Bill Text: NY A03817 | 2017-2018 | General Assembly | Introduced

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Bill Title: Exempts occupational disease caused by occupational exposure to tobacco smoke from 2 year filing limit for workers' compensation provided such claims were filed within two years of disablement and after the claimant knew or should have known that the disease was due to the nature of employment.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2018-01-03 - referred to labor [A03817 Detail]

Download: New_York-2017-A03817-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3817
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced  by  M. of A. DINOWITZ, GOTTFRIED -- Multi-Sponsored by -- M.
          of A. GALEF, JAFFEE, McDONOUGH, THIELE -- read once  and  referred  to
          the Committee on Labor
        AN  ACT  to  amend the workers' compensation law, in relation to occupa-
          tional disease caused by tobacco smoke in the work place
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 28 of the workers' compensation law, as amended by
     2  chapter 659 of the laws of 1984, is amended to read as follows:
     3    § 28.  Limitation of right to compensation. The right to claim compen-
     4  sation under  this  chapter  shall  be  barred,  except  as  hereinafter
     5  provided,  unless  within  two  years  after  the  accident, or if death
     6  results therefrom within two years after such death, a claim for compen-
     7  sation shall be filed with the chairman, but the employer and  insurance
     8  carrier shall be deemed to have waived the bar of the statute unless the
     9  objection to the failure to file the claim within two years is raised on
    10  the  first  hearing  on  such claim at which all parties in interest are
    11  present.  The right of an employee  to  claim  compensation  under  this
    12  chapter for disablement caused by any occupational disease including but
    13  not  limited  to  compressed  air  illness or its sequelae, silicosis or
    14  other dust disease,  latent or delayed pathological bone, blood or  lung
    15  changes  or malignancies due to occupational exposure to or contact with
    16  arsenic, benzol, beryllium, zirconium, cadmium, chrome, lead or fluorine
    17  [or], to exposure to x-rays, radium,  ionizing  radiation,  radio-active
    18  substances,  or  any other chemical compound or to occupational exposure
    19  to tobacco smoke shall not be barred by the failure of the  employee  to
    20  file  a claim within such period of two years, provided such claim shall
    21  be filed after such period of two years and within two years after disa-
    22  blement and after the claimant  knew  or  should  have  known  that  the
    23  disease is or was due to the nature of the employment.  No case in which
    24  an  advance  payment is made to an employee or to his dependents in case
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03198-01-7
        A. 3817                             2
     1  of death shall be barred by the failure of the employee  or  his  depen-
     2  dents  to file a claim, and the board may at any time order a hearing on
     3  any such case in the same manner as though a claim for compensation  had
     4  been filed.
     5    § 2. This act shall take effect immediately.