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A05745 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5745
 
SPONSOR: Reyes (MS)
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to claims for mental injury premised upon extraordinary work-related stress   PURPOSE OR GENERAL IDEA OF BILL: Expands to all workers the ability to receive PTSD coverage under NYS Workers' Compensation Coverage identified work-related stress.   SUMMARY OF PROVISIONS: Amends paragraph (b) of subdivision 3 of section 10 of the workers' compensation law, as added by section 1 of subpart I of part NNN of chapter 59 of the laws of 2017 as follows: Where a worker files a claim for mental injury premised upon extraordinary work-related stress incurred the board may not disallow the claim, upon a factual finding that the stress was not greater than that which usually occurs in the normal work environment.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amended version removes an errant comma in the existing law and changes the effective date.   JUSTIFICATION: In the 2017 enacted Budget PTSD coverage was added for certain first responders who face stress--related injuries but were barred from such coverage due to court rulings that this was in the normal course of their occupation. This bill expands to cover all workers to ensure that work-related PTSD is properly identified and treated as part of the workers compensation system.   PRIOR LEGISLATIVE HISTORY: 2021-2022 - Veto 191 of 2022 2019-2020 - Referred to Labor 2017-2018 - Referred to Labor   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to State or Local Governments.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
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A05745 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5745
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 23, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  REYES,  DINOWITZ, EPSTEIN, DeSTEFANO, SIMON,
          JEAN-PIERRE, COLTON, DARLING, FORREST, CRUZ, BURGOS -- Multi-Sponsored
          by -- M. of A.  COOK -- read once and referred  to  the  Committee  on
          Labor
 
        AN ACT to amend the workers' compensation law, in relation to claims for
          mental injury premised upon extraordinary work-related stress
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (b) of subdivision 3 of section 10 of  the  work-
     2  ers' compensation law, as added by section 1 of subpart I of part NNN of
     3  chapter 59 of the laws of 2017, is amended to read as follows:
     4    (b)  Where  a [police officer or firefighter subject to section thirty
     5  of this article, or emergency medical technician,  paramedic,  or  other
     6  person  certified  to  provide medical care in emergencies, or emergency
     7  dispatcher] worker  files  a  claim  for  mental  injury  premised  upon
     8  extraordinary work-related stress incurred [in a work-related emergency]
     9  at  work, the board may not disallow the claim[,] upon a factual finding
    10  that the stress was not greater than that which usually  occurs  in  the
    11  normal work environment.
    12    §  2. This act shall take effect on the first of January next succeed-
    13  ing the date on which it shall have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08319-01-3
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