Bill Text: NY A01770 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2022-01-05 - referred to labor [A01770 Detail]

Download: New_York-2021-A01770-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1770

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by  M.  of  A.  JEAN-PIERRE,  WILLIAMS,  FERNANDEZ, DICKENS,
          BARRON, J. RIVERA, DAVILA, RICHARDSON, ABBATE,  COOK,  SIMON  --  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:

     1    Section  1. Section 21 of the workers' compensation law, subdivision 5
     2  as amended by chapter 268 of the laws of 1946, is  amended  to  read  as
     3  follows:
     4    §  21.  Presumptions. In any proceeding for the enforcement of a claim
     5  for compensation under this chapter, it shall be presumed in the absence
     6  of substantial evidence to the contrary:
     7    1. That the claim comes within the provision of this chapter;
     8    2. That sufficient notice thereof was given;
     9    3. That the injury was not occasioned by the willful intention of  the
    10  injured  employee  to  bring  about  the  injury  or death of himself or
    11  herself or of another;
    12    4. That the injury did not result solely from the intoxication of  the
    13  injured employee while on duty[.];
    14    5.  That  the  contents  of medical and surgical reports introduced in
    15  evidence by claimants for  compensation  shall  constitute  prima  facie
    16  evidence of fact as to the matter contained therein[.]; and
    17    6.  That  the  death  of  an  injured worker due to opioid overdose is
    18  compensable where that injured worker was prescribed opioids as a result
    19  of his or her workplace injury.
    20    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04829-01-1