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NY State Legislature· S755-2025Signed by Governor

Relates to claims for mental injury premised upon extraordinary work-related stress incurred at work, the official text

Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    755
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the workers' compensation law, in relation to claims for
   mental injury premised upon extraordinary work-related stress; and  to
   amend a chapter of the laws of 2024 amending the workers' compensation
   law  relating  to claims for mental injury premised upon extraordinary
   work-related stress, as proposed in legislative bills numbers S.  6635
   and A. 5745, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 3 of section 10 of  the  work-
 ers'  compensation  law,  as  amended  by  a chapter of the laws of 2024
 amending the workers' compensation law relating  to  claims  for  mental
 injury  premised  upon extraordinary work-related stress, as proposed in
 legislative bills numbers S. 6635 and A. 5745, is amended  and  two  new
 paragraphs (c) and (d) are added to read as follows:
   (b)  Where a [worker] POLICE OFFICER OR FIREFIGHTER SUBJECT TO SECTION
 THIRTY OF THIS ARTICLE, OR EMERGENCY MEDICAL TECHNICIAN,  PARAMEDIC,  OR
 OTHER  PERSON CERTIFIED TO PROVIDE MEDICAL CARE IN EMERGENCIES, OR EMER-
 GENCY DISPATCHER files a claim for mental injury premised upon  extraor-
 dinary work-related stress incurred [at work] IN A WORK-RELATED EMERGEN-
 CY, the board may not disallow the claim upon a factual finding that the
 stress was not greater than that which usually occurs in the normal work
 environment.
   (C)  THE  BOARD  MAY NOT DISALLOW A CLAIM BY A COVERED EMPLOYEE UPON A
 FACTUAL FINDING THAT THE STRESS WAS NOT GREATER THAN THAT WHICH  USUALLY
 OCCURS  IN  THE NORMAL WORK ENVIRONMENT WHERE A CLAIM FOR POST-TRAUMATIC
 STRESS DISORDER (PTSD), ACUTE STRESS DISORDER OR MAJOR DEPRESSIVE DISOR-
 DER RESULTING FROM WORK-RELATED  STRESS  IS  FILED  UPON  SUBMISSION  OF
 MEDICAL  EVIDENCE  BASED ON THE CRITERIA CONTAINED IN THE VERSION OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02831-01-5
 S. 755                              2
 
 DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL DISORDERS IN EFFECT  ON  THE
 DATE  OF  ACCIDENT,  OR AS OTHERWISE ADOPTED BY THE BOARD, PROVIDED THAT
 SUCH ADOPTION SHALL BE NO MORE STRINGENT THAN THE CURRENT OR IMMEDIATELY
 PRECEDING  VERSION  OF  THE  DIAGNOSTIC AND STATISTICAL MANUAL OF MENTAL
 DISORDERS. SUCH COVERED EMPLOYEE MUST  DEMONSTRATE  THAT  SUCH  DISORDER
 AROSE  OUT  OF  EXTRAORDINARY  WORK-RELATED  STRESS  ATTRIBUTABLE  TO  A
 DISTINCT WORK-RELATED EVENT OR EVENTS DIRECTLY RELATED TO THE EMPLOYMENT
 AND OCCURRING DURING THE PERFORMANCE OF THE EMPLOYEE'S JOB DUTIES.
   (D) NOTHING IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION SHALL  APPLY
 TO A CLAIM FOR MENTAL INJURY DUE TO A WORK-RELATED PHYSICAL INJURY.
   §  2. Section 2 of a chapter of the laws of 2024 amending the workers'
 compensation law relating to claims  for  mental  injury  premised  upon
 extraordinary  work-related  stress,  as  proposed  in legislative bills
 numbers S. 6635 and A. 5745, is amended to read as follows:
   § 2. This act shall take effect on the [first of January next succeed-
 ing the date on which] ONE HUNDRED EIGHTIETH DAY  AFTER  it  shall  have
 become a law.
   §  3.  This act shall take effect immediately; provided, however, that
 section one of this act shall take effect on the same date  and  in  the
 same  manner  as  a  chapter  of  the laws of 2024 amending the workers'
 compensation law relating to claims  for  mental  injury  premised  upon
 extraordinary  work-related  stress,  as  proposed  in legislative bills
 numbers S. 6635 and A. 5745, takes effect.
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