S T A T E   O F   N E W   Y O R K
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                                   131

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, GOTTFRIED, CLARK -- Multi-Sponsored by
  -- M. of A. GALEF, JAFFEE, McDONOUGH, 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.
              

                                                           LBD01553-01-5

A. 131                              2

an advance payment is made to an employee or to his dependents  in  case
of  death  shall  be barred by the failure of the employee or his depen-
dents to file a claim, and the board may at any time order a hearing  on
any  such case in the same manner as though a claim for compensation had
been filed.
  S 2. This act shall take effect immediately.