S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5135
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. SCHIMMINGER, JONES, GOODELL -- Multi-Sponsored by
   -- M. of A.  GALEF, KOLB -- read once and referred to the Committee on
   Codes
 
 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03904-01-9