Bill Text: NY A00131 | 2015-2016 | General Assembly | Introduced

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Bill Title: Exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers' compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to the nature of employment.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2016-01-06 - referred to labor [A00131 Detail]

Download: New_York-2015-A00131-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          131
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. DINOWITZ, GOTTFRIED, CLARK -- Multi-Sponsored by
         -- M. of A. GALEF, JAFFEE, McDONOUGH, THIELE -- read once and referred
         to the Committee on Labor
       AN ACT to amend the workers' compensation law, in  relation  to  occupa-
         tional disease caused by tobacco smoke in the work place
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 28 of the workers' compensation law, as amended  by
    2  chapter 659 of the laws of 1984, is amended to read as follows:
    3    S 28.  Limitation of right to compensation. The right to claim compen-
    4  sation  under  this  chapter  shall  be  barred,  except  as hereinafter
    5  provided, unless within two  years  after  the  accident,  or  if  death
    6  results therefrom within two years after such death, a claim for compen-
    7  sation  shall be filed with the chairman, but the employer and insurance
    8  carrier shall be deemed to have waived the bar of the statute unless the
    9  objection to the failure to file the claim within two years is raised on
   10  the first hearing on such claim at which all  parties  in  interest  are
   11  present.    The  right  of  an employee to claim compensation under this
   12  chapter for disablement caused by any occupational disease including but
   13  not limited to compressed air illness  or  its  sequelae,  silicosis  or
   14  other  dust disease,  latent or delayed pathological bone, blood or lung
   15  changes or malignancies due to occupational exposure to or contact  with
   16  arsenic, benzol, beryllium, zirconium, cadmium, chrome, lead or fluorine
   17  [or],  to  exposure  to x-rays, radium, ionizing radiation, radio-active
   18  substances, or any other chemical compound OR TO  OCCUPATIONAL  EXPOSURE
   19  TO  TOBACCO  SMOKE shall not be barred by the failure of the employee to
   20  file a claim within such period of two years, provided such claim  shall
   21  be filed after such period of two years and within two years after disa-
   22  blement  and  after  the  claimant  knew  or  should have known that the
   23  disease is or was due to the nature of the employment.  No case in which
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01553-01-5
       A. 131                              2
    1  an advance payment is made to an employee or to his dependents  in  case
    2  of  death  shall  be barred by the failure of the employee or his depen-
    3  dents to file a claim, and the board may at any time order a hearing  on
    4  any  such case in the same manner as though a claim for compensation had
    5  been filed.
    6    S 2. This act shall take effect immediately.