Bill Text: NY A06689 | 2013-2014 | General Assembly | Amended


Bill Title: Increases permanent and temporary total disability benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-22 - print number 6689c [A06689 Detail]

Download: New_York-2013-A06689-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6689--C
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 12, 2013
                                      ___________
       Introduced  by M. of A. GALEF -- read once and referred to the Committee
         on Local Governments -- committee discharged,  bill  amended,  ordered
         reprinted  as  amended  and  recommitted  to  said  committee -- again
         reported from said committee with  amendments,  ordered  reprinted  as
         amended  and  recommitted  to  said  committee  --  recommitted to the
         Committee on Local Governments in accordance  with  Assembly  Rule  3,
         sec.  2  --  committee  discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
         teer  ambulance  workers'  benefit  law,  in relation to permanent and
         temporary total disability 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 574 of the laws  of  1998,  is  amended  to  read  as
    3  follows:
    4    S  8.  Permanent total disability benefits. In the case of total disa-
    5  bility adjudged to be permanent the volunteer firefighter shall be  paid
    6  [four  hundred]  SIX  HUNDRED  FIFTY  dollars  for  each week during the
    7  continuance thereof.  Permanent total disability, within the meaning  of
    8  this  section, shall exist only if the earning capacity of the volunteer
    9  firefighter has been lost permanently and totally as the result  of  the
   10  injury.  The  loss  of  both  hands, or both arms, or both feet, or both
   11  legs, or both eyes, or any two thereof, shall, in the absence of conclu-
   12  sive proof to the contrary, constitute permanent total  disability,  but
   13  in  all  other  cases  permanent total disability shall be determined in
   14  accordance with the facts. Notwithstanding any other provisions of  this
   15  chapter,  an  injured  volunteer firefighter disabled due to the loss or
   16  total loss of use of both eyes, or both hands, or  both  arms,  or  both
   17  feet,  or  both legs, or any two thereof shall not suffer any diminution
   18  of such weekly benefit by engaging in business  or  employment  provided
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09699-09-4
       A. 6689--C                          2
    1  his or her weekly earnings or wages, when combined with his or her week-
    2  ly  benefit  shall not be in excess of [six hundred] NINE HUNDRED SEVEN-
    3  TY-FIVE dollars; and further  provided  that  the  application  of  this
    4  section  shall  not  result  in  reduction  of benefits which an injured
    5  volunteer firefighter who is disabled due to the loss or total  loss  of
    6  use  of  both  eyes,  or both hands, or both arms, or both feet, or both
    7  legs, or any two thereof would otherwise be entitled to under any  other
    8  provisions of this article.
    9    S  2. Section 9 of the volunteer firefighters' benefit law, as amended
   10  by chapter 924 of the laws of 1990, is amended to read as follows:
   11    S 9. Temporary total disability benefits. In  the  case  of  temporary
   12  total  disability  the  volunteer  firefighter shall be paid one hundred
   13  twenty-five dollars  for  each  week  during  the  continuance  thereof;
   14  provided, however, that when the volunteer firefighter is injured in the
   15  line  of  duty on or after July first, nineteen hundred seventy-eight to
   16  December thirty-first, nineteen hundred seventy-eight, said  firefighter
   17  shall receive one hundred eighty dollars per week during the continuance
   18  thereof;  and  further  provided, that when the volunteer firefighter is
   19  injured in the line of duty on or after January first, nineteen  hundred
   20  seventy-nine  to  June  thirtieth,  nineteen  hundred eighty-three, said
   21  firefighter shall receive two hundred fifteen dollars  per  week  during
   22  the  continuance  thereof; and further provided, that when the volunteer
   23  firefighter is injured in the line of duty on or after July first, nine-
   24  teen hundred eighty-three to June thirtieth,  nineteen  hundred  eighty-
   25  four,  said firefighter shall receive two hundred fifty-five dollars per
   26  week during the continuance thereof; and further provided, that when the
   27  volunteer firefighter is injured in the line of duty on  or  after  July
   28  first,  nineteen hundred eighty-four to June thirtieth, nineteen hundred
   29  eighty-five, said firefighter shall  receive  two  hundred  seventy-five
   30  dollars  per  week during the continuance thereof; and further provided,
   31  that when the volunteer firefighter is injured in the line of duty on or
   32  after July first, nineteen hundred eighty-five to June thirtieth,  nine-
   33  teen  hundred  ninety,  said  firefighter  shall  receive  three hundred
   34  dollars per week during the continuance thereof; and  further  provided,
   35  that when the volunteer firefighter is injured in the line of duty on or
   36  after  July  first,  nineteen hundred ninety to June thirtieth, nineteen
   37  hundred ninety-one, said firefighter shall receive three  hundred  forty
   38  dollars  per  week during the continuance thereof; and further provided,
   39  that when a volunteer firefighter is injured in the line of duty  on  or
   40  after  July  first, nineteen hundred ninety-one to June thirtieth, nine-
   41  teen hundred ninety-two, said firefighter shall  receive  three  hundred
   42  fifty  dollars  per  week  during  the  continuance thereof; and further
   43  provided, that when a volunteer firefighter is injured in  the  line  of
   44  duty  on  or  after  July first, nineteen hundred ninety-two TO DECEMBER
   45  THIRTY-FIRST, TWO THOUSAND FOURTEEN, said firefighter shall receive four
   46  hundred dollars per week during the  continuance  thereof;  AND  FURTHER
   47  PROVIDED,  THAT  WHEN  A VOLUNTEER FIREFIGHTER IS INJURED IN THE LINE OF
   48  DUTY ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN,  SAID  FIREFIGHTER
   49  SHALL  RECEIVE SIX HUNDRED FIFTY DOLLARS DURING THE CONTINUANCE THEREOF.
   50  Temporary total disability, within the meaning of  this  section,  shall
   51  exist only if the earning capacity of the volunteer firefighter has been
   52  lost  temporarily  and  totally  as the result of the injury. In case of
   53  temporary total disability and permanent partial disability both result-
   54  ing from the same injury, if the temporary  total  disability  continues
   55  for  a longer period than the number of weeks set forth in the following
   56  schedule, the period of temporary total disability  in  excess  of  such
       A. 6689--C                          3
    1  number  of weeks shall be added to the period provided in section ten of
    2  this article: arm, thirty-two weeks; leg, forty weeks; hand,  thirty-two
    3  weeks;  foot,  thirty-two  weeks;  ear,  twenty-five  weeks; eye, twenty
    4  weeks;  thumb,  twenty-four  weeks;  first finger, eighteen weeks; great
    5  toe, twelve weeks; second finger,  twelve  weeks;  third  finger,  eight
    6  weeks;  fourth  finger,  eight  weeks;  toe  other than great toe, eight
    7  weeks. In any case resulting in loss or partial loss of use of arm, leg,
    8  hand, foot, ear, eye, thumb, finger or toe, where  the  temporary  total
    9  disability  does  not extend beyond the periods above mentioned for such
   10  injury, benefits shall be limited to the schedule contained  in  section
   11  ten of this article.
   12    S  3.  Section  8  of the volunteer ambulance workers' benefit law, as
   13  amended by chapter 574 of the laws  of  1998,  is  amended  to  read  as
   14  follows:
   15    S  8.  Permanent total disability benefits. In the case of total disa-
   16  bility adjudged to be permanent the volunteer ambulance worker shall  be
   17  paid  [four  hundred] SIX HUNDRED FIFTY dollars for each week during the
   18  continuance thereof. Permanent total disability, within the  meaning  of
   19  this  section, shall exist only if the earning capacity of the volunteer
   20  ambulance worker has been lost permanently and totally as the result  of
   21  the  injury. The loss of both hands, or both arms, or both feet, or both
   22  legs, or both eyes, or any two thereof, shall, in the absence of conclu-
   23  sive proof to the contrary, constitute permanent total  disability,  but
   24  in  all  other  cases  permanent total disability shall be determined in
   25  accordance with the facts. Notwithstanding any other provisions of  this
   26  chapter,  an injured volunteer ambulance worker disabled due to the loss
   27  or total loss of use of both eyes, or both hands, or both arms, or  both
   28  feet,  or  both legs, or any two thereof shall not suffer any diminution
   29  of such weekly benefit by engaging in business  or  employment  provided
   30  his or her weekly earnings or wages, when combined with his weekly bene-
   31  fit  shall  not  be in excess of [six hundred] NINE HUNDRED SEVENTY-FIVE
   32  dollars; and further provided that the application of this section shall
   33  not result in reduction of benefits which an injured volunteer ambulance
   34  worker who is disabled due to the loss or total  loss  of  use  of  both
   35  eyes,  or  both  hands, or both arms, or both feet, or both legs, or any
   36  two thereof would otherwise be entitled to under any other provisions of
   37  this article.
   38    S 4. Section 9 of the volunteer ambulance  workers'  benefit  law,  as
   39  amended  by  chapter  924  of  the  laws  of 1990, is amended to read as
   40  follows:
   41    S 9. Temporary total disability benefits. In  the  case  of  temporary
   42  total  disability  the  volunteer  ambulance  worker shall be paid three
   43  hundred dollars for each week during the continuance thereof;  provided,
   44  however, that when the volunteer ambulance worker is injured in the line
   45  of  duty  on or after the effective date of this chapter to June thirti-
   46  eth, nineteen hundred ninety; further provided, that when the  volunteer
   47  ambulance  worker is injured in the line of duty on or after July first,
   48  nineteen hundred ninety to June thirtieth, nineteen hundred  ninety-one,
   49  said ambulance worker shall receive three hundred forty dollars per week
   50  during the continuance thereof, and further provided, that when a volun-
   51  teer  ambulance  worker  is injured in the line of duty on or after July
   52  first, nineteen hundred ninety-one to June thirtieth,  nineteen  hundred
   53  ninety-two,  said  ambulance  worker  shall  receive three hundred fifty
   54  dollars per week during the continuance thereof; provided  further  that
   55  when  a  volunteer ambulance worker is injured in the line of duty on or
   56  after July first, nineteen hundred ninety-two TO DECEMBER  THIRTY-FIRST,
       A. 6689--C                          4
    1  TWO  THOUSAND  FOURTEEN such ambulance worker shall be paid four hundred
    2  dollars for each week during the continuance thereof;  PROVIDED  FURTHER
    3  THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF DUTY ON
    4  OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN SUCH AMBULANCE WORKER SHALL
    5  BE  PAID  SIX HUNDRED FIFTY DOLLARS FOR EACH WEEK DURING THE CONTINUANCE
    6  THEREOF.   Temporary  total  disability,  within  the  meaning  of  this
    7  section, shall exist only if the earning capacity of the volunteer ambu-
    8  lance  worker has been lost temporarily and totally as the result of the
    9  injury. In case of temporary  total  disability  and  permanent  partial
   10  disability  both  resulting from the same injury, if the temporary total
   11  disability continues for a longer period than the number  of  weeks  set
   12  forth in the following schedule, the period of temporary total disabili-
   13  ty  in  excess  of  such  number  of  weeks shall be added to the period
   14  provided in section ten  of  this  [chapter]  ARTICLE:  arm,  thirty-two
   15  weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks;
   16  ear,  twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks;
   17  first finger, eighteen weeks; great toe, twelve  weeks;  second  finger,
   18  twelve weeks; third finger, eight weeks, fourth finger, eight weeks; toe
   19  other  than  great  toe,  eight  weeks. In any case resulting in loss or
   20  partial loss of use of arm, leg, hand, foot, ear, eye, thumb, finger  or
   21  toe,  where  the  temporary  total disability does not extend beyond the
   22  periods above mentioned for such injury, benefits shall  be  limited  to
   23  the schedule contained in section ten of this [chapter] ARTICLE.
   24    S 5. This act shall take effect on January 1, 2015.
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