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.
                                                                   LBD03679-01-1

        A. 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  other

        A. 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 ............................................................... 75

        A. 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  and

        A. 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 line

        A. 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;  provided

        A. 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  volunteer

        A. 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.
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