Bill Text: NY A07757 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to contesting personal injury or wrongful death actions; provides that determinations made by the workers' compensation board or ALJ as to cause of injury, degree of disability and/or permanency of injury shall not be given preclusive effect in any other forum, court or proceeding.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2014-01-22 - enacting clause stricken [A07757 Detail]
Download: New_York-2013-A07757-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7757--A
2013-2014 Regular Sessions
I N A S S E M B L Y
June 3, 2013
___________
Introduced by M. of A. HEASTIE, WEINSTEIN -- read once and referred to
the Committee on Labor -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to personal
injury or wrongful death actions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 11 of the workers' compensation law, as amended by
2 chapter 635 of the laws of 1996, the opening paragraph as amended by
3 chapter 169 of the laws of 2007, the fifth undesignated paragraph as
4 added by chapter 49 of the laws of 1999 and the closing paragraph as
5 added by chapter 392 of the laws of 2008, is amended to read as follows:
6 S 11. Alternative remedy. (A) The liability of an employer prescribed
7 by the last preceding section shall be exclusive and in place of any
8 other liability whatsoever, to such employee, his or her personal repre-
9 sentatives, spouse, parents, dependents, distributees, or any person
10 otherwise entitled to recover damages, contribution or indemnity, at
11 common law or otherwise, on account of such injury or death or liability
12 arising therefrom, except that if an employer fails to secure the
13 payment of compensation for his or her injured employees and their
14 dependents as provided in section fifty of this chapter, an injured
15 employee, or his or her legal representative in case of death results
16 from the injury, may, at his or her option, elect to claim compensation
17 under this chapter, or to maintain an action in the courts for damages
18 on account of such injury; and in such an action it shall not be neces-
19 sary to plead or prove freedom from contributory negligence nor may the
20 defendant plead as a defense that the injury was caused by the negli-
21 gence of a fellow servant nor that the employee assumed the risk of his
22 or her employment, nor that the injury was due to the contributory
23 negligence of the employee. The liability under this chapter of The New
24 York Jockey Injury Compensation Fund, Inc. created under section two
25 hundred [thirteen-a] TWENTY-ONE of the racing, pari-mutuel wagering and
26 breeding law shall be limited to the provision of workers' compensation
27 coverage to jockeys, apprentice jockeys and exercise persons licensed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11319-03-3
A. 7757--A 2
1 under article two or four of the racing, pari-mutuel wagering and breed-
2 ing law and any statutory penalties resulting from the failure to
3 provide such coverage.
4 For purposes of this section the terms "indemnity" and "contribution"
5 shall not include a claim or cause of action for contribution or indem-
6 nification based upon a provision in a written contract entered into
7 prior to the accident or occurrence by which the employer had expressly
8 agreed to contribution to or indemnification of the claimant or person
9 asserting the cause of action for the type of loss suffered.
10 An employer shall not be liable for contribution or indemnity to any
11 third person based upon liability for injuries sustained by an employee
12 acting within the scope of his or her employment for such employer
13 unless such third person proves through competent medical evidence that
14 such employee has sustained a "grave injury" which shall mean only one
15 or more of the following: death, permanent and total loss of use or
16 amputation of an arm, leg, hand or foot, loss of multiple fingers, loss
17 of multiple toes, paraplegia or quadriplegia, total and permanent blind-
18 ness, total and permanent deafness, loss of nose, loss of ear, permanent
19 and severe facial disfigurement, loss of an index finger or an acquired
20 injury to the brain caused by an external physical force resulting in
21 permanent total disability.
22 For purposes of this section "person" means any individual, firm,
23 company, partnership, corporation, joint venture, joint-stock associ-
24 ation, association, trust or legal entity.
25 The liability under this chapter of the New York black car operators'
26 injury compensation fund, inc. shall be limited to: (i) securing the
27 payment of workers' compensation in accordance with article six-F of the
28 executive law to black car operators, as defined in such article, whose
29 injury arose out of and in the course of providing services for a
30 central dispatch facility, as defined in such article, that is a regis-
31 tered member of such fund, and (ii) any statutory penalty resulting from
32 the failure to secure such payment. The liability under this chapter of
33 a central dispatch facility, as defined in article six-F of the execu-
34 tive law, that is a registered member of the New York black car opera-
35 tors' injury compensation fund, inc. that shall be limited to remaining
36 a registered member in good standing of such fund and any statutory
37 penalty, including loss of immunity provided by this section, resulting
38 from the failure to become or remain a registered member in good stand-
39 ing of such fund, except, however, that such central dispatch facility
40 shall be subject to the provisions of section one hundred thirty-one of
41 this chapter and shall be liable for any payments for which it may
42 become responsible pursuant to such section or pursuant to section four-
43 teen-a of this chapter.
44 The liability under this chapter of the New York independent livery
45 driver benefit fund, inc. shall be limited to: (i) securing the payment
46 of workers' compensation coverage to cover those matters required by
47 article six-G of the executive law for independent livery drivers, as
48 defined in such article, whose injury arose out of and in the course of
49 providing covered services for a livery base, as defined in such arti-
50 cle, that is a registered member of such fund, and (ii) any statutory
51 penalty resulting from the failure to secure such payment.
52 (B) DETERMINATIONS BY THE BOARD AS TO CAUSE OF INJURY, DEGREE OF DISA-
53 BILITY, LOST EARNINGS, NEED FOR FUTURE MEDICAL CARE, AND/OR PERMANENCY
54 OF INJURY SHALL NOT BE GIVEN PRECLUSIVE EFFECT IN ANY OTHER FORUM, COURT
55 OR PROCEEDING.
56 S 2. This act shall take effect immediately.
