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A08408 Summary:

BILL NOA08408A
 
SAME ASSAME AS S08544
 
SPONSORDurso
 
COSPNSRGray, Tague, Brown E, Chang, Bendett, Angelino, Beephan, Jensen, McDonough, DeStefano, Manktelow, Slater, Williams
 
MLTSPNSRGiglio JA
 
Add §3-a, Work Comp L
 
Enacts the "Joseph Fletcher act"; permits certain claims by essential employees for compensation based on death due to COVID-19 which were previously denied or not timely filed.
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A08408 Actions:

BILL NOA08408A
 
12/13/2023referred to labor
01/03/2024referred to labor
01/25/2024amend and recommit to labor
01/25/2024print number 8408a
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A08408 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8408A
 
SPONSOR: Durso
  TITLE OF BILL: An act to amend the workers' compensation law, in relation to certain claims for death benefits based on death due to COVID-19 in memory of Joseph Fletcher; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE: To amend the workers compensation law, in relation to permitting certain claims for compensation based on death due to COVID-19; and providing for the repeal of such provision upon the expiration thereof.   SUMMARY OF PROVISIONS: Section 1. This act shall be known and may be cited as the "Joseph Fletcher act". § 2. The workers' compensation law is amended by adding a new section 3-a to read as follows: § 3-a. Reopening of claims for COVID-19 death benefits. 1. A claim for death benefits based on a diagnosis of COVID-19 resulting in the death of essential employee whose exposure was sustained in service as an essential worker as defined by executive order 202 issued March seventh, two thousand twenty and expire June twenty-fourth, two thousand twenty- one shall not be disallowed as barred by section eighteen or section twenty-eight of this chapter if such claim is filed within one year of the effective date of this section. Any subsequent claims may be filed after such period in accordance with sections eighteen and twenty-eight of this chapter. 2. The board shall permit the filing of claims for death benefits due to COVID-19 which were previously denied due to section eighteen or twen- ty-eight of this chapter prior to the effective date of this section, and shall, upon application, re-hear and determine such claims.   JUSTIFICATION: A study appearing in the Journal of Occupational and Environmental Medi- cine finds that while 87% of COVID-19 claims were for essential workers, of the 6,321 COVID-19 related deaths, only 2% resulted in a claim for death benefits under the Workers Compensation Law in 2020 and 2021. This suggests that the number of work-related death claims was significantly underreported and that the number of claims for death benefits actually filed by surviving family members of essential workers bears no relationship to the number of eligible families. These families are presently ineligible for death benefits due to the requirement that such a claim be brought within two years of death. This disparity can be caused by several factors including, but not limited to unfamiliarity with the eligibility for death benefits or whom to contact to seek those benefits; the failure of employers to properly advise surviving families of their ability to file for such benefits; language barriers and the overwhelming grief of sudden loss of a provid- er in the midst of a global pandemic. This bill provides families with one additional year from the date signed into law to file a claim for death benefits to Which they would otherwise be entitled.   LEGISLATIVE HISTORY: New bill. Same As: S. 7792 - Rhoads   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately and shall expire and be deemed repealed two years after such date.
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A08408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8408--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    December 13, 2023
                                       ___________
 
        Introduced  by  M.  of  A. DURSO, GRAY, TAGUE, E. BROWN, CHANG, BENDETT,
          ANGELINO, BEEPHAN, JENSEN,  McDONOUGH,  DeSTEFANO  --  read  once  and
          referred  to the Committee on Labor -- recommitted to the Committee on
          Labor in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN  ACT  to  amend the workers' compensation law, in relation to certain
          claims for death benefits based on death due to COVID-19 in memory  of
          Joseph  Fletcher; and providing for the repeal of such provisions upon
          the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Joseph Fletcher act".
     3    § 2. The workers' compensation law is amended by adding a new  section
     4  3-a to read as follows:
     5    § 3-a. Reopening of claims for COVID-19 death benefits. 1. A claim for
     6  death  benefits  based on a diagnosis of COVID-19 resulting in the death
     7  of the essential employee whose exposure was sustained in service as  an
     8  essential worker as defined by executive order 202 issued March seventh,
     9  two  thousand  twenty and expired June twenty-fourth, two thousand twen-
    10  ty-one shall not be disallowed as barred by section eighteen or  section
    11  twenty-eight  of  this chapter if such claim is filed within one year of
    12  the effective date of this section. Any subsequent claims may  be  filed
    13  after  such period in accordance with sections eighteen and twenty-eight
    14  of this chapter.
    15    2. The board shall permit the filing of claims for death benefits  due
    16  to  COVID-19  which  were  previously  denied due to section eighteen or
    17  twenty-eight of this  chapter  prior  to  the  effective  date  of  this
    18  section, and shall, upon application, re-hear and determine such claims.
    19    §  3.  This  act shall take effect immediately and shall expire and be
    20  deemed repealed two years after such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11758-05-4
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