S T A T E O F N E W Y O R K
________________________________________________________________________
1770
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
___________
Introduced by M. of A. JEAN-PIERRE, WILLIAMS, FERNANDEZ, DICKENS,
BARRON, J. RIVERA, DAVILA, RICHARDSON, ABBATE, COOK, SIMON -- 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
HERSELF 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[.]; AND
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.
LBD04829-01-1