Senate Bill S6372

2021-2022 Legislative Session

Relates to presumptions for injured workers who have not refused an offer of reemployment

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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2021-S6372 (ACTIVE) - Details

See Assembly Version of this Bill:
A732
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7865, A11030
2019-2020: S1985, A986
2023-2024: S5575

2021-S6372 (ACTIVE) - Summary

Relates to the presumption that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.

2021-S6372 (ACTIVE) - Sponsor Memo

2021-S6372 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6372
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by  Sen.  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  for  injured workers who have not refused an offer of reemploy-
   ment

   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 AN INJURED WORKER WHO HAS NOT REFUSED AN OFFER OF REEMPLOYMENT
 FROM  HIS  OR  HER EMPLOYER HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR
 MARKET.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04958-01-1

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