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Assembly Bill A11028

2017-2018 Legislative Session

Relates to presumptions for injured workers in opioid overdose claims for compensation

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-A11028 (ACTIVE) - Details

See Senate Version of this Bill:
S8034
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5075, S2061
2021-2022: A1770, S6374
2023-2024: A1499, S4030
2025-2026: A4457

2017-A11028 (ACTIVE) - Summary

Relates to presumptions for the death of an injured worker due to opioid overdose where that injured worker was prescribed opioids as a result of his or her workplace injury.

2017-A11028 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11028
 
                           I N  A S S E M B L Y
 
                               May 31, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
   -- read once and referred to the Committee on Labor
 
 AN  ACT  to amend the workers' compensation law, in relation to presump-
   tions in opioid overdose claims for compensation
 
   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  THE  DEATH  OF  AN  INJURED WORKER DUE TO OPIOID OVERDOSE IS
 COMPENSABLE WHERE THAT INJURED WORKER WAS PRESCRIBED OPIOIDS AS A RESULT
 OF HIS OR HER WORKPLACE INJURY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14818-01-8

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