Bill Text: NY A09804 | 2023-2024 | General Assembly | Introduced

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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: Slight Partisan Bill (Republican 6-2)

Status: (Introduced) 2024-04-09 - referred to labor [A09804 Detail]

Download: New_York-2023-A09804-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9804

                   IN ASSEMBLY

                                      April 9, 2024
                                       ___________

        Introduced by M. of A. CRUZ, DURSO, ANGELINO, JENSEN, McDONOUGH, MANKTE-
          LOW  --  Multi-Sponsored  by -- M. of A. J. A. GIGLIO -- 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 essential employee whose exposure was sustained in service as an
     8  essential worker as defined by executive order 202 issued March seventh,
     9  two thousand twenty and expired June twenty-fourth, two  thousand  twen-
    10  ty-one  shall not be disallowed as barred by section eighteen or section
    11  twenty-eight of this chapter if such claim is filed within one  year  of
    12  the  effective  date of this section. Any subsequent claims may be filed
    13  after such period in accordance with sections eighteen and  twenty-eight
    14  of this chapter.
    15    2.  The board shall permit the filing of claims for death benefits due
    16  to COVID-19 which were previously denied  due  to  section  eighteen  or
    17  twenty-eight  of  this  chapter  prior  to  the  effective  date of this
    18  section, and shall, upon application, re-hear and determine such claims.
    19    § 3. This act shall take effect immediately and shall  expire  and  be
    20  deemed repealed two years after such date.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11758-06-4