Assembly Bill A9143

2011-2012 Legislative Session

Limits liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies

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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2011-A9143 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §10, Work Comp L
Versions Introduced in Other Legislative Sessions:
2013-2014: A4786
2015-2016: A6694
2017-2018: A2719
2019-2020: A6201
2021-2022: A2284

2011-A9143 (ACTIVE) - Summary

Limits liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies.

2011-A9143 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9143

                          I N  A S S E M B L Y

                            January 27, 2012
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Labor

AN ACT to amend the workers' compensation law, in relation  to  limiting
  liability  for  compensation  in  cases  when  the claim is made by an
  employee who sustained his or her  injury  during  the  commission  of
  certain felonies

  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 and a new
subdivision 5 is added 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]  OF  THIS ARTICLE, secure compensation to his employees and pay
or provide compensation for their disability or death from injury  aris-
ing  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 occa-
sioned 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 or another; OR BY
THE COMMISSION OF AN OFFENSE  SPECIFIED  IN  SUBDIVISION  FIVE  OF  THIS
SECTION;  or  where  the  injury was sustained in or caused by voluntary
participation 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.
  5. THERE SHALL BE NO LIABILITY FOR  COMPENSATION  UNDER  THIS  CHAPTER
WHEN THE INJURY HAS BEEN SOLELY OCCASIONED THROUGH THE COMMISSION BY THE
INJURED EMPLOYEE OF AN OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINE-
TY-TWO  OR ELEVEN HUNDRED NINETY-TWO-A OF THE VEHICLE AND TRAFFIC LAW OR
AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED  TWENTY-
ONE,  ONE  HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THE PENAL LAW OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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