Assembly Bill A5075

2019-2020 Legislative Session

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

download bill text pdf

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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

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2019-A5075 (ACTIVE) - Details

See Senate Version of this Bill:
S2061
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11028, S8034
2021-2022: A1770, S6374
2023-2024: A1499, S4030

2019-A5075 (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.

2019-A5075 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5075
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. JEAN-PIERRE, WILLIAMS, FERNANDEZ, DICKENS, ORTIZ,
   D'URSO,  BARRON,  ARROYO,  RIVERA, DAVILA, MOSLEY, RICHARDSON, ABBATE,
   COOK, SIMON -- read once and referred 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.
                                                            LBD05604-01-9

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