Bill Text: NY A06201 | 2019-2020 | General Assembly | Introduced


Bill Title: Limits liability for compensation in cases when the claim is made by an employee who sustained his or her injury during the commission of certain felonies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to labor [A06201 Detail]

Download: New_York-2019-A06201-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6201
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      March 4, 2019
                                       ___________
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Labor
        AN ACT to amend the workers' compensation law, in relation  to  limiting
          liability  for  compensation  in  cases  when  the claim is made by an
          employee who sustained his or her  injury  during  the  commission  of
          certain felonies
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 10 of  the  workers'  compensation
     2  law, as amended by chapter 924 of the laws of 1990, is amended and a new
     3  subdivision 5 is added to read as follows:
     4    1.  Every  employer  subject  to this chapter shall in accordance with
     5  this chapter, except as  otherwise  provided  in  section  twenty-five-a
     6  [hereof]  of  this article, secure compensation to his employees and pay
     7  or provide compensation for their disability or death from injury  aris-
     8  ing  out  of and in the course of the employment without regard to fault
     9  as a cause of the injury, except that there shall be  no  liability  for
    10  compensation  under  this  chapter when the injury has been solely occa-
    11  sioned by intoxication from alcohol or a  controlled  substance  of  the
    12  injured  employee  while  on duty; or by wilful intention of the injured
    13  employee to bring about the injury or death of himself or another; or by
    14  the commission of an offense  specified  in  subdivision  five  of  this
    15  section;  or  where  the  injury was sustained in or caused by voluntary
    16  participation in an off-duty athletic activity not constituting part  of
    17  the  employee's work related duties unless the employer (a) requires the
    18  employee to participate in such activity, (b) compensates  the  employee
    19  for  participating in such activity or (c) otherwise sponsors the activ-
    20  ity.
    21    5. There shall be no liability for  compensation  under  this  chapter
    22  when the injury has been solely occasioned through the commission by the
    23  injured employee of an offense specified in section eleven hundred nine-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06667-01-9

        A. 6201                             2
     1  ty-two  or eleven hundred ninety-two-a of the vehicle and traffic law or
     2  an offense specified in article one hundred twenty, one hundred  twenty-
     3  one,  one  hundred thirty or one hundred thirty-five of the penal law or
     4  an  offense specified in section 125.10 (criminally negligent homicide),
     5  125.11 (aggravated criminally  negligent  homicide),  125.12  (vehicular
     6  manslaughter  in  the  second degree), 125.13 (vehicular manslaughter in
     7  the  first  degree),  125.14  (aggravated  vehicular  homicide),  125.15
     8  (manslaughter  in  the second degree), 125.20 (manslaughter in the first
     9  degree), 125.21 (aggravated manslaughter in the second  degree),  125.22
    10  (aggravated  manslaughter  in  the  first degree), 125.25 (murder in the
    11  second degree), 125.26 (aggravated murder)  or  125.27  (murder  in  the
    12  first  degree)  of  the penal law and the employee has been convicted of
    13  such offense.  Acquittal or dismissal of charges relating to the offense
    14  shall not give rise to a presumption that the employee is  eligible  for
    15  compensation  under  this chapter. An employer who terminates or refuses
    16  to pay compensation to an employee until the termination of any  pending
    17  criminal  proceedings  shall  not  be  liable for any penalty under this
    18  chapter for non-payment of compensation.
    19    § 2. This act shall take effect immediately.
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