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Assembly Bill A8408

2023-2024 Legislative Session

Relates to permitting certain claims for compensation based on death due to COVID-19 in memory of Joseph Fletcher

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Archive: Last Bill Status - Stricken

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Bill Amendments

co-Sponsors

2023-A8408 - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Add §3-a, Work Comp L

2023-A8408 - Summary

Enacts the "Joseph Fletcher act"; permits certain claims by essential employees for compensation based on death due to COVID-19 which were previously denied or not timely filed.

2023-A8408 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8408
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in  relation  to  certain
   claims  for death benefits based on death due to COVID-19 in memory of
   Joseph Fletcher; and providing for the repeal of such provisions  upon
   the expiration thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Joseph Fletcher act".
   §  2. The workers' compensation law is amended by adding a new section
 3-a to read as follows:
   § 3-A. REOPENING OF CLAIMS FOR COVID-19 DEATH BENEFITS. 1. A CLAIM FOR
 DEATH BENEFITS BASED ON A DIAGNOSIS OF COVID-19 RESULTING IN  THE  DEATH
 OF THE EMPLOYEE SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR
 SECTION  TWENTY-EIGHT  OF THIS CHAPTER IF SUCH CLAIM IS FILED WITHIN ONE
 YEAR OF THE EFFECTIVE DATE OF THIS SECTION. ANY SUBSEQUENT CLAIMS MAY BE
 FILED AFTER SUCH PERIOD IN ACCORDANCE WITH SECTIONS EIGHTEEN  AND  TWEN-
 TY-EIGHT OF THIS CHAPTER.
   2.  THE BOARD SHALL PERMIT THE FILING OF CLAIMS FOR DEATH BENEFITS DUE
 TO COVID-19 WHICH WERE PREVIOUSLY DENIED  DUE  TO  SECTION  EIGHTEEN  OR
 TWENTY-EIGHT  OF  THIS  CHAPTER  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS
 SECTION, AND SHALL, UPON APPLICATION, RE-HEAR AND DETERMINE SUCH CLAIMS.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed two years after such date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11758-03-3

co-Sponsors

multi-Sponsors

2023-A8408A (ACTIVE) - Details

Law Section:
Workers' Compensation Law
Laws Affected:
Add §3-a, Work Comp L

2023-A8408A (ACTIVE) - Summary

Enacts the "Joseph Fletcher act"; permits certain claims by essential employees for compensation based on death due to COVID-19 which were previously denied or not timely filed.

2023-A8408A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8408--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by  M.  of  A. DURSO, GRAY, TAGUE, E. BROWN, CHANG, BENDETT,
   ANGELINO, BEEPHAN, JENSEN,  McDONOUGH,  DeSTEFANO  --  read  once  and
   referred  to the Committee on Labor -- recommitted to the Committee on
   Labor in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the workers' compensation law, in relation to certain
   claims for death benefits based on death due to COVID-19 in memory  of
   Joseph  Fletcher; and providing for the repeal of such provisions upon
   the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Joseph Fletcher act".
   § 2. The workers' compensation law is amended by adding a new  section
 3-a to read as follows:
   § 3-A. REOPENING OF CLAIMS FOR COVID-19 DEATH BENEFITS. 1. A CLAIM FOR
 DEATH  BENEFITS  BASED ON A DIAGNOSIS OF COVID-19 RESULTING IN THE DEATH
 OF THE ESSENTIAL EMPLOYEE WHOSE EXPOSURE WAS SUSTAINED IN SERVICE AS  AN
 ESSENTIAL WORKER AS DEFINED BY EXECUTIVE ORDER 202 ISSUED MARCH SEVENTH,
 TWO  THOUSAND  TWENTY AND EXPIRED JUNE TWENTY-FOURTH, TWO THOUSAND TWEN-
 TY-ONE SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR  SECTION
 TWENTY-EIGHT  OF  THIS CHAPTER IF SUCH CLAIM IS FILED WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION. ANY SUBSEQUENT CLAIMS MAY  BE  FILED
 AFTER  SUCH PERIOD IN ACCORDANCE WITH SECTIONS EIGHTEEN AND TWENTY-EIGHT
 OF THIS CHAPTER.
   2. THE BOARD SHALL PERMIT THE FILING OF CLAIMS FOR DEATH BENEFITS  DUE
 TO  COVID-19  WHICH  WERE  PREVIOUSLY  DENIED DUE TO SECTION EIGHTEEN OR
 TWENTY-EIGHT OF THIS  CHAPTER  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS
 SECTION, AND SHALL, UPON APPLICATION, RE-HEAR AND DETERMINE SUCH CLAIMS.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed two years after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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