S T A T E O F N E W Y O R K
________________________________________________________________________
695
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
Introduced by M. of A. CRUZ, ANGELINO, DURSO, JENSEN, McDONOUGH, MANKTE-
LOW, RAGA -- Multi-Sponsored by -- M. of A. GIGLIO -- 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 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deemed repealed two years after such date.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.
LBD01700-01-5
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