senate Bill S5754

2013-2014 Legislative Session

Relates to contesting personal injury or wrongful death actions

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Sponsored By

Archive: Last Bill Status - In Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to labor
Jun 12, 2013 referred to labor

S5754 - Details

Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง11, Work Comp L

S5754 - Summary

Relates to contesting personal injury or wrongful death actions; provides that determinations made by the workers' compensation board or ALJ as to cause of injury, degree of disability and/or permanency of injury shall not be given preclusive effect in any other forum, court or proceeding.

S5754 - Sponsor Memo

S5754 - Bill Text download pdf

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


                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 12, 2013

Introduced  by Sen. NOZZOLIO -- 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  personal
  injury or wrongful death actions


  Section 1. Section 11 of the workers' compensation law, as amended  by
chapter  635  of  the  laws of 1996, the opening paragraph as amended by
chapter 169 of the laws of 2007, the  fifth  undesignated  paragraph  as
added  by  chapter  49  of the laws of 1999 and the closing paragraph as
added by chapter 392 of the laws of 2008, is amended to read as follows:
  S 11. Alternative remedy. (A) The liability of an employer  prescribed
by  the  last  preceding  section shall be exclusive and in place of any
other liability whatsoever, to such employee, his or her personal repre-
sentatives, spouse, parents, dependents,  distributees,  or  any  person
otherwise  entitled  to  recover  damages, contribution or indemnity, at
common law or otherwise, on account of such injury or death or liability
arising therefrom, except that  if  an  employer  fails  to  secure  the
payment  of  compensation  for  his  or  her injured employees and their
dependents as provided in section fifty  of  this  chapter,  an  injured
employee,  or  his  or her legal representative in case of death results
from the injury, may, at his or her option, elect to claim  compensation
under  this  chapter, or to maintain an action in the courts for damages
on account of such injury; and in such an action it shall not be  neces-
sary  to plead or prove freedom from contributory negligence nor may the
defendant plead as a defense that the injury was caused  by  the  negli-
gence  of a fellow servant nor that the employee assumed the risk of his
or her employment, nor that the  injury  was  due  to  the  contributory
negligence  of the employee. The liability under this chapter of The New
York Jockey Injury Compensation Fund, Inc.  created  under  section  two
hundred  [thirteen-a] TWENTY-ONE of the racing, pari-mutuel wagering and
breeding law shall be limited to the provision of workers'  compensation
coverage  to  jockeys,  apprentice jockeys and exercise persons licensed
under article two or four of the racing, pari-mutuel wagering and breed-


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