Bill Text: NY A01220 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to eligibility for classification as permanent total disability; includes inability to perform the full range of sedentary work or approval for federal social security disability benefits as a result of a compensable accident or occupational disease as constituting permanent total disability.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2022-04-29 - print number 1220b [A01220 Detail]

Download: New_York-2021-A01220-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1220

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     January 7, 2021
                                       ___________

        Introduced  by  M. of A. BRONSON, PERRY, REYES -- read once and referred
          to the Committee on Labor

        AN ACT to amend the workers' compensation law, in relation to  including
          a presumption of permanent total disability for certain individuals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Subdivision 1 of section 15 of the  workers'  compensation
     2  law,  as  amended by section 675 of the laws of 1977, is amended to read
     3  as follows:
     4    1. Permanent total disability. In case of total disability adjudged to
     5  be permanent sixty-six and two-thirds per centum of the  average  weekly
     6  wages shall be paid to the employee during the continuance of such total
     7  disability.  Loss  of  both  hands,  or both arms, or both feet, or both
     8  legs, or both eyes, or of any two thereof, or inability to  perform  the
     9  full  range  of  sedentary work, or approval for federal social security
    10  disability benefits as a result of the compensable accident  or  occupa-
    11  tional  disease shall, in the absence of conclusive proof to the contra-
    12  ry, constitute permanent total disability.  In all other cases permanent
    13  total disability shall be  determined  in  accordance  with  the  facts.
    14  Notwithstanding any other provision of this chapter, an injured employee
    15  disabled  due  to  the  loss  or total loss of use of both eyes, or both
    16  hands, or both arms, or both feet, or both legs, or of any  two  thereof
    17  shall not suffer any diminution of his compensation by engaging in busi-
    18  ness  or  employment  provided his earnings or wages, when combined with
    19  his compensation, shall not be in excess of the wage base on  which  the
    20  maximum  weekly compensation benefit is computed under the law in effect
    21  at time of such earning;  further  provided,  that  if  the  combination
    22  exceeds  such  wage  base,  the  compensation  shall be diminished to an
    23  amount which, together with his earnings or wages, shall equal the  wage
    24  base;  and  further  provided  that  the application of this subdivision
    25  shall not result in reduction of compensation which an injured  employee

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04929-02-1
        A. 1220                             2

     1  who  is  disabled  due to the loss or total loss of use of both eyes, or
     2  both hands, or both arms, or both feet, or both legs or of any two ther-
     3  eof, would otherwise be entitled to under any other  provision  of  this
     4  section.
     5    § 2.  This act shall take effect immediately.