Bill Text: NY A08408 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 8408

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Enacts the "Joseph Fletcher act"; permits certain claims by essential employees for compensation based on death due to COVID-19 which were previously denied or not timely filed.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced) 2024-04-05 - enacting clause stricken [A08408 Detail]

Download: New_York-2023-A08408-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          8408

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    December 13, 2023
                                       ___________

        Introduced  by M. of A. DURSO -- read once and referred to the Committee
          on Labor

        AN ACT to amend the workers' compensation law, in  relation  to  certain
          claims  for death benefits based on death due to COVID-19 in memory of
          Joseph Fletcher; and providing for the repeal of such provisions  upon
          the expiration thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Joseph Fletcher act".
     3    §  2. The workers' compensation law is amended by adding a new section
     4  3-a to read as follows:
     5    § 3-a. Reopening of claims for COVID-19 death benefits. 1. A claim for
     6  death benefits based on a diagnosis of COVID-19 resulting in  the  death
     7  of the employee shall not be disallowed as barred by section eighteen or
     8  section  twenty-eight  of this chapter if such claim is filed within one
     9  year of the effective date of this section. Any subsequent claims may be
    10  filed after such period in accordance with sections eighteen  and  twen-
    11  ty-eight of this chapter.
    12    2.  The board shall permit the filing of claims for death benefits due
    13  to COVID-19 which were previously denied  due  to  section  eighteen  or
    14  twenty-eight  of  this  chapter  prior  to  the  effective  date of this
    15  section, and shall, upon application, re-hear and determine such claims.
    16    § 3. This act shall take effect immediately and shall  expire  and  be
    17  deemed repealed two years after such date.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11758-03-3