Assembly Bill A9804

2023-2024 Legislative Session

Relates to permitting certain claims for compensation based on death due to COVID-19 in memory of Joseph Fletcher

download bill text pdf

Sponsored By

Current 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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2023-A9804 (ACTIVE) - Details

See Senate Version of this Bill:
S8544
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Add §3-a, Work Comp L

2023-A9804 (ACTIVE) - Summary

Enacts the "Joseph Fletcher act"; permits certain claims by essential employees for compensation based on death due to COVID-19 which were previously denied or not timely filed.

2023-A9804 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9804
 
                           I N  A S S E M B L Y
 
                               April 9, 2024
                                ___________
 
 Introduced by M. of A. CRUZ, DURSO, ANGELINO, JENSEN, McDONOUGH, MANKTE-
   LOW  --  Multi-Sponsored  by -- M. of A. J. A. GIGLIO -- read once and
   referred to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in  relation  to  certain
   claims  for death benefits based on death due to COVID-19 in memory of
   Joseph Fletcher; and providing for the repeal of such provisions  upon
   the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Joseph Fletcher act".
   §  2. The workers' compensation law is amended by adding a new section
 3-a to read as follows:
   § 3-A. REOPENING OF CLAIMS FOR COVID-19 DEATH BENEFITS. 1. A CLAIM FOR
 DEATH BENEFITS BASED ON A DIAGNOSIS OF COVID-19 RESULTING IN  THE  DEATH
 OF  THE ESSENTIAL EMPLOYEE WHOSE EXPOSURE WAS SUSTAINED IN SERVICE AS AN
 ESSENTIAL WORKER AS DEFINED BY EXECUTIVE ORDER 202 ISSUED MARCH SEVENTH,
 TWO THOUSAND TWENTY AND EXPIRED JUNE TWENTY-FOURTH, TWO  THOUSAND  TWEN-
 TY-ONE  SHALL NOT BE DISALLOWED AS BARRED BY SECTION EIGHTEEN OR SECTION
 TWENTY-EIGHT OF THIS CHAPTER IF SUCH CLAIM IS FILED WITHIN ONE  YEAR  OF
 THE  EFFECTIVE  DATE OF THIS SECTION. ANY SUBSEQUENT CLAIMS MAY BE FILED
 AFTER SUCH PERIOD IN ACCORDANCE WITH SECTIONS EIGHTEEN AND  TWENTY-EIGHT
 OF THIS CHAPTER.
   2.  THE BOARD SHALL PERMIT THE FILING OF CLAIMS FOR DEATH BENEFITS DUE
 TO COVID-19 WHICH WERE PREVIOUSLY DENIED  DUE  TO  SECTION  EIGHTEEN  OR
 TWENTY-EIGHT  OF  THIS  CHAPTER  PRIOR  TO  THE  EFFECTIVE  DATE OF THIS
 SECTION, AND SHALL, UPON APPLICATION, RE-HEAR AND DETERMINE SUCH CLAIMS.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed two years after such date.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11758-06-4

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