New York State Assembly

Bill No.:  

 
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S02061 Summary:

BILL NO	S02061
SAME AS	SAME AS A05075
SPONSOR	SAVINO
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.

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S02061 Actions:

BILL NO	S02061
01/22/2019	REFERRED TO LABOR
01/08/2020	REFERRED TO LABOR

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S02061 Committee Votes:

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S02061 Floor Votes:

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S02061 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2061
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- 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  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 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.
                                                                   LBD05604-01-9

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