Amd §10, Work Comp L; amd §2, Chap of 2024 (as proposed in S.6635 & A.5745)
Relates to claims for mental injury premised upon extraordinary work-related stress incurred at work, including claims for post-traumatic stress disorder, acute stress disorder or major depressive disorder resulting from work-related stress when demonstrated that such disorder arose out of extraordinary work-related stress attributable to a distinct work-related event or events directly related to the employment and occurring during the performance of the employee's job duties; amends the effectiveness thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1677
SPONSOR: Reyes TITLE OF BILL:
An act to amend the workers' compensation law, in relation to claims for
mental injury premised upon extraordinary work-related stress; and to
amend a chapter of the laws of 2024 amending the workers' compensation
law relating to claims for mental injury premised upon extraordinary
work-related stress, as proposed in legislative bills numbers S. 6635
and A. 5745, in relation to the effectiveness thereof
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to amend Chapter 546 of the Laws of 2024 in
order to effectuate the intent of the law.
SUMMARY OF PROVISIONS:
Section 1:
*Reverts paragraph (b) of subdivision 3 of section 10 of the workers'
compensation law.
*Adds paragraph (c) which would clarify that claims for specific disor-
ders resulting from work related stress cannot be disallowed if certain
conditions are met.
*Clarifies that practices and standards related to mental injuries due
to work related physical injuries remain unchanged.
Section 2 sets the effective date to 180 days after it becomes law.
JUSTIFICATION:
This legislation establishes thresholds for claims due to mental stress
for all covered employees.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the workers' compen-
sation law relating to claims for mental injury premised upon extraor-
dinary work-related stress, as proposed in legislative bills numbers S.
6635 and A. 5745, takes effect.
STATE OF NEW YORK
________________________________________________________________________
1677
2025-2026 Regular Sessions
IN ASSEMBLY
January 10, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Labor
AN ACT to amend the workers' compensation law, in relation to claims for
mental injury premised upon extraordinary work-related stress; and to
amend a chapter of the laws of 2024 amending the workers' compensation
law relating to claims for mental injury premised upon extraordinary
work-related stress, as proposed in legislative bills numbers S. 6635
and A. 5745, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 3 of section 10 of the work-
2 ers' compensation law, as amended by a chapter of the laws of 2024
3 amending the workers' compensation law relating to claims for mental
4 injury premised upon extraordinary work-related stress, as proposed in
5 legislative bills numbers S. 6635 and A. 5745, is amended and two new
6 paragraphs (c) and (d) are added to read as follows:
7 (b) Where a [worker] police officer or firefighter subject to section
8 thirty of this article, or emergency medical technician, paramedic, or
9 other person certified to provide medical care in emergencies, or emer-
10 gency dispatcher files a claim for mental injury premised upon extraor-
11 dinary work-related stress incurred [at work] in a work-related emergen-
12 cy, the board may not disallow the claim upon a factual finding that the
13 stress was not greater than that which usually occurs in the normal work
14 environment.
15 (c) The board may not disallow a claim by a covered employee upon a
16 factual finding that the stress was not greater than that which usually
17 occurs in the normal work environment where a claim for post-traumatic
18 stress disorder (PTSD), acute stress disorder or major depressive disor-
19 der resulting from work-related stress is filed upon submission of
20 medical evidence based on the criteria contained in the version of the
21 Diagnostic and Statistical Manual of Mental Disorders in effect on the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02831-01-5
A. 1677 2
1 date of accident, or as otherwise adopted by the board, provided that
2 such adoption shall be no more stringent than the current or immediately
3 preceding version of the Diagnostic and Statistical Manual of Mental
4 Disorders. Such covered employee must demonstrate that such disorder
5 arose out of extraordinary work-related stress attributable to a
6 distinct work-related event or events directly related to the employment
7 and occurring during the performance of the employee's job duties.
8 (d) Nothing in paragraphs (b) and (c) of this subdivision shall apply
9 to a claim for mental injury due to a work-related physical injury.
10 § 2. Section 2 of a chapter of the laws of 2024 amending the workers'
11 compensation law relating to claims for mental injury premised upon
12 extraordinary work-related stress, as proposed in legislative bills
13 numbers S. 6635 and A. 5745, is amended to read as follows:
14 § 2. This act shall take effect on the [first of January next succeed-
15 ing the date on which] one hundred eightieth day after it shall have
16 become a law.
17 § 3. This act shall take effect immediately; provided, however, that
18 section one of this act shall take effect on the same date and in the
19 same manner as a chapter of the laws of 2024 amending the workers'
20 compensation law relating to claims for mental injury premised upon
21 extraordinary work-related stress, as proposed in legislative bills
22 numbers S. 6635 and A. 5745, takes effect.
