Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to labor |
Jan 12, 2009 |
referred to labor |
Assembly Bill A1844
2009-2010 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - In Assembly 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
Actions
2009-A1844 (ACTIVE) - Details
2009-A1844 (ACTIVE) - Summary
Exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers' compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to the nature of employment.
2009-A1844 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1844 2009-2010 Regular Sessions I N A S S E M B L Y January 12, 2009 ___________ Introduced by M. of A. DINOWITZ, GOTTFRIED, CLARK, MAISEL, JOHN -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, GALEF, JAFFEE, MAYER- SOHN, McDONOUGH, McENENY, SPANO, THIELE -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to occupa- tional disease caused by tobacco smoke in the work place THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 28 of the workers' compensation law, as amended by chapter 659 of the laws of 1984, is amended to read as follows: S 28. Limitation of right to compensation. The right to claim compen- sation under this chapter shall be barred, except as hereinafter provided, unless within two years after the accident, or if death results therefrom within two years after such death, a claim for compen- sation shall be filed with the chairman, but the employer and insurance carrier shall be deemed to have waived the bar of the statute unless the objection to the failure to file the claim within two years is raised on the first hearing on such claim at which all parties in interest are present. The right of an employee to claim compensation under this chapter for disablement caused by any occupational disease including but not limited to compressed air illness or its sequelae, silicosis or other dust disease, latent or delayed pathological bone, blood or lung changes or malignancies due to occupational exposure to or contact with arsenic, benzol, beryllium, zirconium, cadmium, chrome, lead or fluorine [or], to exposure to x-rays, radium, ionizing radiation, radio-active substances, or any other chemical compound OR TO OCCUPATIONAL EXPOSURE TO TOBACCO SMOKE shall not be barred by the failure of the employee to file a claim within such period of two years, provided such claim shall be filed after such period of two years and within two years after disa- blement and after the claimant knew or should have known that the disease is or was due to the nature of the employment. No case in which EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03198-01-9
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