Senate Bill S8867

                                 
BILL NUMBER: S8867

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to including
Lyme disease and other tick-borne diseases as occupational diseases for
purposes of workers' compensation

 
PURPOSE OF THE BILL::

This bill would add Lyme Disease and other tick-borne diseases to the
list of occupational diseases where compensation shall be payable for
disabilities sustained or death incurred by an employee under the Work-
ers' Compensation Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

§ 1 - Amends paragraph 30 of subdivision 2 of section 3 of the Workers'
Compensation Law, as renumbered by chapter 665 of the laws of 1971, is
renumbered paragraph 31 and a new paragraph 30 is added to include Lyme
Disease and other tick-borne diseases as covered under workers' compen-
              

sation.

§ 2 - Amends the closing paragraph of subdivision 2 of section 3 of the
Workers' Compensation Law to reflect renumbering of paragraphs.

§ 3 - Amends subdivision 9 of section 201 of the Workers' Compensation
Law by adding a new paragraph C to state that a "Disability" includes
disability caused by or in connection with Lyme disease and other tick-
borne diseases.

§ 4- Effective date.

 
JUSTIFICATION:

This vital legislation will ensure Workers' Compensation coverage for
disability caused by or in connection with Lyme disease and other tick-
borne diseases while performing work involving outdoor activity or the
treatment of animals.

Lyme disease is a lifelong illness that is exacerbated unless treated.
Unfortunately, Lyme disease, its co-infections and other tick-borne
diseases are generally hard to diagnose because their symptoms often
mimic those of dozens of other common illnesses and can present symptoms
that are sometimes misdiagnosed as mental illness, depression, nutri-
tional deficiencies or Alzheimer's disease. Moreover, chronic Lyme
disease is still not fully recognized by many infectious disease doctors
leading to further misdiagnoses.

Although New York remains one of the states with the highest incidence
of Lyme disease, it has been reported in every state in the US. In addi-
tion to the prevalence of Lyme disease throughout the state and country,
there are more than a dozen other tick-borne illnesses in the United
States. One tick may carry more than one disease, resulting in people
receiving a "co-infection" from a single tick bite. Climate change is
causing New York to experience longer and more severe tick seasons, with
the majority of tick-to-human bites occurring in the warmer months when

ticks are most active and when more people are outdoors for recreation
or work.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rules or regulations necessary for the implementa-
tion of this act on its effective date are authorized to be made on or
before such effective date.