Bill Text: NY S01985 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the presumption that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO LABOR [S01985 Detail]
Download: New_York-2019-S01985-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1985 2019-2020 Regular Sessions IN SENATE January 18, 2019 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to presump- tions for injured workers who have not refused an offer of reemploy- ment The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 21 of the workers' compensation law, subdivision 5 2 as amended by chapter 268 of the laws of 1946, is amended to read as 3 follows: 4 § 21. Presumptions. In any proceeding for the enforcement of a claim 5 for compensation under this chapter, it shall be presumed in the absence 6 of substantial evidence to the contrary: 7 1. That the claim comes within the provision of this chapter[;]. 8 2. That sufficient notice thereof was given[;]. 9 3. That the injury was not occasioned by the willful intention of the 10 injured employee to bring about the injury or death of himself or of 11 another[;]. 12 4. That the injury did not result solely from the intoxication of the 13 injured employee while on duty. 14 5. That the contents of medical and surgical reports introduced in 15 evidence by claimants for compensation shall constitute prima facie 16 evidence of fact as to the matter contained therein. 17 6. That an injured worker who has not refused an offer of reemployment 18 from his or her employer has not voluntarily withdrawn from the labor 19 market. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01032-01-9