|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to labor|
|Jan 21, 2011||referred to labor|
senate Bill S2437
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2437 - Details
S2437 - Summary
Exempts from workers' compensation coverage an injury or occupational disease sustained in the perpetration by the employee of a felony or misdemeanor for which the employee is convicted.
S2437 - Sponsor Memo
BILL NUMBER:S2437 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
S2437 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2437 2011-2012 Regular Sessions I N S E N A T E January 21, 2011 ___________ Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed 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
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