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S00755 Summary:

S00755 Actions:

S00755 Committee Votes:

S00755 Floor Votes:

S00755 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           755
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the workers' compensation law, in relation to claims for
          mental injury premised upon extraordinary work-related stress; and  to
          amend a chapter of the laws of 2024 amending the workers' compensation
          law  relating  to claims for mental injury premised upon extraordinary
          work-related stress, as proposed in legislative bills numbers S.  6635
          and A. 5745, in relation to the effectiveness thereof
 
          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  amended  by  a chapter of the laws of 2024
     3  amending the workers' compensation law relating  to  claims  for  mental
     4  injury  premised  upon extraordinary work-related stress, as proposed in
     5  legislative bills numbers S. 6635 and A. 5745, is amended  and  two  new
     6  paragraphs (c) and (d) are added to read as follows:
     7    (b)  Where a [worker] police officer or firefighter subject to section
     8  thirty of this article, or emergency medical technician,  paramedic,  or
     9  other  person certified to provide medical care in emergencies, or emer-
    10  gency dispatcher files a claim for mental injury premised upon  extraor-
    11  dinary work-related stress incurred [at work] in a work-related emergen-
    12  cy, the board may not disallow the claim upon a factual finding that the
    13  stress was not greater than that which usually occurs in the normal work
    14  environment.
    15    (c)  The  board  may not disallow a claim by a covered employee upon a
    16  factual finding that the stress was not greater than that which  usually
    17  occurs  in  the normal work environment where a claim for post-traumatic
    18  stress disorder (PTSD), acute stress disorder or major depressive disor-
    19  der resulting from work-related  stress  is  filed  upon  submission  of
    20  medical  evidence  based on the criteria contained in the version of the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02831-01-5
        S. 755                              2
 
     1  Diagnostic and Statistical Manual of Mental Disorders in effect  on  the
     2  date  of  accident,  or as otherwise adopted by the board, provided that
     3  such adoption shall be no more stringent than the current or immediately
     4  preceding  version  of  the  Diagnostic and Statistical Manual of Mental
     5  Disorders. Such covered employee must  demonstrate  that  such  disorder
     6  arose  out  of  extraordinary  work-related  stress  attributable  to  a
     7  distinct work-related event or events directly related to the employment
     8  and occurring during the performance of the employee's job duties.
     9    (d) Nothing in paragraphs (b) and (c) of this subdivision shall  apply
    10  to a claim for mental injury due to a work-related physical injury.
    11    §  2. Section 2 of a chapter of the laws of 2024 amending the workers'
    12  compensation law relating to claims  for  mental  injury  premised  upon
    13  extraordinary  work-related  stress,  as  proposed  in legislative bills
    14  numbers S. 6635 and A. 5745, is amended to read as follows:
    15    § 2. This act shall take effect on the [first of January next succeed-
    16  ing the date on which] one hundred eightieth day  after  it  shall  have
    17  become a law.
    18    §  3.  This act shall take effect immediately; provided, however, that
    19  section one of this act shall take effect on the same date  and  in  the
    20  same  manner  as  a  chapter  of  the laws of 2024 amending the workers'
    21  compensation law relating to claims  for  mental  injury  premised  upon
    22  extraordinary  work-related  stress,  as  proposed  in legislative bills
    23  numbers S. 6635 and A. 5745, takes effect.