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.