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

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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1220--A

                               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  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the workers' compensation law, in relation to eligibil-
          ity for classification as permanent total disability

          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 chapter 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 a 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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04929-03-1
        A. 1220--A                          2

     1  shall  not result in reduction of compensation which an injured employee
     2  who is disabled due to the loss or total loss of use of  both  eyes,  or
     3  both hands, or both arms, or both feet, or both legs or of any two ther-
     4  eof,  would  otherwise  be entitled to under any other provision of this
     5  section.
     6    § 2. This act shall take effect immediately.