Bill Text: NY A01569 | 2013-2014 | General Assembly | Introduced

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Bill Title: Removes the mandatory aggregate trust fund deposit requirements for non-scheduled permanent partial disability cases.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2014-05-27 - held for consideration in labor [A01569 Detail]

Download: New_York-2013-A01569-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1569
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. KOLB, JORDAN, HAWLEY, CORWIN, RAIA, MONTESANO --
         read once and referred to the Committee on Labor
       AN ACT to amend the workers' compensation law, in relation  to  removing
         the  mandatory aggregate trust fund deposit requirements for non-sche-
         duled permanent partial disability cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2 of section 27 of the workers' compensation
    2  law, as amended by chapter 6 of the laws of 2007, is amended to read  as
    3  follows:
    4    2.  If  an award under this chapter requires payment of death benefits
    5  or other compensation by an insurance carrier or employer in  periodical
    6  payments,  the  board may, in its discretion, at any time, any provision
    7  of this chapter to the contrary notwithstanding, compute and  permit  or
    8  require  to be paid into the aggregate trust fund an amount equal to the
    9  present value of all unpaid death  benefits  or  other  compensation  in
   10  cases  in which awards are made for total permanent or permanent partial
   11  disability for a period of one hundred and four weeks or more, for which
   12  liability exists, together with such additional sum  as  the  board  may
   13  deem  necessary for a proportionate payment of expenses of administering
   14  the fund so created, including the cost of the actuarial computation  by
   15  or on behalf of the board of the present value of the award, and for the
   16  purposes of this section such cases shall be known as discretionary type
   17  cases.  If  any such award made on or after July first, nineteen hundred
   18  thirty-five, requires payment for total permanent  disability  resulting
   19  from  the  loss of both hands, or both arms, or both feet, or both legs,
   20  or both eyes, or of any two thereof, or for permanent partial disability
   21  resulting from loss of an arm, leg, hand, foot or eye, or of death bene-
   22  fits by an insurance carrier which is  a  stock  corporation  or  mutual
   23  association,  [or  if  any  such  award made on or after July first, two
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03187-01-3
       A. 1569                             2
    1  thousand seven requires payment for permanent partial  disability  under
    2  paragraph  w  of subdivision three of section fifteen of this article by
    3  an insurance carrier which is a  stock  corporation  or  mutual  associ-
    4  ation,]  which for the purposes of this section shall be known as manda-
    5  tory type cases, the board shall immediately compute the  present  value
    6  thereof  and  require  payment  of  such amount into the aggregate trust
    7  fund, together with such additional sum as the board may deem  necessary
    8  for a proportionate payment of expenses of administering such trust fund
    9  including  the  cost of the actuarial computation by or on behalf of the
   10  board of the present value of the award provided, however, that where an
   11  employer or his insurance carrier is found to be entitled to  reimburse-
   12  ment  from  the  special disability fund of subdivision eight of section
   13  fifteen OF THIS ARTICLE, the computation of the  present  value  of  the
   14  award and the requirement for payment of such amount into the said trust
   15  fund shall not be mandatory and such cases shall be deemed to be discre-
   16  tionary  type cases; further provided that where an employee entitled to
   17  compensation under this chapter be injured or killed by  the  negligence
   18  or wrong of another not in the same employ, the computation of the pres-
   19  ent  value  and the requirement for payment of such amount into the said
   20  trust fund shall be held in abeyance until (1) six months  have  elapsed
   21  from  the  award of compensation, or in any event not more than one year
   22  after the date of the accident, if the injured employee, or in  case  of
   23  death, his personal representatives, spouse, parents, dependents or next
   24  of kin, or anyone otherwise entitled to recover damages at common law or
   25  otherwise,  on  account of such injury or death, have failed to commence
   26  such action, (2) the termination of  any  such  action  brought  by  the
   27  injured  employee,  or  in  case of death, his personal representatives,
   28  spouse, parents, dependents or next of kin, or anyone otherwise entitled
   29  to recover damages, at common law or otherwise, on account of such inju-
   30  ry or death, under the provisions of section twenty-nine of  this  arti-
   31  cle.
   32    S  2. This act shall take effect on the first of January next succeed-
   33  ing the date on which it shall have become a law and shall apply to  any
   34  award made on or after such date.