Bill Text: NY S06374 | 2021-2022 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LABOR [S06374 Detail]

Download: New_York-2021-S06374-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6374

                               2021-2022 Regular Sessions

                    IN SENATE

                                     April 26, 2021
                                       ___________

        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
    11  herself or of 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[.]; and
    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.
                                                                   LBD04829-01-1