STATE OF NEW YORK ________________________________________________________________________ 4457 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ Introduced by M. of A. O'PHARROW -- read once and referred to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to presump- tions in opioid overdose claims for compensation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 21 of the workers' compensation law, subdivision 5 2 as amended by chapter 268 of the laws of 1946, is amended to read as 3 follows: 4 § 21. Presumptions. In any proceeding for the enforcement of a claim 5 for compensation under this chapter, it shall be presumed in the absence 6 of substantial evidence to the contrary: 7 1. That the claim comes within the provision of this chapter; 8 2. That sufficient notice thereof was given; 9 3. That the injury was not occasioned by the willful intention of the 10 injured employee to bring about the injury or death of [himself] the 11 injured employee or of another; 12 4. That the injury did not result solely from the intoxication of the 13 injured employee while on duty[.]; 14 5. That the contents of verified medical and surgical reports intro- 15 duced in evidence by claimants for compensation shall constitute prima 16 facie evidence of fact as to the matter contained therein[.]; and 17 6. That the death of an injured worker due to opioid overdose is 18 compensable where that injured worker was prescribed opioids as a result 19 of such injured worker's workplace injury. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05131-01-5