S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3817
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M. of A. DINOWITZ, GOTTFRIED -- 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:
   § 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
 an  advance  payment is made to an employee or to his dependents in case
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03198-01-7

 A. 3817                             2
 
 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.
   § 2. This act shall take effect immediately.