New York State Assembly

Bill No.:  

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

---

A11030 Summary:

BILL NO	A11030
SAME AS	SAME AS S07865
SPONSOR	Rules (Rosenthal D)
COSPNSR
MLTSPNSR
Amd §21, Work Comp L
Relates to the presumption that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.

Go to top    

---

A11030 Actions:

BILL NO	A11030
05/31/2018	referred to labor
06/05/2018	reported referred to codes
06/11/2018	reported referred to rules
06/13/2018	reported
06/13/2018	rules report cal.205
06/13/2018	ordered to third reading rules cal.205

Go to top

---

A11030 Committee Votes:

Committee:LABOR   Chair:Titus      
DATE:06/05/2018AYE/NAY:27/0  Action: Favorable refer to committee Codes        
Titus
Aye
Brabenec
Aye
Abbate
Aye
Crouch
Aye
Perry
Aye
Fitzpatrick
Aye
Ortiz
Aye
Curran
Aye
Colton
Aye
DiPietro
Absent
Benedetto
Aye
Castorina
Aye
Hevesi
Aye
Byrne
Aye
Zebrowski
Aye
Morinello
Aye
Miller
Aye
Bronson
Aye
Rodriguez
Aye
DenDekker
Aye
Skoufis
Aye
Rozic
Aye
Simon
Aye
Steck
Aye
Joyner
Aye
Barnwell
Aye
Richardson
Excused
Rosenthal
Aye
Espinal
Aye

Committee:CODES   Chair:Lentol      
DATE:06/11/2018AYE/NAY:20/0  Action: Favorable refer to committee Rules        
Lentol
Aye
Curran
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
Titus
Aye
Garbarino
Aye
O'Donnell
Excused
Lavine
Aye
Perry
Aye
Zebrowski
Excused
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye

Committee:RULES   Chair:Heastie      
DATE:06/13/2018AYE/NAY:29/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Excused
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

Go to top

---

A11030 Floor Votes:

Go to top

---

A11030 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11030
 
                   IN ASSEMBLY
 
                                      May 31, 2018
                                       ___________
 
        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. D. Rosen-
          thal) -- read once and referred 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 or of
    11  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  his  or  her employer has not voluntarily withdrawn from the labor
    19  market.
    20    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14817-01-8

Go to top