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 his or her workplace injury.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1499
SPONSOR: Jean-Pierre TITLE OF BILL:
An act to amend the workers' compensation law, in relation to presump-
tions in opioid overdose claims for compensation
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to ensure adequate compensation for survi-
vors of injured workers who have died as the result of an opioid over-
dose.
SUMMARY OF PROVISIONS:
This bill would provide that, for the purposes of any proceeding for the
enforcement of a workers' compensation claim, the death of an injured
worker due to an opioid overdose is compensable if such injured worker
was prescribed opioids to treat a workplace injury.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
N/A
JUSTIFICATION:
Many workers injured on the job are prescribed opioids to help treat
their injuries. In light of the recent opioid epidemic sweeping the
nation, this bill would ensure that if an injured worker overdoses on
opioids that were prescribed as the result of a workplace injury, such
death would be compensable under the workers' compensation system. This
would ensure that the workers' surviving beneficiaries receive the
adequate benefits afforded under the law, due to such death ultimately
being the result of a workplace injury.
PRIOR LEGISLATIVE HISTORY:
2019-20: A5075/S2061
2021-22: A1770/S6374
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This bill would take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1499
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. JEAN-PIERRE, DAVILA, DICKENS, COOK, RIVERA,
SIMON, WILLIAMS -- 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 or
11 herself 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[.]; 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 his or her 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.
LBD02902-01-3
