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Sponsors
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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.
Relates to subjecting a death benefit to apportionment in proportion to causation
In Assembly Committee · Labor · Sponsor John T. McDonald III
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5505
Title of bill
An act to amend the workers' compensation law, in relation to subjecting a death benefit to apportionment in proportion to causation
Purpose
This bill relates to subjecting a death benefit to apportionment in proportion to causation.
Summary of provisions
Section 1: Amends section 16 of the workers' compensation law to make death benefits subjected to apportionment in proportion to causation
Section 2: Sets the effective date.
Justification
In some cases, a worker who sustained a workplace injury or industrial related disease may live many years beyond the proximal harm associated with that injury or disease and/or die of causes almost entirely unre- lated to that injury. Following the New York Court of Appeals decision in Hroncich v. Con Edison, et al., for these cases, a surviving spouse can still collect the entire value of any death benefits tied to that injury regardless of the amount by which any work-related injury or illness contributed to the cause of death. This bill would remedy this outcome by subjecting the determination of spousal death benefits in these particular cases to apportionment in proportion to causation of the decedent's actual death. This bill simply applies general principles of liability apportionment to this specific category of workers' compen- sation claims involving surviving spouses at no cost to the State.
Legislative history
This is a new bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the ninetieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.