Bill Text: NY A05135 | 2019-2020 | General Assembly | Introduced

Bill Title: Exempts from workers' compensation coverage an injury or occupational disease sustained in the perpetration by the employee of a felony or misdemeanor for which the employee is convicted.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-02-07 - referred to codes [A05135 Detail]

Download: New_York-2019-A05135-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
        Introduced by M. of A. SCHIMMINGER, JONES, GOODELL -- Multi-Sponsored by
          -- M. of A.  GALEF, KOLB -- read once and referred to the Committee on
        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    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.