BILL NUMBER: S661

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to providing
a claim-filing opportunity for the widows and dependents of workers who
died as a result of cancer caused by exposure to diesel exhaust

 
PURPOSE:

An act to temporarily amend the worker's compensation law for death
benefits with relation to cancers caused by diesel exhaust exposure.

 
SUMMARY OF PROVISIONS:

In adopting this act (new workers compensation law 16-a), it is the
intent of the legislature to allow for a filing of a claim within one
year from the effective date of this section for death benefits due to
cancer caused by exposure to diesel exhaust, superseding other legal
provisions which would bar such claims due to time-constraints.
              

 
EXISTING LAW:

Workers' Compensation Law Sections 16, 18, 28, 45.

 
JUSTIFICATION:

The exposure of workers to diesel exhaust within the transportation
industry is extensive and damaging. The international Research on Cancer
(IARC) of the World Health Organization (WHO), together with other
scientific groups, has recently recognized that diesel exhaust is a
Class 1 carcinogen. The public policy of the State of New York states
that workers compensation benefits shall be provided to the dependents
of workers who die as a result of workplace accidents and illnesses.

On January 5, 2012, Anthony Nigro - after whom the bill is named - died
of lung cancer after a long career as a bus mechanic. Over the course of
his job, Mr. Nigro was regularly exposed to the harmful diesel exhaust.
Although his widow filed a timely claim for death benefits, other
widows/widowers and dependents of workers who died of cancer due to
diesel exhaust exposure are barred from filing claims for workers'
compensation benefits because the statute of limitations expired before
scientific proof of diesel exhaust as a Class 1 carcinogen became avail-
able.

In order to afford these other widows/widowers and dependents of workers
who died as a result of exhaust exposure an opportunity to file claims
for death benefits, this legislation provides a one-time opportunity to
do so within one year from the effective date of this section.

 
LEGISLATIVE HISTORY:

A8883

 
FISCAL IMPLICATIONS:

Undetermined.

 
LOCAL FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.