New York A 4457: Relates to presumptions for injured workers in opioid overdose claims for compensation

Bill Text

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A04457 Summary:

BILL NOA04457 

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SAME ASNo Same As

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SPONSORO'Pharrow

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COSPNSR

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MLTSPNSR

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Amd §21, Work Comp L

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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 such injured worker's workplace injury.

Go to top A04457 Actions:

BILL NOA04457 

&nbsp

02/04/2025referred to labor

01/07/2026referred to labor

Go to topA04457 Committee&nbspVotes:

Go to topA04457 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04457 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4457

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. O'PHARROW -- 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] the
 11 injured employee 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 verified medical and surgical reports intro-
 15 duced in evidence by claimants for compensation shall constitute prima
 16 facie 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 such injured worker's 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.
 LBD05131-01-5

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