Bill Text: NY A05075 | 2019-2020 | 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 15-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A05075 Detail]

Download: New_York-2019-A05075-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5075
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced by M. of A. JEAN-PIERRE, WILLIAMS, FERNANDEZ, DICKENS, ORTIZ,
          D'URSO,  BARRON,  ARROYO,  RIVERA, DAVILA, MOSLEY, RICHARDSON, ABBATE,
          COOK, SIMON -- read once and referred 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