S2437-2011 Actions

• Jan 4, 2012: REFERRED TO LABOR
• Jan 21, 2011: REFERRED TO LABOR

S2437-2011 Memo

BILL NUMBER:S2437

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to liability for
compensation

PURPOSE:
To prohibit people from collecting workers' compensation
benefits who are injured while in the process of perpetrating of
felony a felony or a misdemeanor.

SUMMARY OF PROVISIONS:
Section 1: Workers' Compensation Law � 10(1) is
amended to include the denial of disability benefits for injuries
sustained in the perpetration of a felony or misdemeanor, if
convicted.
Section 2: Effective date

EXISTING LAW:
None.

JUSTIFICATION:
Since the courts have given the Workers' Compensation
Board wide latitude in determining whether an employee's conduct
falls within the scope of employment, there have been instances where
employees who had clearly broken the law when they were injured still
received workers' compensation benefits for that injury. In one
instance, the spouse of a roofing employee was awarded benefits for
her husband's death which occurred as he was in the process of
steeling copper down spouts from a work site.

The disability benefits law (� 205 of the Workers' Compensation Law)
currently provides that no employee shall be entitled to disability
benefits for any disability resulting from an injury or sickness
sustained in the perpetration of a felony or misdemeanor. In Anderson
v. Cohen, the Court of Appeals determined that there must be a causal
relationship between the injury and the felony or misdemeanor.
Workers' Compensation benefits should be subject to the same
standards as disability benefits with regard to either a felony or
misdemeanor of those making claims.

LEGISLATIVE HISTORY:
2007-08: Labor
2010:    Labor

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S2437-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2437
 2011-2012 Regular Sessions
 I N  SENATE
 January 21, 2011
 
 Introduced  by  Sen.  ALESI  -- 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  liability
 for compensation
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 10 of  the  workers'  compensation
 law,  as  amended by chapter 924 of the laws of 1990, is amended to read
 as follows:

 1. Every employer subject to this chapter  shall  in  accordance  with
 this  chapter,  except  as  otherwise  provided in section twenty-five-a
 hereof, secure compensation to his employees and pay or provide  compen
 sation  for  their disability or death from injury arising out of and in
 the course of the employment without regard to fault as a cause  of  the
 injury,  except  that there shall be no liability for compensation under
 this chapter when the injury has been solely occasioned by  intoxication
 from  alcohol or a controlled substance of the injured employee while on
 duty; or by wilful intention of the injured employee to bring about  the
 injury  or  death of himself, HERSELF or another; OR WHERE THE INJURY OR
 OCCUPATIONAL DISEASE WAS SUSTAINED BY THE INJURED EMPLOYEE IN THE PERPE
 TRATION OF A FELONY OR MISDEMEANOR FOR WHICH THE EMPLOYEE IS  CONVICTED;
 or  where  the  injury  was  sustained in or caused by voluntary partic
 ipation in an off-duty athletic activity not constituting  part  of  the
 employee's  work  related  duties  unless  the employer (a) requires the
 employee to participate in such activity, (b) compensates  the  employee
 for  participating in such activity or (c) otherwise sponsors the activ
 ity.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08240-01-1

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