S04030 Summary:
| BILL NO | S04030 |
| SAME AS | SAME AS A01499 |
| SPONSOR | SCARCELLA-SPANTON |
| COSPNSR | |
| MLTSPNSR | |
| Amd §21, Work Comp L | |
| 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. | |
S04030 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 4030 2023-2024 Regular Sessions IN SENATE February 2, 2023 ___________ 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 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. LBD02902-01-3