Exempts from workers' compensation coverage an injury or occupational disease sustained in the perpetration by the employee of a felony or misdemeanor for which the employee is convicted.
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.
STATE OF NEW YORK ________________________________________________________________________ 2437 2011-2012 Regular Sessions IN 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