Bill Text: NY A04880 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the workers' compensation law, in relation to liability for compensation

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced - Dead) 2010-05-25 - held for consideration in labor [A04880 Detail]

Download: New_York-2009-A04880-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4880
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       Introduced  by  M.  of  A. SCHIMMINGER -- Multi-Sponsored by -- M. of A.
         GALEF, KOLB, MAGEE -- read once and referred to the Committee on Labor
       AN ACT to amend the workers' compensation law, in relation to  liability
         for compensation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 10 of  the  workers'  compensation
    2  law,  as  amended by chapter 924 of the laws of 1990, is amended to read
    3  as follows:
    4    1. Every employer subject to this chapter  shall  in  accordance  with
    5  this  chapter,  except  as  otherwise  provided in section twenty-five-a
    6  hereof, secure compensation to his employees and pay or provide  compen-
    7  sation  for  their disability or death from injury arising out of and in
    8  the course of the employment without regard to fault as a cause  of  the
    9  injury,  except  that there shall be no liability for compensation under
   10  this chapter when the injury has been solely occasioned by  intoxication
   11  from  alcohol or a controlled substance of the injured employee while on
   12  duty; or by wilful intention of the injured employee to bring about  the
   13  injury  or  death of himself, HERSELF or another; OR WHERE THE INJURY OR
   14  OCCUPATIONAL DISEASE WAS SUSTAINED BY THE INJURED EMPLOYEE IN THE PERPE-
   15  TRATION OF A FELONY OR MISDEMEANOR FOR WHICH THE EMPLOYEE IS  CONVICTED;
   16  or  where  the  injury  was  sustained in or caused by voluntary partic-
   17  ipation in an off-duty athletic activity not constituting  part  of  the
   18  employee's  work  related  duties  unless  the employer (a) requires the
   19  employee to participate in such activity, (b) compensates  the  employee
   20  for  participating in such activity or (c) otherwise sponsors the activ-
   21  ity.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01793-01-9