Bill Text: NY S05575 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the presumption that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO LABOR [S05575 Detail]

Download: New_York-2023-S05575-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5575

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 8, 2023
                                       ___________

        Introduced  by Sen. SCARCELLA-SPANTON -- 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  for  injured workers who have not refused an offer of reemploy-
          ment

          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 an injured worker who has not refused an offer of reemployment
    18  from  his  or  her employer has not voluntarily withdrawn from the labor
    19  market.
    20    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08588-01-3