Senate Bill S4030

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-S4030 (ACTIVE) - Details

See Assembly Version of this Bill:
A1499
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8034, A11028
2019-2020: S2061, A5075
2021-2022: S6374, A1770

2023-S4030 (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.

2023-S4030 (ACTIVE) - Sponsor Memo

2023-S4030 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4030
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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 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.
                                                            LBD02902-01-3

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