A 695: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 695 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. CRUZ, ANGELINO, DURSO, JENSEN, McDONOUGH, MANKTE- LOW, RAGA -- Multi-Sponsored by -- M. of 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 This act shall take effect immediately and shall expire and be 20 deemed repealed two years after such date.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. LBD01700-01-5