Bill Text: NY A03597 | 2021-2022 | General Assembly | Introduced
Bill Title: Increases benefits for volunteer firefighters and volunteer ambulance workers.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Introduced - Dead) 2022-01-05 - referred to local governments [A03597 Detail]
Download: New_York-2021-A03597-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3597 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. McMAHON, GRIFFIN, ENGLEBRIGHT, GUNTHER, BUTTENS- CHON, GOTTFRIED, COLTON, TAYLOR, SANTABARBARA, SIMON -- read once and referred to the Committee on Local Governments AN ACT to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing the amount of certain benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8 of the volunteer firefighters' benefit law, as 2 amended by chapter 401 of the laws of 2016, is amended to read as 3 follows: 4 § 8. Permanent total disability benefits. In the case of total disa- 5 bility adjudged to be permanent the volunteer firefighter shall be paid 6 [six] twelve hundred dollars for each week during the continuance there- 7 of. Permanent total disability, within the meaning of this section, 8 shall exist only if the earning capacity of the volunteer firefighter 9 has been lost permanently and totally as the result of the injury. The 10 loss of both hands, or both arms, or both feet, or both legs, or both 11 eyes, or any two thereof, shall, in the absence of conclusive proof to 12 the contrary, constitute permanent total disability, but in all other 13 cases permanent total disability shall be determined in accordance with 14 the facts. Notwithstanding any other provisions of this chapter, an 15 injured volunteer firefighter disabled due to the loss or total loss of 16 use of both eyes, or both hands, or both arms, or both feet, or both 17 legs, or any two thereof shall not suffer any diminution of such weekly 18 benefit by engaging in business or employment provided his or her weekly 19 earnings or wages, when combined with his or her weekly benefit shall 20 not be in excess of [eight] sixteen hundred dollars; and further 21 provided that the application of this section shall not result in 22 reduction of benefits which an injured volunteer firefighter who is 23 disabled due to the loss or total loss of use of both eyes, or both EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03679-01-1A. 3597 2 1 hands, or both arms, or both feet, or both legs, or any two thereof 2 would otherwise be entitled to under any other provisions of this arti- 3 cle. 4 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 5 by chapter 924 of the laws of 1990, is amended to read as follows: 6 § 9. Temporary total disability benefits. In the case of temporary 7 total disability the volunteer firefighter shall be paid one hundred 8 twenty-five dollars for each week during the continuance thereof; 9 provided, however, that when the volunteer firefighter is injured in the 10 line of duty on or after July first, nineteen hundred seventy-eight to 11 December thirty-first, nineteen hundred seventy-eight, said firefighter 12 shall receive one hundred eighty dollars per week during the continuance 13 thereof; and further provided, that when the volunteer firefighter is 14 injured in the line of duty on or after January first, nineteen hundred 15 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 16 firefighter shall receive two hundred fifteen dollars per week during 17 the continuance thereof; and further provided, that when the volunteer 18 firefighter is injured in the line of duty on or after July first, nine- 19 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 20 four, said firefighter shall receive two hundred fifty-five dollars per 21 week during the continuance thereof; and further provided, that when the 22 volunteer firefighter is injured in the line of duty on or after July 23 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 24 eighty-five, said firefighter shall receive two hundred seventy-five 25 dollars per week during the continuance thereof; and further provided, 26 that when the volunteer firefighter is injured in the line of duty on or 27 after July first, nineteen hundred eighty-five to June thirtieth, nine- 28 teen hundred ninety, said firefighter shall receive three hundred 29 dollars per week during the continuance thereof; and further provided, 30 that when the volunteer firefighter is injured in the line of duty on or 31 after July first, nineteen hundred ninety to June thirtieth, nineteen 32 hundred ninety-one, said firefighter shall receive three hundred forty 33 dollars per week during the continuance thereof; and further provided, 34 that when a volunteer firefighter is injured in the line of duty on or 35 after July first, nineteen hundred ninety-one to June thirtieth, nine- 36 teen hundred ninety-two, said firefighter shall receive three hundred 37 fifty dollars per week during the continuance thereof; and further 38 provided, that when a volunteer firefighter is injured in the line of 39 duty on or after July first, nineteen hundred ninety-two, said fire- 40 fighter shall receive four hundred dollars per week during the contin- 41 uance thereof, provided, however, that when the volunteer firefighter 42 is injured in the line of duty on or after March first, two thou- 43 sand twenty-one such payment shall be eight hundred dollars for each 44 week during the continuance thereof. Temporary total disability, with- 45 in the meaning of this section, shall exist only if the earning capacity 46 of the volunteer firefighter has been lost temporarily and totally as 47 the result of the injury. In case of temporary total disability and 48 permanent partial disability both resulting from the same injury, if the 49 temporary total disability continues for a longer period than the number 50 of weeks set forth in the following schedule, the period of temporary 51 total disability in excess of such number of weeks shall be added to the 52 period provided in section ten of this article: arm, thirty-two weeks; 53 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 54 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 55 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 56 weeks; third finger, eight weeks; fourth finger, eight weeks; toe otherA. 3597 3 1 than great toe, eight weeks. In any case resulting in loss or partial 2 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 3 where the temporary total disability does not extend beyond the periods 4 above mentioned for such injury, benefits shall be limited to the sched- 5 ule contained in section ten of this article. 6 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi- 7 sion 1 as amended by chapter 175 of the laws of 1962, the opening para- 8 graph of subdivision 1 as amended by chapter 21 of the laws of 1991, 9 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of 10 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of 11 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of 12 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the 13 laws of 1974, the opening subparagraph and subparagraph 4 of paragraph 14 (g) of subdivision 1 and subdivision 3 as amended by chapter 476 of the 15 laws of 2018, is amended to read as follows: 16 § 10. Permanent partial disability benefits. 1. In the case of disa- 17 bility partial in character, but permanent in quality, the volunteer 18 firefighter shall be paid ninety-five dollars for each week for the 19 period specified in this subdivision, provided, however, that when the 20 volunteer firefighter is injured in the line of duty on or after January 21 first, nineteen hundred seventy-eight to June thirtieth, nineteen 22 hundred eighty-three, such payment shall be one hundred five dollars for 23 each week, and further provided that when a volunteer firefighter is 24 injured in the line of duty on or after July first, nineteen hundred 25 eighty-three to and including June thirtieth, nineteen hundred eighty- 26 four, such payments shall be one hundred twenty-five dollars for each 27 week and provided further that when the volunteer firefighter is injured 28 in the line of duty on or after July first, nineteen hundred eighty-four 29 to and including June thirtieth, nineteen hundred eighty-five such 30 payments shall be one hundred thirty-five dollars for each week and 31 provided further that when the volunteer firefighter is injured in the 32 line of duty on or after July first, nineteen hundred eighty-five to and 33 including June thirtieth, nineteen hundred ninety such payments shall be 34 one hundred fifty dollars for each week, and provided further that when 35 the volunteer firefighter is injured in the line of duty on or after 36 July first, nineteen hundred ninety to and including June thirtieth, 37 nineteen hundred ninety-one such payments shall be two hundred eighty 38 dollars for each week, and provided further that when the volunteer 39 firefighter is injured in the line of duty on or after July first, nine- 40 teen hundred ninety-one to and including June thirtieth, nineteen 41 hundred ninety-two such payments shall be three hundred fifty dollars 42 for each week, and provided further that when the volunteer firefighter 43 is injured in the line of duty on or after July first, nineteen hundred 44 ninety-two such payments shall be four hundred dollars for each week, 45 provided, however, that when the volunteer firefighter is injured in the 46 line of duty on or after March first, two thousand twenty-one such 47 payment shall be eight hundred dollars for each week as follows: 48 (a) Loss of member. 49 Member lost ............................................ Number of weeks 50 Arm ................................................................ 312 51 Leg ................................................................ 288 52 Hand ............................................................... 244 53 Foot ............................................................... 205 54 Eye ................................................................ 160 55 Thumb ............................................................... 75A. 3597 4 1 First finger ........................................................ 46 2 Great toe ........................................................... 38 3 Second finger ....................................................... 30 4 Third finger ........................................................ 25 5 Toe other than great toe ............................................ 16 6 Fourth finger ....................................................... 15 7 If more than one phalange of a digit shall be lost, the period shall be 8 the same as for the loss of the entire digit. If only the first phalange 9 shall be lost, the period shall be one-half the period for loss of the 10 entire digit. The period for loss or loss of use of two or more digits, 11 or one or more phalanges of two or more digits, of a hand or foot, may 12 be proportioned to the period for the loss of use of the hand or foot 13 occasioned thereby, but shall not exceed the period for the loss of a 14 hand or foot. If an arm or leg shall be amputated at or above the wrist 15 or ankle, the period for such loss shall be in proportion to the period 16 for the loss of the arm or leg. In the case of loss of binocular vision 17 or of eighty per centum or more of the vision of an eye, the period 18 shall be the same as for the loss of the eye. 19 (b) Loss of hearing. In the case of the complete loss of the hearing 20 of one ear, sixty weeks; for the loss of hearing of both ears, one 21 hundred fifty weeks. 22 (c) Total loss of use. In the case of permanent total loss of use of a 23 member, the period shall be the same as for the loss of the member. 24 (d) Partial loss or partial loss of use. Except as above provided in 25 this subdivision, in the case of permanent partial loss or loss of use 26 of a member, the period shall be for the proportionate loss or loss of 27 use of the member. Compensation for permanent partial loss of use of an 28 eye shall be awarded on the basis of uncorrected loss of vision or 29 corrected loss of vision resulting from an injury whichever is the 30 greater. 31 (e) Disfigurement. In the case of serious facial or head disfigure- 32 ment, including a disfigurement continuous in length which is partly in 33 the facial area and also extends into the neck region as described in 34 this paragraph, the volunteer firefighter shall be paid in a lump sum a 35 proper and equitable amount, which shall be determined by the workers' 36 compensation board. If the earning capacity of the volunteer firefighter 37 shall have been impaired, or may in the future be impaired, by any seri- 38 ous disfigurement in the region above the sterno clavicular artic- 39 ulations anterior to and including the region of the sterno cleido 40 mastoid muscles on either side, the volunteer firefighter shall be paid 41 in a lump sum a proper and equitable amount which shall be determined by 42 such board. Two or more serious disfigurements, not continuous in 43 length, resulting from the same injury, if partially in the facial area 44 and partially in such neck region, shall be deemed to be a facial 45 disfigurement. An award, or the aggregate of the awards, to a volunteer 46 firefighter under this paragraph shall not exceed [twenty] forty thou- 47 sand dollars. 48 (f) Total or partial loss or loss of use of more than one member. In 49 any case in which there shall be a loss or loss of use of more than one 50 member or parts of more than one member set forth above in paragraphs a 51 to e, both inclusive, of this subdivision, but not amounting to perma- 52 nent total disability, the periods for loss or loss of use of each such 53 member or part thereof shall run consecutively.A. 3597 5 1 (g) Other cases. In all other cases of permanent partial disability 2 the volunteer firefighter shall be paid for each week during the contin- 3 uance thereof, as follows: 4 1. If the percentage of loss of earning capacity is seventy-five per 5 centum, or greater, he or she shall be paid ninety-five dollars for each 6 week, provided, however, that when the volunteer firefighter is injured 7 in the line of duty on or after January first, nineteen hundred seven- 8 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 9 such payment shall be one hundred five dollars for each week provided, 10 however, that when the volunteer firefighter is injured in the line of 11 duty on or after July first, nineteen hundred eighty-three to and 12 including June thirtieth, nineteen hundred eighty-four, such payment 13 shall be one hundred twenty-five dollars for each week provided, howev- 14 er, that when the volunteer firefighter is injured in the line of duty 15 on or after July first, nineteen hundred eighty-four to and including 16 June thirtieth, nineteen hundred eighty-five such payment shall be one 17 hundred thirty-five dollars for each week, provided, however, that when 18 the volunteer firefighter is injured in the line of duty on or after 19 July first, nineteen hundred eighty-five to and including June thirti- 20 eth, nineteen hundred ninety such payment shall be one hundred fifty 21 dollars for each week, provided, however, that when the volunteer fire- 22 fighter is injured in the line of duty on or after July first, nineteen 23 hundred ninety to and including June thirtieth, nineteen hundred nine- 24 ty-one such payment shall be two hundred eighty dollars for each week, 25 and provided further that when the volunteer firefighter is injured in 26 the line of duty on or after July first, nineteen hundred ninety-one to 27 and including June thirtieth, nineteen hundred ninety-two such payment 28 shall be three hundred fifty dollars for each week, and provided further 29 that when the volunteer firefighter is injured in the line of duty on or 30 after July first, nineteen hundred ninety-two such payment shall be four 31 hundred dollars for each week; provided, however, that when the volun- 32 teer firefighter is injured in the line of duty on or after March first, 33 two thousand twenty-one such payment shall be eight hundred dollars for 34 each week; 35 2. If the percentage of loss of earning capacity is fifty per centum, 36 or greater, but less than seventy-five per centum, he or she shall be 37 paid sixty-three dollars and thirty-three cents for each week, provided, 38 however, that when the volunteer firefighter is injured in the line of 39 duty on or after January first, nineteen hundred seventy-eight to and 40 including June thirtieth, nineteen hundred eighty-three, such payment 41 shall be seventy dollars for each week, provided, however, that when the 42 volunteer firefighter is injured in the line of duty on or after July 43 first, nineteen hundred eighty-three to and including June thirtieth, 44 nineteen hundred eighty-four such payment shall be eighty-three dollars 45 and thirty-three cents for each week, provided, however, that when the 46 volunteer firefighter is injured in the line of duty on or after July 47 first, nineteen hundred eighty-four, to and including June thirtieth, 48 nineteen hundred eighty-five, such payment shall be ninety dollars for 49 each week, provided, however, that when the volunteer firefighter is 50 injured in the line of duty on or after July first, nineteen hundred 51 eighty-five to and including June thirtieth, nineteen hundred ninety 52 such payment shall be one hundred dollars for each week, provided, 53 however, that when the volunteer firefighter is injured in the line of 54 duty on or after July first, nineteen hundred ninety to and including 55 June thirtieth, nineteen hundred ninety-one such payment shall be one 56 hundred eighty-six dollars and seventy-six cents for each week,A. 3597 6 1 provided, however, that when the volunteer firefighter is injured in the 2 line of duty on or after July first, nineteen hundred ninety-one to and 3 including June thirtieth, nineteen hundred ninety-two such payment shall 4 be two hundred thirty-four dollars and fifty cents for each week, 5 provided, however, that when the volunteer firefighter is injured in the 6 line of duty on or after July first, nineteen hundred ninety-two such 7 payment shall be two hundred sixty-eight dollars for each week, 8 provided, however, that when the volunteer firefighter is injured in the 9 line of duty on or after March first, two thousand twenty-one, such 10 payment shall be five hundred thirty-six dollars for each week; 11 3. If the percentage of loss of earning capacity is twenty-five per 12 centum, or greater, but less than fifty per centum, he shall be paid 13 [thirty] sixty dollars for each week; 14 4. If the percentage of loss of earning capacity is less than twenty- 15 five per centum, he or she shall not be paid any weekly benefit. Perma- 16 nent partial disability, within the meaning of this paragraph, shall 17 exist only if the earning capacity of the volunteer firefighter has been 18 permanently and partially lost as the result of the injury. The workers' 19 compensation board shall determine the degree of such disability and 20 such board may reconsider such degree on its own motion or upon applica- 21 tion of any party in interest. 22 2. An award made to a claimant under this section shall in case of 23 death arising from causes other than the injury be payable to and for 24 the benefit of the persons following: 25 (a) If there be a surviving spouse and no child of the deceased under 26 the age of eighteen years, to such spouse. 27 (b) If there be a surviving spouse and surviving child or children of 28 the deceased under the age of eighteen years, one-half shall be payable 29 to the surviving spouse and the other half to the surviving child or 30 children. 31 (c) If there be a surviving child or children of the deceased under 32 the age of eighteen years, but no surviving spouse, then to such child 33 or children. 34 (d) If there be no surviving spouse and no surviving child or children 35 of the deceased under the age of eighteen years, then to such dependent 36 or dependents as defined in section seven of this chapter, as directed 37 by the [workmen's] workers' compensation board; and if there shall be no 38 such dependents, then to the estate of such deceased in an amount not 39 exceeding reasonable funeral expenses as provided in subdivision one of 40 section seven of this chapter, or, if there be no estate, to the person 41 or persons paying the funeral expenses of such deceased in an amount not 42 exceeding reasonable funeral expenses as provided in such subdivision 43 one. 44 3. An award for disability may be made after the death of the volun- 45 teer firefighter. 46 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene- 47 fit law, as amended by chapter 924 of the laws of 1990, is amended to 48 read as follows: 49 1. If the percentage of loss of earning capacity is seventy-five per 50 centum, or greater, he or she shall be paid ninety-five dollars for each 51 week, provided, however, that when the volunteer firefighter is injured 52 in the line of duty on or after January first, nineteen hundred seven- 53 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 54 such payment shall be one hundred five dollars for each week, provided, 55 however, that when the volunteer firefighter is injured in the line of 56 duty on or after July first, nineteen hundred eighty-three to andA. 3597 7 1 including June thirtieth, nineteen hundred eighty-four, such payment 2 shall be one hundred twenty-five dollars for each week, provided, howev- 3 er, that when the volunteer firefighter is injured in the line of duty 4 on or after July first, nineteen hundred eighty-four to and including 5 June thirtieth, nineteen hundred eighty-five, such payment shall be one 6 hundred thirty-five dollars for each week, provided, however, that when 7 the volunteer firefighter is injured in the line of duty on or after 8 July first, nineteen hundred eighty-five to and including June thirti- 9 eth, nineteen hundred ninety such payment shall be one hundred fifty 10 dollars for each week, provided, however, that when the volunteer fire- 11 fighter is injured in the line of duty on or after July first, nineteen 12 hundred ninety to and including June thirtieth, nineteen hundred nine- 13 ty-one such payment shall be two hundred eighty dollars for each week, 14 provided, however, that when the volunteer firefighter is injured in the 15 line of duty on or after July first, nineteen hundred ninety-one to and 16 including June thirtieth, nineteen hundred ninety-two such payment shall 17 be three hundred fifty dollars for each week, provided, however, that 18 when the volunteer firefighter is injured in the line of duty on or 19 after July first, nineteen hundred ninety-two such payment shall be four 20 hundred dollars for each week; provided, however, that when the volun- 21 teer firefighter is injured in the line of duty on or after March first, 22 two thousand twenty-one such payment shall be eight hundred dollars for 23 each week; 24 § 5. Section 8 of the volunteer ambulance workers' benefit law, as 25 amended by chapter 401 of the laws of 2016, is amended to read as 26 follows: 27 § 8. Permanent total disability benefits. In the case of total disa- 28 bility adjudged to be permanent the volunteer ambulance worker shall be 29 paid [six] twelve hundred dollars for each week during the continuance 30 thereof. Permanent total disability, within the meaning of this section, 31 shall exist only if the earning capacity of the volunteer ambulance 32 worker has been lost permanently and totally as the result of the inju- 33 ry. The loss of both hands, or both arms, or both feet, or both legs, or 34 both eyes, or any two thereof, shall, in the absence of conclusive proof 35 to the contrary, constitute permanent total disability, but in all other 36 cases permanent total disability shall be determined in accordance with 37 the facts. Notwithstanding any other provisions of this chapter, an 38 injured volunteer ambulance worker disabled due to the loss or total 39 loss of use of both eyes, or both hands, or both arms, or both feet, or 40 both legs, or any two thereof shall not suffer any diminution of such 41 weekly benefit by engaging in business or employment provided his or her 42 weekly earnings or wages, when combined with his weekly benefit shall 43 not be in excess of [eight] sixteen hundred dollars; and further 44 provided that the application of this section shall not result in 45 reduction of benefits which an injured volunteer ambulance worker who is 46 disabled due to the loss or total loss of use of both eyes, or both 47 hands, or both arms, or both feet, or both legs, or any two thereof 48 would otherwise be entitled to under any other provisions of this arti- 49 cle. 50 § 6. Section 9 of the volunteer ambulance workers' benefit law, as 51 amended by chapter 924 of the laws of 1990, is amended to read as 52 follows: 53 § 9. Temporary total disability benefits. In the case of temporary 54 total disability the volunteer ambulance worker shall be paid three 55 hundred dollars for each week during the continuance thereof; provided, 56 however, that when the volunteer ambulance worker is injured in the lineA. 3597 8 1 of duty on or after the effective date of this chapter to June thirti- 2 eth, nineteen hundred ninety; further provided, that when the volunteer 3 ambulance worker is injured in the line of duty on or after July first, 4 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 5 said ambulance worker shall receive three hundred forty dollars per week 6 during the continuance thereof, and further provided, that when a volun- 7 teer ambulance worker is injured in the line of duty on or after July 8 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 9 ninety-two, said ambulance worker shall receive three hundred fifty 10 dollars per week during the continuance thereof; provided further that 11 when a volunteer ambulance worker is injured in the line of duty on or 12 after July first, nineteen hundred ninety-two such ambulance worker 13 shall be paid four hundred dollars for each week during the continuance 14 thereof; provided further that when a volunteer ambulance worker is 15 injured in the line of duty on or after March first, two thousand twen- 16 ty-one such ambulance worker shall be paid eight hundred dollars for 17 each week during the continuance thereof. Temporary total disability, 18 within the meaning of this section, shall exist only if the earning 19 capacity of the volunteer ambulance worker has been lost temporarily and 20 totally as the result of the injury. In case of temporary total disabil- 21 ity and permanent partial disability both resulting from the same inju- 22 ry, if the temporary total disability continues for a longer period than 23 the number of weeks set forth in the following schedule, the period of 24 temporary total disability in excess of such number of weeks shall be 25 added to the period provided in section ten of this chapter: arm, thir- 26 ty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two 27 weeks; ear, twenty-five weeks; eye, twenty weeks; thumb, twenty-four 28 weeks; first finger, eighteen weeks; great toe, twelve weeks; second 29 finger, twelve weeks; third finger, eight weeks, fourth finger, eight 30 weeks; toe other than great toe, eight weeks. In any case resulting in 31 loss or partial loss of use of arm, leg, hand, foot, ear, eye, thumb, 32 finger or toe, where the temporary total disability does not extend 33 beyond the periods above mentioned for such injury, benefits shall be 34 limited to the schedule contained in section ten of this chapter. 35 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers' 36 benefit law, as amended by chapter 604 of the laws of 1989, the opening 37 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and 38 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the 39 laws of 1990, is amended to read as follows: 40 1. In the case of disability partial in character, but permanent in 41 quality, the volunteer ambulance worker, injured in the line of duty 42 shall be paid one hundred fifty dollars for each week for the period 43 specified in this subdivision, provided, however, that when the volun- 44 teer ambulance worker is injured in the line of duty on or after the 45 effective date of this chapter to and including June thirtieth, nineteen 46 hundred ninety, and provided further that when the volunteer ambulance 47 worker is injured in the line of duty on or after July first, nineteen 48 hundred ninety to and including June thirtieth, nineteen hundred nine- 49 ty-one such payments shall be two hundred eighty dollars for each week, 50 and provided further that when the volunteer ambulance worker is injured 51 in the line of duty on or after July first, nineteen hundred ninety-one 52 to and including June thirtieth, nineteen hundred ninety-two such 53 payments shall be three hundred fifty dollars for each week; and 54 provided further that when the volunteer ambulance worker is injured in 55 the line of duty on or after July first, nineteen hundred ninety-two 56 such payments shall be four hundred dollars for each week; providedA. 3597 9 1 further that when a volunteer ambulance worker is injured in the line of 2 duty on or after March first, two thousand twenty-one such ambulance 3 worker shall be paid eight hundred dollars for each week as follows: 4 a. Loss of member. 5 Member lost Number of weeks 6 Arm ........................................................ 312 7 Leg ........................................................ 288 8 Hand ....................................................... 244 9 Foot ....................................................... 205 10 Eye ........................................................ 160 11 Thumb ...................................................... 75 12 First finger ............................................... 46 13 Great toe .................................................. 38 14 Second finger .............................................. 30 15 Third finger ............................................... 25 16 Toe other than great toe ................................... 16 17 Fourth finger .............................................. 15 18 If more than one phalange of a digit shall be lost, the period shall be 19 the same as for the loss of the entire digit. If only the first phalange 20 shall be lost, the period shall be one-half the period for loss of the 21 entire digit. The period for loss or loss of use of two or more digits, 22 or one or more phalanges of two or more digits, of a hand or foot, may 23 be proportioned to the period for the loss of use of the hand or foot 24 occasioned thereby, but shall not exceed the period for the loss of a 25 hand or foot. If an arm or leg shall be amputated at or above the wrist 26 or ankle, the period for such loss shall be in proportion to the period 27 for the loss of the arm or leg. In the case of loss of binocular vision 28 or of eighty per centum or more of the vision of an eye, the period 29 shall be the same as for the loss of the eye. 30 b. Loss of hearing. In the case of the complete loss of the hearing of 31 one ear, sixty weeks; for the loss of hearing of both ears, one hundred 32 fifty weeks. 33 c. Total loss of use. In the case of permanent total loss of use of a 34 member, the compensation shall be the same as for the loss of the 35 member. 36 d. Partial loss or partial loss of use. Except as above provided in 37 this subdivision, in the case of permanent partial loss or loss of use 38 of a member, the period shall be for the proportionate loss or loss of 39 use of the member. Compensation for permanent partial loss of use of an 40 eye shall be awarded on the basis of uncorrected loss of vision or 41 corrected loss of vision resulting from an injury which ever is greater. 42 e. Disfigurement. In the case of serious facial or head disfigurement, 43 including a disfigurement continuous in length which is partly in the 44 facial area and also extends into the neck region as described in this 45 paragraph, the volunteer ambulance worker shall be paid in a lump sum a 46 proper and equitable amount, which shall be determined by the workers' 47 compensation board. If the earning capacity of the volunteer ambulance 48 worker shall have been impaired, or may in the future be impaired, by 49 any serious disfigurement in the region above the sterno clavicular 50 articulations anterior to and including the region of the sterno cleido 51 mastoid muscles on either side, the volunteer ambulance worker shall be 52 paid in a lump sum a proper and equitable amount which shall be deter- 53 mined by such board. Two or more serious disfigurements, not continuous 54 in length, resulting from the same injury, if partially in the facial 55 area and partially in such neck region, shall be deemed to be a facial 56 disfigurement. An award, or the aggregate of the awards, to a volunteerA. 3597 10 1 ambulance worker under this paragraph shall not exceed [twenty] forty 2 thousand dollars. 3 f. Total or partial loss or loss of use of more than one member. In 4 any case in which there shall be a loss or loss of use of more than one 5 member or parts of more than one member set forth above in paragraphs a 6 to e, both inclusive, of this subdivision, but not amounting to perma- 7 nent total disability, the periods for loss or loss of use of each such 8 member or part thereof shall run consecutively. 9 g. Other cases. In all other cases of permanent partial disability the 10 volunteer ambulance worker shall be paid for each week, during the 11 continuance thereof, as follows: 12 (1) If the percentage of loss of earning capacity is seventy-five per 13 centum, or greater, he or she shall be paid one hundred fifty dollars 14 for each week, provided, however, that the volunteer ambulance worker is 15 injured in the line of duty on or after the effective date of this chap- 16 ter to and including June thirtieth, nineteen hundred ninety, provided, 17 however, that when the volunteer ambulance worker is injured in the line 18 of duty on or after July first, nineteen hundred ninety to and including 19 June thirtieth, nineteen hundred ninety-one such payment shall be two 20 hundred eighty dollars for each week, and provided further that when the 21 volunteer ambulance worker is injured in the line of duty on or after 22 July first, nineteen hundred ninety-one to and including June thirtieth, 23 nineteen hundred ninety-two such payment shall be three hundred fifty 24 dollars for each week; and provided further that when the volunteer 25 ambulance worker is injured in the line of duty on or after July first, 26 nineteen hundred ninety-two such payments shall be four hundred dollars 27 for each week; provided further that when a volunteer ambulance worker 28 is injured in the line of duty on or after March first, two thousand 29 twenty-one such ambulance worker shall be paid eight hundred dollars for 30 each week during the continuance thereof. 31 (2) If the percentage of loss of earning capacity is fifty per centum, 32 or greater, but less than seventy-five per centum, he or she shall be 33 paid one hundred dollars for each week, provided, however, that the 34 volunteer ambulance worker is injured in the line of duty on or after 35 the effective date of this chapter to and including June thirtieth, 36 nineteen hundred ninety, provided, however, that when the volunteer 37 ambulance worker is injured in the line of duty on or after July first, 38 nineteen hundred ninety to and including June thirtieth, nineteen 39 hundred ninety-one, such payment shall be one hundred eighty-six dollars 40 and seventy-six cents for each week, provided, however, that when the 41 volunteer ambulance worker is injured in the line of duty on or after 42 July first, nineteen hundred ninety-one to and including June thirtieth, 43 nineteen hundred ninety-two, such payment shall be two hundred thirty- 44 four dollars and fifty cents for each week; provided, however, that when 45 the volunteer ambulance worker is injured in the line of duty on or 46 after July first, nineteen hundred ninety-two, such payment shall be two 47 hundred sixty-eight dollars for each week, provided, however, that when 48 the volunteer ambulance worker is injured in the line of duty on or 49 after March first, two thousand twenty-one, such payment shall be five 50 hundred thirty-six dollars for each week. 51 (3) If the percentage of loss of earning capacity is twenty-five 52 percentum, or greater, but less than fifty per centum, he or she shall 53 be paid [thirty] sixty dollars for each week. 54 (4) If the percentage of loss of earning capacity is less than twen- 55 ty-five per centum, he or she shall not be paid any weekly benefit.A. 3597 11 1 Permanent partial disability, within the meaning of this paragraph, 2 shall exist only if the earning capacity of the volunteer ambulance 3 worker has been permanently and partially lost as the result of the 4 injury. The workers' compensation board shall determine the degree of 5 such disability and such board may reconsider such degree on its own 6 motion or upon application of any party in interest. 7 § 8. Section 11 of the volunteer ambulance workers' benefit law, as 8 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as 9 amended by chapter 924 of the laws of 1990, is amended to read as 10 follows: 11 § 11. Temporary partial disability benefits. In the case of temporary 12 partial disability the volunteer ambulance worker shall be paid for each 13 week during the continuance thereof, as follows: 14 1. If the percentage of loss of earning capacity is seventy-five per 15 centum, or greater, he or she shall be paid one hundred fifty dollars 16 for each week, provided, however, that the volunteer ambulance worker is 17 injured in the line of duty on or after the effective date of this chap- 18 ter to and including June thirtieth, nineteen hundred ninety, provided, 19 however, that when the volunteer ambulance worker is injured in the line 20 of duty on or after July first, nineteen hundred ninety to and including 21 June thirtieth, nineteen hundred ninety-one, such payment shall be two 22 hundred eighty dollars for each week, provided, however, that when the 23 volunteer ambulance worker is injured in the line of duty on or after 24 July first, nineteen hundred ninety-one to and including June thirtieth, 25 nineteen hundred ninety-two, such payment shall be three hundred fifty 26 dollars for each week; and provided further that when the volunteer 27 ambulance worker is injured in the line of duty on or after July first, 28 nineteen hundred ninety-two such payments shall be four hundred dollars 29 for each week; provided further that when a volunteer ambulance worker 30 is injured in the line of duty on or after March first, two thousand 31 twenty-one such ambulance worker shall be paid eight hundred dollars for 32 each week. 33 2. If the percentage of loss of earning capacity is fifty per centum, 34 or greater, but less than seventy-five per centum, he or she shall be 35 paid one hundred dollars for each week, provided, however, that the 36 volunteer ambulance worker is injured in the line of duty on or after 37 the effective date of this chapter to and including June thirtieth, 38 nineteen hundred ninety, provided, however, that when the volunteer 39 ambulance worker is injured in the line of duty on or after July first, 40 nineteen hundred ninety to and including June thirtieth, nineteen 41 hundred ninety-one, such payment shall be one hundred eighty-six dollars 42 and seventy-six cents for each week, provided, however, that when the 43 volunteer ambulance worker is injured in the line of duty on or after 44 July first, nineteen hundred ninety-one to and including June thirtieth, 45 nineteen hundred ninety-two, such payment shall be two hundred thirty- 46 four dollars and fifty cents for each week; provided, however, that when 47 the volunteer ambulance worker is injured in the line of duty on or 48 after July first, nineteen hundred ninety-two, such payment shall be two 49 hundred sixty-eight dollars for each week, provided, however, that when 50 the volunteer ambulance worker is injured in the line of duty on or 51 after March first, two thousand twenty-one, such payment shall be five 52 hundred thirty-six dollars for each week. 53 3. If the percentage of loss of earning capacity is twenty-five per 54 centum, or greater, but less than fifty per centum, he or she shall be 55 paid [thirty] sixty dollars for each week.A. 3597 12 1 4. If the percentage of loss of earning capacity is less than twenty- 2 five per centum, he or she shall not be paid any weekly benefit. 3 Temporary partial disability, within the meaning of this section, 4 shall exist only if the earning capacity of the volunteer ambulance 5 worker has been temporarily and partially lost as the result of the 6 injury. The workers' compensation board shall determine the degree of 7 such disability and such board may reconsider such degree on its own 8 motion or upon application of any party in interest. 9 § 9. This act shall take effect immediately.