Senate Bill S8034

2017-2018 Legislative Session

Relates to presumptions for injured workers in opioid overdose claims for compensation

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor 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

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2017-S8034 (ACTIVE) - Details

See Assembly Version of this Bill:
A11028
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2061, A5075
2021-2022: S6374, A1770
2023-2024: S4030, A1499

2017-S8034 (ACTIVE) - Summary

Relates to presumptions for the death of an injured worker due to opioid overdose where that injured worker was prescribed opioids as a result of his or her workplace injury.

2017-S8034 (ACTIVE) - Sponsor Memo

2017-S8034 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8034
 
                             I N  S E N A T E
 
                              March 21, 2018
                                ___________
 
 Introduced by Sens. ALCANTARA, SAVINO -- 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 in opioid overdose claims for compensation
 
   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 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  THE  DEATH  OF  AN  INJURED WORKER DUE TO OPIOID OVERDOSE IS
 COMPENSABLE WHERE THAT INJURED WORKER WAS PRESCRIBED OPIOIDS AS A RESULT
 OF HIS OR HER WORKPLACE INJURY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14818-01-8

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