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S03521 Summary:

BILL NO	S03521
SAME AS	No Same As
SPONSOR	SCARCELLA-SPANTON
COSPNSR
MLTSPNSR
Amd §21, Work Comp L
Relates to the presumption that an injured worker who has not refused an offer of reemployment from their employer has not voluntarily withdrawn from the labor market for compensation purposes.

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S03521 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3521
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 28, 2025
                                       ___________
 
        Introduced  by Sen. SCARCELLA-SPANTON -- 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] them-
    11  self 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.
    17    6. That an injured worker who has not refused an offer of reemployment
    18  from their employer has not voluntarily withdrawn from the labor market.
    19    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07418-01-5

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