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A11028 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11028
 
                   IN ASSEMBLY
 
                                      May 31, 2018
                                       ___________
 
        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jean-Pierre)
          -- 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 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  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.
                                                                   LBD14818-01-8
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