NY State Senate Bill 2023-S7792A

Senate Bill S7792A

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

Current Bill Status - Stricken

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 07, 2024	recommit, enacting clause stricken
Jan 25, 2024	print number 7792a
Jan 25, 2024	amend and recommit to labor
Jan 03, 2024	referred to labor
Dec 06, 2023	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7792 - Details

See Assembly Version of this Bill:: A8408
Law Section:: Workers' Compensation Law
Laws Affected:: Add §3-a, Work Comp L

2023-S7792 - 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-S7792 - Sponsor Memo

                                 
BILL NUMBER: S7792

SPONSOR: RHOADS
 
TITLE OF BILL:

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

 
PURPOSE:

To amend the workers compensation law, in relation to certain claims for
death benefits based on death due to COVID-19; and providing for the
repeal of such provision upon the expiration thereof.

 
SUMMARY OF PROVISIONS:

Section 1. The workers compensation law is amended by adding a new
section 3b to read as follows:

Reopening of claims for death caused by COVID-19. 1. A claim for compen-

sation for death based of a diagnosis of COVID-19 shall not be disal-
lowed if such claim is filed within a year of the effective date of this
section.

Section 2. The board shall permit the filing of claims for death due to
COVID-19 which was previously denied.

 
JUSTIFICATION:

A study appearing in the Journal of Occupational and Environmental Medi-
cine finds that while 87% of COVID-19 claims were for essential workers,
of the 6,321 COVID-19 related deaths, only 2% resulted in a claim for
death benefits under the Workers Compensation Law in 2020 and 2021. This
suggests that the .number of work-related death claims was significantly
underreported and that the number of claims for death benefits actually
filed by surviving family members of essential workers bears no
relationship to the number of eligible families. These families are
presently ineligible for death benefits due to the requirement that such
a claim be brought within two years of death.

This disparity can be caused by several factors including, but not
limited to unfamiliarity with the eligibility for death benefits or whom
to contact to seek those benefits; the failure of employers to properly
advise surviving families of their ability to file for such benefits;
language barriers and the overwhelming grief of sudden loss of a provid-
er in the midst of a global pandemic.

This bill provides families with one additional year from the date
signed into law to file a claim for death benefits to which they would
otherwise be entitled.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.

2023-S7792 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7792
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced  by  Sen.  RHOADS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 EMPLOYEE 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  TWEN-
 TY-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.
                                                            LBD11758-03-3

co-Sponsors

View additional co-sponsors

2023-S7792A (ACTIVE) - Details

See Assembly Version of this Bill:: A8408
Law Section:: Workers' Compensation Law
Laws Affected:: Add §3-a, Work Comp L

2023-S7792A (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-S7792A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7792A

SPONSOR: RHOADS
 
TITLE OF BILL:

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

 
PURPOSE:

To amend the workers compensation law, in relation to certain claims for
death benefits based on death due to COVID-19; and providing for the
repeal of such provision upon the expiration thereof.

 
SUMMARY OF PROVISIONS:

Section 1. The workers compensation law is amended by adding a new
section 3b to read as follows:

Reopening of claims for death caused by COVID-19. 1. A claim for compen-

sation for death based of a diagnosis of COVID-19 shall not be disal-
lowed if such claim is filed within a year of the effective date of this
section.

Section 2. The board shall permit the filing of claims for death due to
COVID-19 which was previously denied.

 
JUSTIFICATION:

A study appearing in the Journal of Occupational and Environmental Medi-
cine finds that while 87% of COVID-19 claims were for essential workers,
of the 6,321 COVID-19 related deaths, only 2% resulted in a claim for
death benefits under the Workers Compensation Law in 2020 and 2021. This
suggests that the number of work-related death claims was significantly
underreported and that the number of claims for death benefits actually
filed by surviving family members of essential workers bears no
relationship to the number of eligible families. These families are
presently ineligible for death benefits due to the requirement that such
a claim be brought within two years of death.

This disparity can be caused by several factors including, but not
limited to unfamiliarity with the eligibility for death benefits or whom
to contact to seek those benefits; the failure of employers to properly
advise surviving families of their ability to file for such benefits;
language barriers and the overwhelming grief of sudden loss of a provid-
er in the midst of a global pandemic.

This bill provides families with one additional year from the date
signed into law to file a claim for death benefits to which they would
otherwise be entitled.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.

2023-S7792A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7792--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 6, 2023
                                ___________
 
 Introduced  by Sens. RHOADS, BORRELLO -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  to  the  Committee  on Labor in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee

 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.
                                                            LBD11758-04-4

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Senate Bill S7792A

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Sponsored By

Current Bill Status - Stricken

Bill Amendments

co-Sponsors

2023-S7792 - Details

2023-S7792 - Summary

2023-S7792 - Sponsor Memo

2023-S7792 - Bill Text download pdf

co-Sponsors

2023-S7792A (ACTIVE) - Details

2023-S7792A (ACTIVE) - Summary

2023-S7792A (ACTIVE) - Sponsor Memo

2023-S7792A (ACTIVE) - Bill Text download pdf

Comments