Bill Text: NY A09143 | 2011-2012 | General Assembly | Introduced

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Bill Title: Limits liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-27 - referred to labor [A09143 Detail]

Download: New_York-2011-A09143-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9143
                                 I N  A S S E M B L Y
                                   January 27, 2012
                                      ___________
       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on Labor
       AN ACT to amend the workers' compensation law, in relation  to  limiting
         liability  for  compensation  in  cases  when  the claim is made by an
         employee who sustained his or her  injury  during  the  commission  of
         certain felonies
         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 and a new
    3  subdivision 5 is added to read 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]  OF  THIS ARTICLE, secure compensation to his employees and pay
    7  or provide compensation for their disability or death from injury  aris-
    8  ing  out  of and in the course of the employment without regard to fault
    9  as a cause of the injury, except that there shall be  no  liability  for
   10  compensation  under  this  chapter when the injury has been solely occa-
   11  sioned by intoxication from alcohol or a  controlled  substance  of  the
   12  injured  employee  while  on duty; or by wilful intention of the injured
   13  employee to bring about the injury or death of himself or another; OR BY
   14  THE COMMISSION OF AN OFFENSE  SPECIFIED  IN  SUBDIVISION  FIVE  OF  THIS
   15  SECTION;  or  where  the  injury was sustained in or caused by voluntary
   16  participation in an off-duty athletic activity not constituting part  of
   17  the  employee's work related duties unless the employer (a) requires the
   18  employee to participate in such activity, (b) compensates  the  employee
   19  for  participating in such activity or (c) otherwise sponsors the activ-
   20  ity.
   21    5. THERE SHALL BE NO LIABILITY FOR  COMPENSATION  UNDER  THIS  CHAPTER
   22  WHEN THE INJURY HAS BEEN SOLELY OCCASIONED THROUGH THE COMMISSION BY THE
   23  INJURED EMPLOYEE OF AN OFFENSE SPECIFIED IN SECTION ELEVEN HUNDRED NINE-
   24  TY-TWO  OR ELEVEN HUNDRED NINETY-TWO-A OF THE VEHICLE AND TRAFFIC LAW OR
   25  AN OFFENSE SPECIFIED IN ARTICLE ONE HUNDRED TWENTY, ONE HUNDRED  TWENTY-
   26  ONE,  ONE  HUNDRED THIRTY OR ONE HUNDRED THIRTY-FIVE OF THE PENAL LAW OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13479-02-1
       A. 9143                             2
    1  AN OFFENSE SPECIFIED IN SECTION 125.10 (CRIMINALLY NEGLIGENT  HOMICIDE),
    2  125.11  (AGGRAVATED  CRIMINALLY  NEGLIGENT  HOMICIDE), 125.12 (VEHICULAR
    3  MANSLAUGHTER IN THE SECOND DEGREE), 125.13  (VEHICULAR  MANSLAUGHTER  IN
    4  THE  FIRST  DEGREE),  125.14  (AGGRAVATED  VEHICULAR  HOMICIDE),  125.15
    5  (MANSLAUGHTER IN THE SECOND DEGREE), 125.20 (MANSLAUGHTER IN  THE  FIRST
    6  DEGREE),  125.21  (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE), 125.22
    7  (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE),  125.25  (MURDER  IN  THE
    8  SECOND  DEGREE),  125.26  (AGGRAVATED  MURDER)  OR 125.27 (MURDER IN THE
    9  FIRST DEGREE) OF THE PENAL LAW AND THE EMPLOYEE HAS  BEEN  CONVICTED  OF
   10  SUCH OFFENSE.  ACQUITTAL OR DISMISSAL OF CHARGES RELATING TO THE OFFENSE
   11  SHALL  NOT  GIVE RISE TO A PRESUMPTION THAT THE EMPLOYEE IS ELIGIBLE FOR
   12  COMPENSATION UNDER THIS CHAPTER. AN EMPLOYER WHO TERMINATES  OR  REFUSES
   13  TO  PAY COMPENSATION TO AN EMPLOYEE UNTIL THE TERMINATION OF ANY PENDING
   14  CRIMINAL PROCEEDINGS SHALL NOT BE LIABLE  FOR  ANY  PENALTY  UNDER  THIS
   15  CHAPTER FOR NON-PAYMENT OF COMPENSATION.
   16    S 2. This act shall take effect immediately.