Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 22, 2014 |
enacting clause stricken committed to labor |
Jan 08, 2014 |
ordered to third reading cal.382 returned to assembly died in senate |
Jun 21, 2013 |
referred to rules delivered to senate passed assembly |
Jun 18, 2013 |
ordered to third reading rules cal.477 rules report cal.477 reported |
Jun 17, 2013 |
reported referred to rules |
Jun 12, 2013 |
reported referred to codes |
Jun 06, 2013 |
print number 7757a |
Jun 06, 2013 |
amend and recommit to labor |
Jun 03, 2013 |
referred to labor |
Assembly Bill A7757A
2013-2014 Legislative Session
Sponsored By
HEASTIE
Archive: Last Bill Status - Stricken
- 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
Bill Amendments
co-Sponsors
Helene Weinstein
2013-A7757 - Details
- See Senate Version of this Bill:
- S5754
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §11, Work Comp L
2013-A7757 - Summary
Relates to contesting personal injury or wrongful death actions; provides that determinations made by the workers' compensation board or ALJ as to cause of injury, degree of disability and/or permanency of injury shall not be given preclusive effect in any other forum, court or proceeding.
2013-A7757 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7757 2013-2014 Regular Sessions I N A S S E M B L Y June 3, 2013 ___________ Introduced by M. of A. HEASTIE, WEINSTEIN -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to personal injury or wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, the opening paragraph as amended by chapter 169 of the laws of 2007, the fifth undesignated paragraph as added by chapter 49 of the laws of 1999, and the closing paragraph as added by chapter 392 of the laws of 2008, is amended to read as follows: S 11. Alternative remedy. (A) The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee, his or her personal repre- sentatives, spouse, parents, dependents, distributees, or any person otherwise entitled to recover damages, contribution or indemnity, at common law or otherwise, on account of such injury or death or liability arising therefrom, except that if an employer fails to secure the payment of compensation for his or her injured employees and their dependents as provided in section fifty of this chapter, an injured employee, or his or her legal representative in case of death results from the injury, may, at his or her option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action it shall not be neces- sary to plead or prove freedom from contributory negligence nor may the defendant plead as a defense that the injury was caused by the negli- gence of a fellow servant nor that the employee assumed the risk of his or her employment, nor that the injury was due to the contributory negligence of the employee. The liability under this chapter of The New York Jockey Injury Compensation Fund, Inc. created under section two hundred thirteen-a of the racing, pari-mutuel wagering and breeding law EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11319-02-3
co-Sponsors
Helene Weinstein
2013-A7757A (ACTIVE) - Details
- See Senate Version of this Bill:
- S5754
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §11, Work Comp L
2013-A7757A (ACTIVE) - Summary
Relates to contesting personal injury or wrongful death actions; provides that determinations made by the workers' compensation board or ALJ as to cause of injury, degree of disability and/or permanency of injury shall not be given preclusive effect in any other forum, court or proceeding.
2013-A7757A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7757--A 2013-2014 Regular Sessions I N A S S E M B L Y June 3, 2013 ___________ Introduced by M. of A. HEASTIE, WEINSTEIN -- read once and referred to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to personal injury or wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11 of the workers' compensation law, as amended by chapter 635 of the laws of 1996, the opening paragraph as amended by chapter 169 of the laws of 2007, the fifth undesignated paragraph as added by chapter 49 of the laws of 1999 and the closing paragraph as added by chapter 392 of the laws of 2008, is amended to read as follows: S 11. Alternative remedy. (A) The liability of an employer prescribed by the last preceding section shall be exclusive and in place of any other liability whatsoever, to such employee, his or her personal repre- sentatives, spouse, parents, dependents, distributees, or any person otherwise entitled to recover damages, contribution or indemnity, at common law or otherwise, on account of such injury or death or liability arising therefrom, except that if an employer fails to secure the payment of compensation for his or her injured employees and their dependents as provided in section fifty of this chapter, an injured employee, or his or her legal representative in case of death results from the injury, may, at his or her option, elect to claim compensation under this chapter, or to maintain an action in the courts for damages on account of such injury; and in such an action it shall not be neces- sary to plead or prove freedom from contributory negligence nor may the defendant plead as a defense that the injury was caused by the negli- gence of a fellow servant nor that the employee assumed the risk of his or her employment, nor that the injury was due to the contributory negligence of the employee. The liability under this chapter of The New York Jockey Injury Compensation Fund, Inc. created under section two hundred [thirteen-a] TWENTY-ONE of the racing, pari-mutuel wagering and breeding law shall be limited to the provision of workers' compensation coverage to jockeys, apprentice jockeys and exercise persons licensed
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