Enacts the "Joseph Fletcher act"; permits certain claims by essential employees for compensation based on death due to COVID-19 which were previously denied or not timely filed.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9804
SPONSOR: Cruz TITLE OF BILL:
An act to amend the workers' compensation law, in relation to certain
claims for death benefits based on death due to COVID-19 in memory of
Joseph Fletcher; and providing for the repeal of such provisions upon
the expiration thereof
PURPOSE:
To amend the workers compensation law, in relation to permitting certain
claims for compensation based on death due to COVID-19; and providing
for the repeal of such provision upon the expiration thereof.
SUMMARY OF PROVISIONS:
Section 1. This act shall be known and may be cited as the "Joseph
Fletcher act".
§ 2. The workers' compensation law is amended by adding a new section
3-a to read as follows:
§ 3-a. Reopening of claims for COVID-19 death benefits. 1. A claim for
death benefits based on a diagnosis of COVID-19 resulting in the death
of essential employee whose exposure was sustained in service as an
essential worker as defined by executive order 202 issued March seventh,
two thousand twenty and expire June twenty-fourth, two thousand twenty-
one shall not be disallowed as barred by section eighteen or section
twenty-eight of this chapter if such claim is filed within one year of
the effective date of this section. Any subsequent claims may be filed
after such period in accordance with sections eighteen and twenty-eight
of this chapter.
2. The board shall permit the filing of claims for death benefits due to
COVID-19 which were previously denied due to section eighteen or twen-
ty-eight of this chapter prior to the effective date of this section,
and shall, upon application, re-hear and determine such claims.
JUSTIFICATION:
A study appearing in the Journal of Occupational and Environmental Medi-
cine finds that while 87% of COVID-19 claims were for essential workers,
of the 6,321 COVID-19 related deaths, only 2% resulted in a claiM for
death benefits under the Workers Compensation Law in 2020 and 2021. This
suggests that the number of work-related death claims was significantly
underreported and that the number of claims for death benefits actually
filed by surviving family members of essential workers bears no
relationship to the number of eligible families. These families are
presently ineligible for death benefits due to the requirement that such
a claim be brought within two years of death.
This disparity can be caused by several factors including, but not
limited to unfamiliarity with the eligibility for death benefits or whom
to contact to seek those benefits; the failure of employers to properly
advise surviving families of their ability to file for such benefits;
language barriers and the overwhelming grief of sudden loss of a provid-
er in the midst of a global pandemic.
This bill provides families with one additional year from the date
signed into law to file a claim for death benefits to which they would
otherwise be entitled.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed two years after such date.
STATE OF NEW YORK
________________________________________________________________________
9804
IN ASSEMBLY
April 9, 2024
___________
Introduced by M. of A. CRUZ, DURSO, ANGELINO, JENSEN, McDONOUGH, MANKTE-
LOW -- Multi-Sponsored by -- M. of A. J. A. GIGLIO -- read once and
referred to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to certain
claims for death benefits based on death due to COVID-19 in memory of
Joseph Fletcher; and providing for the repeal of such provisions upon
the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Joseph Fletcher act".
3 § 2. The workers' compensation law is amended by adding a new section
4 3-a to read as follows:
5 § 3-a. Reopening of claims for COVID-19 death benefits. 1. A claim for
6 death benefits based on a diagnosis of COVID-19 resulting in the death
7 of the essential employee whose exposure was sustained in service as an
8 essential worker as defined by executive order 202 issued March seventh,
9 two thousand twenty and expired June twenty-fourth, two thousand twen-
10 ty-one shall not be disallowed as barred by section eighteen or section
11 twenty-eight of this chapter if such claim is filed within one year of
12 the effective date of this section. Any subsequent claims may be filed
13 after such period in accordance with sections eighteen and twenty-eight
14 of this chapter.
15 2. The board shall permit the filing of claims for death benefits due
16 to COVID-19 which were previously denied due to section eighteen or
17 twenty-eight of this chapter prior to the effective date of this
18 section, and shall, upon application, re-hear and determine such claims.
19 § 3. This act shall take effect immediately and shall expire and be
20 deemed repealed two years after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11758-06-4
