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FROM THEIR EMPLOYER HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR MARKET.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