S T A T E O F N E W Y O R K
________________________________________________________________________
4457
2025-2026 Regular Sessions
I N A S S E M B L Y
February 4, 2025
___________
Introduced by M. of A. O'PHARROW -- 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] THE
INJURED EMPLOYEE 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 VERIFIED medical and surgical reports intro-
duced 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 SUCH INJURED WORKER'S 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.
LBD05131-01-5
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