Senate Bill S3521

2025-2026 Legislative Session

Relates to presumptions for injured workers who have not refused an offer of reemployment

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2025-S3521 (ACTIVE) - Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7865
2019-2020: S1985
2021-2022: S6372
2023-2024: S5575

2025-S3521 (ACTIVE) - Summary

Relates to the presumption that an injured worker who has not refused an offer of reemployment from their employer has not voluntarily withdrawn from the labor market for compensation purposes.

2025-S3521 (ACTIVE) - Sponsor Memo

2025-S3521 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3521
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation  to  presump-
   tions  for  injured workers who have not refused an offer of reemploy-
   ment

   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] THEM-
 SELF 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 medical and surgical reports introduced in
 evidence by claimants for  compensation  shall  constitute  prima  facie
 evidence of fact as to the matter contained therein.
   6. THAT AN INJURED WORKER WHO HAS NOT REFUSED AN OFFER OF REEMPLOYMENT
 FROM THEIR EMPLOYER HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR MARKET.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07418-01-5

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