Relates to presumptions for the death of an injured worker due to opioid overdose where that injured worker was prescribed opioids as a result of his or her workplace injury.
STATE OF NEW YORK
________________________________________________________________________
1770
2021-2022 Regular Sessions
IN ASSEMBLY
January 11, 2021
___________
Introduced by M. of A. JEAN-PIERRE, WILLIAMS, FERNANDEZ, DICKENS,
BARRON, J. RIVERA, DAVILA, RICHARDSON, ABBATE, COOK, SIMON -- read
once and referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to presump-
tions in opioid overdose claims for compensation
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
11 herself or of 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[.]; and
17 6. That the death of an injured worker due to opioid overdose is
18 compensable where that injured worker was prescribed opioids as a result
19 of his or her workplace injury.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04829-01-1
