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Sponsors
No co-sponsors yet.
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Exempts injuries or occupational diseases sustained in perpetration of a felony or misdemeanor from workers' compensation coverage
In Assembly Committee · Labor · Sponsor Robin Schimminger
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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
2007-2008 - Labor
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.