Bill Text: NY S07865 | 2017-2018 | General Assembly | Introduced


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that an injured worker who has not refused an offer of reemployment from his or her employer has not voluntarily withdrawn from the labor market for compensation purposes.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 2-0)

Status: (Introduced - Dead) 2018-03-05 - REFERRED TO LABOR [S07865 Detail]

Download: New_York-2017-S07865-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          7865
                    IN SENATE
                                      March 5, 2018
                                       ___________
        Introduced by Sens. SAVINO, ALCANTARA -- 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    18  from his or her employer has not voluntarily withdrawn  from  the  labor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.
                                                                   LBD14817-01-8
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