New York S 3521: Relates to presumptions for injured workers who have not refused an offer of reemployment

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S03521 Summary:

BILL NOS03521 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSCARCELLA-SPANTON

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §21, Work Comp L

&nbsp

Relates to the presumption that an injured worker who has not refused an offer of reemployment from their employer has not voluntarily withdrawn from the labor market for compensation purposes.

Go to top S03521 Actions:

BILL NOS03521 

&nbsp

01/28/2025REFERRED TO LABOR

01/07/2026REFERRED TO LABOR

Go to topS03521 Committee&nbspVotes:

Go to topS03521 Floor&nbspVotes:

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

Go to topS03521 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3521

 2025-2026 Regular Sessions

 IN SENATE

 January 28, 2025
 ___________

 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] them-
 11 self 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 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 18 from their employer has not voluntarily withdrawn from the labor market.
 19 § 2. This act shall take effect immediately.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07418-01-5

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