Assembly Bill A1770

2021-2022 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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2021-A1770 (ACTIVE) - Details

See Senate Version of this Bill:
S6374
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
2019-2020: A5075, S2061
2023-2024: A1499, S4030

2021-A1770 (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.

2021-A1770 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1770
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  JEAN-PIERRE,  WILLIAMS,  FERNANDEZ, DICKENS,
   BARRON, J. RIVERA, DAVILA, 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
 HERSELF 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[.]; AND
   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.
                                                            LBD04829-01-1

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