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Legislative Memo

518.465.7517

BILL:

A.9553 (Nolan) / S.6394 (Velella)

Support

SUBJECT:

Occupational Diseases

 

DATE:

May 6, 2002

 

On September 11, 2001 the United States suffered a terrible loss of human life at the hands of those who sought to destroy the symbols of the American way of life. They were not successful. In the aftermath, the citizenry of the great State of New York pulled together. We were proud to witness countless acts of selflessness and boundless acts of heroism.

We can never repay those workers for the sacrifices that they have endured during the rescue, recovery and clean up efforts at ground zero. This state must ensure that these workers are taken care of should injury or occupational disease befall them.

The Business Council of New York State, Inc. believes that these workers should receive workers' compensation benefits for injuries and illnesses associated with their work activities and that these benefits be provided in a just and expeditious manner. Thankfully, the state of New York already has a system in place which meets this criterion. A.9553/S.6394 seeks to change this system in a way that goes beyond the intent and structure of existing law. As such, The Business Council cannot support this legislation.

The proposed legislation changes the entire standard and criteria by which we view occupational diseases. It seeks to change the structure of occupational diseases from those that result from the caused nature of the employment to a specific geographic location. It completely undermines one of the primary foundations upon which workers' compensation law is based. This sets a very damaging precedent for the future.

This legislation would expand the definition of occupational diseases to include matters that were never intended to be covered by workers' compensation law and flies in the face of established statutory and case law. For instance, it would allow workers who contract bronchitis or develop cataracts even decades later to attach it to ground zero as opposed to the inherent nature of employment as the law now requires.

New York State defines an occupation disease in section 2(15) of the workers' compensation law as "a disease resulting from the nature of employment and contracted therein."