Senate BillIntroduced
S 3521: Relates to the presumption that an injured worker who has not refused an offer of reemployment from their employer has not voluntarily withdrawn from the labor market for compensation purposes.
What S 3521 does, verified January 8, 2026
The bill proposes to amend the workers' compensation law to presume certain facts in cases where an injured worker has not refused an offer of reemployment. In any proceeding for compensation, it shall be presumed that the claim comes within the provision of the law, sufficient notice was given, and the injury was not caused by the injured employee's willful intention. Additionally, the bill presumes that the contents of medical and surgical reports are prima facie evidence of the facts contained therein, and that an injured worker who has not refused an offer of reemployment has not voluntarily withdrawn from the labor market. These presumptions are to be applied in the absence of substantial evidence to the contrary, and the bill takes effect immediately.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO LABOR (2026-01-07)Alert me
Quick answers about S 3521
- What is the current status of S 3521?
- As of January 8, 2026, S 3521 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO LABOR".
- Did S 3521 pass?
- Not yet. S 3521 has been introduced and has not passed either house.
- Who wrote S 3521, and where is it now?
- S 3521 was authored by Sen. Jessica Scarcella-Spanton. Its committee of record is Senate Labor.
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions2 total · showing 2
| Jan. 07, 2026 | REFERRED TO LABOR |
| Jan. 28, 2025 | REFERRED TO LABOR |
Latest bill textIntroduced version, January 28, 2025 · 306 words
STATE OF NEW YORK ________________________________________________________________________ 3521 2025-2026 Regular Sessions IN SENATE January 28, 2025 ___________ Introduced by Sen. SCARCELLA-SPANTON -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the workers' compensation law, in relation to presump- tions for injured workers who have not refused an offer of reemploy- ment 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] them- 11 self 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 medical and surgical reports introduced in 15 evidence by claimants for compensation shall constitute prima facie 16 evidence of fact as to the matter contained therein. 17 6. That an injured worker who has not refused an offer of reemployment 18 from their employer has not voluntarily withdrawn from the labor market. 19 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07418-01-5
Text of S 3521 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions