Document eQ5mJV7K9VL82aNRKybqKw6q
FILE NAME: New York State & NY Times (NY)
DATE: 1936
DOC#: NY074
DOCUMENT DESCRIPTION: NY Law - Article 4-A Silicosis and Other Dust Diseases
1990
L aws o r New Yoke, 19dG
I C u a i*,
'r
. CHAPTER 887
AN ACT lo amend tlie'worlcnien^ eompenalion lawj !n relation to occupational
cluentes and in relation to special provisions for. compensation for certain
injuries to the respiratory tract resulting from the inlmlntion of harmful
dust, and to amend the labor law, in relation to control of harmful dust in
public works
j -
..
Became a law Ju n e .6, . 1030, with the approval of tlic Governor. Passed,
. It ... i.
. three-fifths being present-,
(
.
The People'of the Btate of Neto York, represented in Senate, and Assembly,
do enact as joltoics: :
.
,
. ,
j .
lIltM. .-*, fpce/ntc.iu>]8c./d.
O0M|M* tdlui'OAi1C addedft.
Section 1. Paragraph twenty-eight of subdivision two of section
three of chapter eight hundred and sixteen of the laws of nineteen
hundred thirteen, entitled " An act in relation ,to assuring com
pensation for injuries or death of certain employees in the course
of their employment and repealing certain , sections of the labor' lniv relating thereto, 'constituting chapter sixty-seven of the con
solidated laws," as re-enacted by chapter forty-one of the laws of
nineteen hundred fourteen, such'paragraph having been.added by'
chapter two hundred and.fifty^four of the laws of nineteen.bun-'
dred tliirtjr-flve, is hereby amended to read as follows:' -
28. Any nnd all' occupational ^ 28. Any and all employments'
., diseases.';' ;
'.'enumerated in subdivision
*'. ' ' ' V' ::- ' ,'v
one: of section three of this
' ' '`'" ''"'chapter." '
' ,1,
: Nothing in paragraph twenty-eight of this' subdivision shall be
construed to, apply to any case'of occupational disease in which1
the last injurious exposure to the hazards of the disease occurred'
prior to September first; nineteen hundred thirty-five; nor to any
disability or. death due to any disease described, in'article four-a
of this chapter.
'' -
'
I 2. Such chapter ' s further amended by the insertion therein
of a new article,'to follow .article four, to be' article for-a, to'
read as follows: 1 : ' : ' ' ' '
' ' ''
; \ i\ 'iV .i ARTICLE 4-A i
: -.V"
i* -
*','' v*-*."*> i-
.
\
. Tt ^
.
S iucosis, akd O th er L u s t .D iseases : `
Section 65. Prevention of silicosis and other dust disenses.'
G6. Compensation payable for disability, or death.
G7. Liability of employer. ' ' - '-''
'
G8. Medical treatment and care. .;'
69. Workers, when not entitled. ' ' *
, !'
70. 'Special medical examiners. ' ; ' "
' 71' Expert consultants. ' '
72. Alternate remedy. ;
- ?:
65; Prevention of silicosis and other dust diseases. 1. It is herehy declared lo be the policy of the legislature of this state, in
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enacting this Article, to prohibit through every lawful menus avail
able, any requirement as a pre-requisite to employment which
compels an applicant for employment in any occupation coming
within the purview of this article to undergo a medical examination.
2. The industrial commissioner and the industrial board are nuiTMiotn
hereby required to add tp the industrial code, as provided in sections
twenty-eight and twentr-nine of the labor law, effective rules and
regulations governing ihe installation, maintenance and effective
operation in all industries and operations wherein silica dust or
other harmful dust hazard is present, of approved devices designed
to eliminate such harmful dusts and to promulgate such other
regulations as will effectively control the incidence of silicosis and similar diseases.
6G. Compensation payable for disability or death. Compensa 'Jo
tion shall not be payable for partial' disability due to silicosis or llomuocfoiMr l*
other dust disease. disability or death
In the event of temporary or permanent total from silicosis or other dust disease, notwith
ti^uiiur;
5UDU
standing any oilier provision of this chapter, compensation shall be pm*
payable uuder this article to employees in the employments enumer ated in'section three of this chapter or to their dependents in the
.following manner, nnd amounts:"-If disablement .or denth occur
during the first calendar month in which this act becomes effective
not exceeding the sum of five hundred dollars; if .disablement or
death'occur during the second calendar month.after which .this act
becomes effective not exceeding the sum of five hundred and fifty
dollars; thereafter the total of compensation and benefits payable
for disability and death shall increase at the rate of fifty dollars
each calendar month. The aggregate'amount payable shall be
determined by the total amount payable in the month in which
disablement or death occurs. La no event shall such compensation
exceed an aggregate total of three thousand dollars. The require
ment as to payments into the special funds provided for in sub
divisions eight and nine of section.fifteen for each case of injury
causing death in which there'are no persons entitled to compensa
tion shall not apply.to any claim arising under this article.
Compensation pnjmble hereunder shall he paid from the eighth wiin
day following total disablement a t'the rale of.sixty-six nnd two-
thirds per centum of the average wecldy wage to be computed under
section fourteen of this chapter; hut in no case shall compensation
exceed twenty-five dollars per week nor in the event of total dis
ability be less than eight dollars per week; provided, however, that
in the event of death from such disease his dependents shall receive,
in the manner provided bjr sections sixteen and seventeen of this
chapter, any balance remaining between the amounts paid ' for
disability and the total compensation payable under this article.
Notwithstanding the provisions of section twenty-eight of this cuim..
'chapter, all claims for compensation resulting from inhalation of
harmful' dust, where the last exposure occurred between the effective,
date of this net and September first, nineteen hundred and thirty-
five, shall he barred unless filed within one hundred nnd eighty
days from the day ou which this act takes effect.
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L aws of N ew Yohk, 1U3G
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lolaUoD.
nnd methods, and n further provision ahall be inserted in such
contract that if this section is not complied with, the conlracL shall
be void. In the construction of public works performed directly
by the slate or a public benefit corporation or a municipal corpora- ' ;
lion or a commission appointed pursuant to law wherein a harmful
dust hazard is created for which appliances or methods for the
elimination of silica dust or other harmful dust have been approved
by the industrial hoard, the deportment, board or officer in the
slate, public benefit corporation, or municipal corporation or com
mission or hoard appointed pursuant to law, having jurisdiction
over the construction of such Work shall provide for the effective
use of such approved appliances or methods in connection there-'
with. A violation of this section shall constitute a misdemeanor
and ahall be punishable by a fine of not more than five hundred.
dollars, or by imprisonment for not more than one year, or by both
fine and imprisonment.
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{*
i. This act shall take effect immediately,
t *. . . . . I;
CHAPTER 888
AN ACT to amend the workmen's compensation taw, in relation to authorizing *
Ilie expenditure of inunera from the vocational rehabilitation fund tor Lhe
. purposes of making studies, and of disseminating information on the subject . -'
of lhe control and prevention ot diseases caused by the inhalation ot h a r m - ' 1 v
ful dust
,
'
..
Became a law Ju ne 0, 1938, w ith the approval of the Governor, Passed, three-fifths being present
The People of the State of New York, repretenlcd in Senate and Attemblp,
t do enact at followt:
,,
!
6.
Section 1. Subdivision nine of section fifteen of chapter eight
>d. 9, ended.
hundred and sixteen of the laws of nineteen hundred thirteen,
entitled " An act in relation to assuring compensation for injuries
or death of ccrtnin employees in the course of their employment and :;
repealing certain sections of the labor law relating thereto, r.onsti- ; '
tuting chapter sixty-seven of the consolidated laws," as re-eiiacled
by chapter forty-one of the laws of nineteen hundred fourteen, such h
subdivision having last been amended by chapter one hundred and
eiglitj'-tlirce of the laws of nineteen hundred thirty, is herely . .
amended to read as follows: dlOrni*] 9. Expenses for rehabilitating injured employees. An employee,
ntxn s*j for
"who
as
a
result
of
injury
is
or
may
be
expected
to
be
totally
or
par-
.
bluta* tinlly incapacitated for a remunerative occupation and who, under ; J
the direction of the stale department of education is being rendered
fit, to engage in a remunerative occupation, shall receive additional ?
compensation necessary for liis rehabilitation, not more than fen ;
dollars per week of which shall be expended for maintenance. .Such {'
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L aws ok N ew Y ork, 193G
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expense and such of the administrative expenses of the blute depart
ment of education as are properly assignable to the expenses of
rehabilitating employees entitled to compensation as a result of epm.ifund:
injuries under this chanter, shall be jraid out of a special fund h0,r
created in the following manner: The emplo3'er, or if insured, his
insurance carrier, shall pay into the vocational rehabilitation fund
for every case of injury causing death, in which there arc no persons
entitled to compensation, tile sum of fire hundred dollars. The
missioner of taxation nnci finance sliall be the custodian of this
special fund and may invest any surplus moneys thereof in securi
ties which constitute legal investments for savings banks under the
Inws of this state. He majr also sell any of the securities in which .
such fund is invested if necessary for the proper administration or
in the best interests of such fund.
Disbursements from the vocational rehabilitation fund for the
additional compensation provided for by this section shall be paid
by the commissioner of taxation and finance upon vouchers signed
by the industrial commissioner or deputy industrial commissioner.
Disbursements from the vocational rehabilitation fund for Voucher,
administrative expenses of the state department of education shall
be paid by the commissioner of taxation and finance upon vouchers f \
signed by the commissioner of education or the deputy commissioner
of education.
. .
Prior lo the first days of January, April, July and October
there shall be submitted to the director of the budget by the com-
missioner of education for his approval an estimated budget of
administrative expenses of the state department of education
which it is proposed to charge to the vocational rehabilitation
fund for the succeeding three months. There may not be expended
from the said fund for such administrative expenses, more than the
amounts specified in such budget for each item of expenditure,
except ns authorized by the director of the budget.
There may be expended from such fund annually for a period m.noo
of five years commencing Ju ly first, nineteen hundred thirty-six.
and ending June thirtieth, nineteen hundred forty-one, an amount
not to exceed fifty thousand dollars in any one year, for the purpose
of making such studies ns maj' in the judgment of the industrial
commissioner be advisable, of means and methods of eliminating
hazards lo life ami health from dusts and other occupational
diseases, and disseminating information on the subject of control
find prevention, provided however, that any information obtained
in connection with such studies and investigations shall not. be
admissible as evidence in any action nt law or in the adjudication
of any claim arising under the workmen's compensation Jaw.
Prior to the first days of January, April, July and October begin
ning June first, nineteen hundred thirty-six, there shall be submitted
to the director of the budget by the industrial commissioner for
bis approval an estimated budget of expenses for the purposes herein
set forth, which it is proposed to charge against the vocational
rehabilitation fund during the succeeding three months. There
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[CiJAr.
5 67. Lability of employer. An emploj'er shall be liable for the
payments prescribed by this article for silicosis or other dust
disease when disability of an employee resulting in loss of earnings
shall be due to an employment in a hazardous occupation in which
he was emplojrcd, aud such disability results williih one 3'enr after
the last injurious exposure in such emploj'iuent; or, in case of
death resulting from such exposure, if such death occurs within
five .rears following continuous disubilitj* from such disease. The
provisions of section forty-four of this chapter shall not apply
lo claims arising mider this article.
The employer in whose employment the emploj-ee was last
injuriously exposed in a hazardous'occupation and the insurance carrier, if any, which was on the risk at the time of the last
injurious exposure in such employment, shall be liable for any
payments required by this article; the notice of injury -and
claim shnll be made to such employer.
CS. Medical treatment arid care. Notwithstanding any other
provisions of this chapter the medical treatment herein provided
for shall be limited in the case of an employee disabled by nn
occupational'disease-'due to or resulting from the inhalation of
harmful dust lo a period of ninety days from the date of such
disablement, but the requirement for such medical treatment may
be extended for an additional period not to exceed ninety days
upon the order of the industrial board.
CD. Workers, when not entitled. I f an employee, at the time
of his employment, falsch' represents in writing that he has not
previously been disabled from the disease which is the cause of
disability or death or has not received compensation or benefits
- _ under this article, no compensation shall be paj'able.
Dn.ioutirf 70. Special medical examiners. The industrial commissioner
i ji.tric: B]in|i divide the state into five districts and in each district may
met nppoiut two or more special medical examiners who shall be
lTni. licensed plii'sicians in good professional standing, each of whom
shall have had, at the time of his appointment, and immediately
prior thereto, at least five years of practice in the diagnosis, care
and treatment .of pulmonary diseases. . Such examiners shall be
employed on a per diem basis as the exigencies of the work may
require. Fees of examiners shall be fixed by the Industrial com
missioner within the limits of the appropriation therefor. Each
position of special medical examiner provided herein shall be in
the exempt class of civil service.
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Whenever a claim is rande under this article and an exnmitia-
u.n. - (ion of the claimant by an impartial physician is desired by any
party in. interest, the industrial commissioner shnll order such
medical examiners to make the necessary medical and x-ray exami
nation of the claimant in an effort to obtain the medical facts in
nn impartial manner.-" .
..
For the purposes of adjudication under this chapter, the indus
trial board shall adopt rules of praelice nnd procedure and
shall prescribe methods nndstandards under which physical
examinations, x-rays and other studies shall be conducted.
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... 71., Expert consultants. The indnsliwd commissioner slifill w3nllunl*: appoint, as expert c-insult ants on oust diseases three licensed tscttipltli^.
physicians in good professional standing, eacli of whom shall have
Jind, at the lime of his appointment, and immediately prior thereto,
nt least ten years of practice in the diagnosis, enre and treatment of
diseases of the pulmonary tract, along with the interpretation of
x-ray films thereof. They shall he paid at a salary to he fixed
by the industrial commissioner not to exceed seven thousand five
hundred dollars per yei/r. Each such position of consultant shall
he in the exempt class of civil service.
The industrial commissioner or the industrial board shall on
their own volition or on (lie application of either an employee, an
employer, or an insurance carrier, direct such expert consultants
to mate examinations of claimants, to review the findings of special
medical examiners, to read and review the files of compensation cases when necessary, and to inform the industrial commissioner
ntul the industrial hoard of their opinion ns to their findings in
such cases.
72. Alternative remedy. The liahililv of an employer pre-E,tUB,ve
scribed by this nrlicle shall be exclusive and in place of any other
liability whatsoever, at common law or otherwise, to such employee, mt.ioytr
his personal representatives, husband, parents, dependents or next
of kin, or anyone otherwise entitled to recover damages, at common
law, or otherwise <m account of any injury, disability, or death,
caused by the inhalation of harmful dust, except that if an
employer fail to secure the payment of compensation for his
injured emploj'ecs and their dependents as provided in section
fifty of this chapter, an injured employee, or his legal representa
tive in case death results from the injury or disease, mny, at. his
option, elect to claim compensation under this chapter, or to main
tain an action in the courts for damages on account of such injury
or disease; and in such an notion it shall not be necessary to plead
or prove freedom from contributory negligence nor may the
defendant plead as a defense that the injury or disease was caused
by the negligence of a fellow servant or that the emplo3 ee assumed
the risk of his employment, nor that the injury or disease was due
to the contributory negligence of the crnploj'ee.
3. Chapter fifty of the laws of nineteen hundred Ivonly-one entitled " An act in relation to labor, constituting chapter thirty- .......<ij
one of the consolidated laws," is hereby amended by inserting Kf | 22?-
therein a new section, to be section two hundred and twenty-two-n, "i<lcd-
to read ns follows:
'.
222-a. Prevention of dust hazard in public works. In the con- Bftfmatson
slruction of public works by the state or n public benefit corpora-
(ion or a municipal corporation or a commission appointed pur
suant to law wherein a harmful dust linznrd is created for which
appliances or methods for the elimination of harmful dust, hnve
been approved by the industrial board, a provision shall be inserted
in each contract for the construction of such work requiring the
installation, maintenance and effective operation of such appliances