by voluntary partic-
ipation in an off-duty athletic activity not constituting part of the
employee's work related duties unless the employer (a) requires the
employee to participate in such activity, (b) compensates the employee
for participating in such activity or (c) otherwise sponsors the activ-
ity.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08240-01-1