| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2020 |
referred to labor |
| Jan 22, 2019 |
referred to labor |
Senate Bill S2061
2019-2020 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Labor Committee
Actions
2019-S2061 (ACTIVE) - Details
2019-S2061 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2061
SPONSOR: SAVINO
TITLE OF BILL:
An act to amend the workers' compensation law, in relation to presump-
tions in opioid overdose claims for compensation
PURPOSE:
To adequately compensate survivors of workers killed a consequence of
treatment for a workplace injury.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends section 21 of the Workers' Compensation
Law to create a presumption that the death of an injured worker of an
opioid overdose is compensable if that injured worker was prescribed
opioids to treat a workplace injury.
Section 2 of this bill provides that it shall become effective imme-
2019-S2061 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2061
2019-2020 Regular Sessions
I N S E N A T E
January 22, 2019
___________
Introduced by Sen. SAVINO -- 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 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.
LBD05604-01-9
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