New York State Assembly

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

S09149 Summary:

S09149 Actions:

S09149 Committee Votes:

S09149 Floor Votes:

S09149 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9149
 
                    IN SENATE
 
                                      May 11, 2022
                                       ___________
 
        Introduced by Sen. GOUNARDES -- 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 enacting
          the justice for injured workers act
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known as the "justice for injured workers
     2  act".
     3    §  2. The workers' compensation law is amended by adding a new section
     4  118-a to read as follows:
     5    §  118-a.  Effect  of  findings  and  determinations   in   subsequent
     6  proceedings. With respect to an action for a workers' compensation claim
     7  permissible  under  this chapter, no finding or decision by the workers'
     8  compensation board, judge or other arbiter  shall  be  given  collateral
     9  estoppel  effect  in  any  other action or proceeding arising out of the
    10  same occurrence, other than the determination of  the  existence  of  an
    11  employer employee relationship.
    12    §  3. Section 11 of the workers' compensation law, as amended by chap-
    13  ter 635 of the laws of 1996, the opening paragraph as amended by section
    14  8 of part SS of chapter 59 of the laws of 2017, the  fifth  undesignated
    15  paragraph  as  added  by  chapter 49 of the laws of 1999 and the closing
    16  paragraph as added by chapter 392 of the laws of  2008,  is  amended  to
    17  read as follows:
    18    §  11.  Alternative remedy. 1. The liability of an employer prescribed
    19  by the last preceding section shall be exclusive and  in  place  of  any
    20  other liability whatsoever, to such employee, his or her personal repre-
    21  sentatives,  spouse,  parents,  dependents,  distributees, or any person
    22  otherwise entitled to recover damages,  contribution  or  indemnity,  at
    23  common law or otherwise, on account of such injury or death or liability
    24  arising  therefrom,  except  that  if  an  employer  fails to secure the
    25  payment of compensation for his  or  her  injured  employees  and  their
    26  dependents  as  provided  in  section  fifty of this chapter, an injured
    27  employee, or his or her legal representative in case  of  death  results
    28  from  the injury, may, at his or her option, elect to claim compensation
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15789-01-2
        S. 9149                             2
 
     1  under this chapter, or to maintain an action in the courts  for  damages
     2  on  account of such injury; and in such an action it shall not be neces-
     3  sary to plead or prove freedom from contributory negligence nor may  the
     4  defendant  plead  as  a defense that the injury was caused by the negli-
     5  gence of a fellow servant nor that the employee assumed the risk of  his
     6  or  her  employment,  nor  that  the  injury was due to the contributory
     7  negligence of the employee. The liability under this chapter of The  New
     8  York  Jockey  Injury  Compensation  Fund, Inc. created under section two
     9  hundred twenty-one of the racing, pari-mutuel wagering and breeding  law
    10  shall  be  limited to the provision of workers' compensation coverage to
    11  jockeys, apprentice jockeys, exercise persons, and at  the  election  of
    12  the New York Jockey Injury Compensation Fund, Inc., with the approval of
    13  the  New York state gaming commission, employees of licensed trainers or
    14  owners licensed under article two or four  of  the  racing,  pari-mutuel
    15  wagering and breeding law and any statutory penalties resulting from the
    16  failure to provide such coverage.
    17    For  purposes of this section the terms "indemnity" and "contribution"
    18  shall not include a claim or cause of action for contribution or  indem-
    19  nification  based  upon  a  provision in a written contract entered into
    20  prior to the accident or occurrence by which the employer had  expressly
    21  agreed  to  contribution to or indemnification of the claimant or person
    22  asserting the cause of action for the type of loss suffered.
    23    An employer shall not be liable for contribution or indemnity  to  any
    24  third  person based upon liability for injuries sustained by an employee
    25  acting within the scope of his  or  her  employment  for  such  employer
    26  unless  such third person proves through competent medical evidence that
    27  such employee has sustained a "grave injury" which shall mean  only  one
    28  or  more  of  the  following:  death, permanent and total loss of use or
    29  amputation of an arm, leg, hand or foot, loss of multiple fingers,  loss
    30  of multiple toes, paraplegia or quadriplegia, total and permanent blind-
    31  ness, total and permanent deafness, loss of nose, loss of ear, permanent
    32  and  severe facial disfigurement, loss of an index finger or an acquired
    33  injury to the brain caused by an external physical  force  resulting  in
    34  permanent total disability.
    35    For  purposes  of  this  section  "person" means any individual, firm,
    36  company, partnership, corporation, joint  venture,  joint-stock  associ-
    37  ation, association, trust or legal entity.
    38    The  liability under this chapter of the New York black car operators'
    39  injury compensation fund, inc. shall be limited  to:  (i)  securing  the
    40  payment of workers' compensation in accordance with article six-F of the
    41  executive  law to black car operators, as defined in such article, whose
    42  injury arose out of and in  the  course  of  providing  services  for  a
    43  central  dispatch facility, as defined in such article, that is a regis-
    44  tered member of such fund, and (ii) any statutory penalty resulting from
    45  the failure to secure such payment. The liability under this chapter  of
    46  a  central  dispatch facility, as defined in article six-F of the execu-
    47  tive law, that is a registered member of the New York black  car  opera-
    48  tors'  injury compensation fund, inc. that shall be limited to remaining
    49  a registered member in good standing of  such  fund  and  any  statutory
    50  penalty,  including loss of immunity provided by this section, resulting
    51  from the failure to become or remain a registered member in good  stand-
    52  ing  of  such fund, except, however, that such central dispatch facility
    53  shall be subject to the provisions of section one hundred thirty-one  of
    54  this  chapter  and  shall  be  liable  for any payments for which it may
    55  become responsible pursuant to such section or pursuant to section four-
    56  teen-a of this [chapter] article.
        S. 9149                             3
 
     1    The liability under this chapter of the New  York  independent  livery
     2  driver  benefit fund, inc. shall be limited to: (i) securing the payment
     3  of workers' compensation coverage to cover  those  matters  required  by
     4  article  six-G  of  the executive law for independent livery drivers, as
     5  defined  in such article, whose injury arose out of and in the course of
     6  providing covered services for a livery base, as defined in  such  arti-
     7  cle,  that  is  a registered member of such fund, and (ii) any statutory
     8  penalty resulting from the failure to secure such payment.
     9    2. Determination by the board shall not be given  collateral  estoppel
    10  effect  in any other action or proceeding arising out of the same occur-
    11  rence, other than the determination of  the  existence  of  an  employer
    12  employee relationship.
    13    § 4. This act shall take effect immediately.