Assembly Bill A4457

2025-2026 Legislative Session

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

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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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2025-A4457 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §21, Work Comp L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11028
2019-2020: A5075
2021-2022: A1770
2023-2024: A1499

2025-A4457 (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 such injured worker's workplace injury.

2025-A4457 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4457
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of  A.  O'PHARROW  --  read once and referred 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]  THE
 INJURED EMPLOYEE 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 VERIFIED medical and surgical  reports  intro-
 duced  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 SUCH INJURED WORKER'S 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.
                                                            LBD05131-01-5

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