BILL NUMBER: S9370

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to presump-
tive evidence for individuals who participated in the World Trade Center
rescue, recovery and clean-up operations

 
PURPOSE:

This legislation provides a presumption for workers' compensation claims
for any health impairment or death of individuals who participated in
the World Trade Center rescue, recovery and clean-up operations.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new Section 169 to the Workers' Compensation Law to
provide that Centers for Disease Control and Prevention World Trade
Center Health Program Certification shall be deemed to be presumptive
medical evidence of a causally related diagnosis for an individual
covered under such section, and provides for a two-year period after the
              

effective date of the act during which claims that were denied by the
workers' compensation board may be reified.

Section 2 is the effective date.

 
JUSTIFICATION:

There is no doubt that World Trade Center rescue and recovery workers'
exposure to toxins during clean-up operations has been extensive and
seriously damaging to their health. In fact, the CDC's World Trade
Center Health Program has defined a list of certified illnesses caused
by this exposure. The program provides funding to first responders for
medical treatment and complications derived from their response to the
9/11 terrorist attacks. Currently, the workers' compensation law does
not compel the NYS Workers' Compensation Board to accept the certif-
ications of the CDC's World Trade Center Health Program as presumptive
causation of certified illnesses. This has resulted in many valid claims
being denied.

Many of the first responders & rescue and recovery workers as defined
under article 8-A who responded to the 9/11 terrorist attacks, have had
their illnesses certified by the CDC "World Trade Center Health
Program." These workers or their surviving dependents have filed a time-
ly claim for benefits with the NYS Workers' Compensation Board and have
been denied without cause. Other dependents of workers who died of 9/11
certified illnesses are barred from filing claims for workers' compen-
sation benefits because the statute of limitations expired before the
CDC "World Trade Center Health Program" certified illnesses was accepted
as presumptive cause.

If enacted, this legislation would help first responders and rescue and
recovery workers who contracted an illness or died of a certified
illness get the benefits that they and their families deserve.

 
LEGISLATIVE HISTORY:

New bill.
 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.