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S5505Senate2015-2016 SessionSame asA6991

Relates to subjecting a death benefit to apportionment in proportion to causation

Sponsor George AmedoreSD-46Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
George Amedore

Senator · Senate District 46

Chair, Alcoholism And Drug Abuse

No co-sponsors yet.

History

  1. Referred to labor
  2. 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.

A6991Assembly

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.