Bill Text: NY A11078 | 2019-2020 | General Assembly | Introduced
Bill Title: Increases temporary and permanent disability payments for volunteer firefighters and ambulance workers, and specifies weekly payment amounts for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-10-07 - referred to local governments [A11078 Detail]
Download: New_York-2019-A11078-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 11078 IN ASSEMBLY October 7, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Steck) -- 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 certain disability payments and specifying payments for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty 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] nine hundred dollars for each week during the continuance thereof. 7 Permanent total disability, within the meaning of this section, shall 8 exist only if the earning capacity of the volunteer firefighter has been 9 lost permanently and totally as the result of the injury. The loss of 10 both hands, or both arms, or both feet, or both legs, or both eyes, or 11 any two thereof, shall, in the absence of conclusive proof to the 12 contrary, constitute permanent total disability, but in all other cases 13 permanent total disability shall be determined in accordance with the 14 facts. Notwithstanding any other provisions of this chapter, an injured 15 volunteer firefighter disabled due to the loss or total loss of use of 16 both eyes, or both hands, or both arms, or both feet, or both legs, or 17 any two thereof shall not suffer any diminution of such weekly benefit 18 by engaging in business or employment provided his or her weekly earn- 19 ings or wages, when combined with his or her weekly benefit shall not be 20 in excess of eight hundred dollars; and further provided that the appli- 21 cation of this section shall not result in reduction of benefits which 22 an injured volunteer firefighter who is disabled due to the loss or 23 total loss of use of both eyes, or both hands, or both arms, or both 24 feet, or both legs, or any two thereof would otherwise be entitled to 25 under any other provisions of this article. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD17436-01-0A. 11078 2 1 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 2 by chapter 924 of the laws of 1990, is amended to read as follows: 3 § 9. Temporary total disability benefits. In the case of temporary 4 total disability the volunteer firefighter shall be paid one hundred 5 twenty-five dollars for each week during the continuance thereof; 6 provided, however, that when the volunteer firefighter is injured in the 7 line of duty on or after July first, nineteen hundred seventy-eight to 8 December thirty-first, nineteen hundred seventy-eight, said firefighter 9 shall receive one hundred eighty dollars per week during the continuance 10 thereof; and further provided, that when the volunteer firefighter is 11 injured in the line of duty on or after January first, nineteen hundred 12 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 13 firefighter shall receive two hundred fifteen dollars per week during 14 the continuance thereof; and further provided, that when the volunteer 15 firefighter is injured in the line of duty on or after July first, nine- 16 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 17 four, said firefighter shall receive two hundred fifty-five dollars per 18 week during the continuance thereof; and further provided, that when the 19 volunteer firefighter is injured in the line of duty on or after July 20 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 21 eighty-five, said firefighter shall receive two hundred seventy-five 22 dollars per week during the continuance thereof; and further provided, 23 that when the volunteer firefighter is injured in the line of duty on or 24 after July first, nineteen hundred eighty-five to June thirtieth, nine- 25 teen hundred ninety, said firefighter shall receive three hundred 26 dollars per week during the continuance thereof; and further provided, 27 that when the volunteer firefighter is injured in the line of duty on or 28 after July first, nineteen hundred ninety to June thirtieth, nineteen 29 hundred ninety-one, said firefighter shall receive three hundred forty 30 dollars per week during the continuance thereof; and further provided, 31 that when a volunteer firefighter is injured in the line of duty on or 32 after July first, nineteen hundred ninety-one to June thirtieth, nine- 33 teen hundred ninety-two, said firefighter shall receive three hundred 34 fifty dollars per week during the continuance thereof; and further 35 provided, that when a volunteer firefighter is injured in the line of 36 duty on or after July first, [nineteen hundred ninety-two] two thousand 37 twenty, said firefighter shall receive [four] nine hundred dollars per 38 week during the continuance thereof. Temporary total disability, within 39 the meaning of this section, shall exist only if the earning capacity of 40 the volunteer firefighter has been lost temporarily and totally as the 41 result of the injury. In case of temporary total disability and perma- 42 nent partial disability both resulting from the same injury, if the 43 temporary total disability continues for a longer period than the number 44 of weeks set forth in the following schedule, the period of temporary 45 total disability in excess of such number of weeks shall be added to the 46 period provided in section ten of this article: arm, thirty-two weeks; 47 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 48 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 49 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 50 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other 51 than great toe, eight weeks. In any case resulting in loss or partial 52 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 53 where the temporary total disability does not extend beyond the periods 54 above mentioned for such injury, benefits shall be limited to the sched- 55 ule contained in section ten of this article.A. 11078 3 1 § 3. The opening paragraph and paragraph (g) of subdivision 1 of 2 section 10 of the volunteer firefighters' benefit law, the opening para- 3 graph as amended by chapter 21 of the laws of 1991, paragraph (g) as 4 amended by chapter 584 of the laws of 1974, the opening subparagraph and 5 subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of 6 2018 and subparagraphs 1 and 2 of paragraph (g) as amended by chapter 7 924 of the laws of 1990, are amended to read as follows: 8 In the case of disability partial in character, but permanent in qual- 9 ity, the volunteer firefighter shall be paid ninety-five dollars for 10 each week for the period specified in this subdivision, provided, howev- 11 er, that when the volunteer firefighter is injured in the line of duty 12 on or after January first, nineteen hundred seventy-eight to June thir- 13 tieth, nineteen hundred eighty-three, such payment shall be one hundred 14 five dollars for each week, and further provided that when a volunteer 15 firefighter is injured in the line of duty on or after July first, nine- 16 teen hundred eighty-three to and including June thirtieth, nineteen 17 hundred eighty-four, such payments shall be one hundred twenty-five 18 dollars for each week and provided further that when the volunteer fire- 19 fighter is injured in the line of duty on or after July first, nineteen 20 hundred eighty-four to and including June thirtieth, nineteen hundred 21 eighty-five such payments shall be one hundred thirty-five dollars for 22 each week and provided further that when the volunteer firefighter is 23 injured in the line of duty on or after July first, nineteen hundred 24 eighty-five to and including June thirtieth, nineteen hundred ninety 25 such payments shall be one hundred fifty dollars for each week, and 26 provided further that when the volunteer firefighter is injured in the 27 line of duty on or after July first, nineteen hundred ninety to and 28 including June thirtieth, nineteen hundred ninety-one such payments 29 shall be two hundred eighty dollars for each week, and provided further 30 that when the volunteer firefighter is injured in the line of duty on or 31 after July first, nineteen hundred ninety-one to and including June 32 thirtieth, nineteen hundred ninety-two such payments shall be three 33 hundred fifty dollars for each week, and provided further that when the 34 volunteer firefighter is injured in the line of duty on or after July 35 first, nineteen hundred ninety-two such payments shall be four hundred 36 dollars for each week, and provided further that when the volunteer 37 firefighter is injured in the line of duty on or after July first, two 38 thousand twenty such payments shall be nine hundred dollars for each 39 week as follows: 40 (g) Other cases. In all other cases of permanent partial disability 41 the volunteer firefighter shall be paid for each week during the contin- 42 uance thereof, as follows: 43 1. If the percentage of loss of earning capacity is seventy-five per 44 centum, or greater, he or she shall be paid ninety-five dollars for each 45 week, provided, however, that when the volunteer firefighter is injured 46 in the line of duty on or after January first, nineteen hundred seven- 47 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 48 such payment shall be one hundred five dollars for each week provided, 49 however, that when the volunteer firefighter is injured in the line of 50 duty on or after July first, nineteen hundred eighty-three to and 51 including June thirtieth, nineteen hundred eighty-four, such payment 52 shall be one hundred twenty-five dollars for each week provided, howev- 53 er, that when the volunteer firefighter is injured in the line of duty 54 on or after July first, nineteen hundred eighty-four to and including 55 June thirtieth, nineteen hundred eighty-five such payment shall be one 56 hundred thirty-five dollars for each week, provided, however, that whenA. 11078 4 1 the volunteer firefighter is injured in the line of duty on or after 2 July first, nineteen hundred eighty-five to and including June thirti- 3 eth, nineteen hundred ninety such payment shall be one hundred fifty 4 dollars for each week, provided, however, that when the volunteer fire- 5 fighter is injured in the line of duty on or after July first, nineteen 6 hundred ninety to and including June thirtieth, nineteen hundred nine- 7 ty-one such payment shall be two hundred eighty dollars for each week, 8 and provided further that when the volunteer firefighter is injured in 9 the line of duty on or after July first, nineteen hundred ninety-one to 10 and including June thirtieth, nineteen hundred ninety-two such payment 11 shall be three hundred fifty dollars for each week, and provided further 12 that when the volunteer firefighter is injured in the line of duty on or 13 after July first, nineteen hundred ninety-two such payment shall be four 14 hundred dollars for each week, and provided further that when the volun- 15 teer firefighter is injured in the line of duty on or after July first, 16 two thousand twenty such payment shall be nine hundred dollars for each 17 week; 18 2. If the percentage of loss of earning capacity is fifty per centum, 19 or greater, but less than seventy-five per centum, he or she shall be 20 paid sixty-three dollars and thirty-three cents for each week, provided, 21 however, that when the volunteer firefighter is injured in the line of 22 duty on or after January first, nineteen hundred seventy-eight to and 23 including June thirtieth, nineteen hundred eighty-three, such payment 24 shall be seventy dollars for each week, provided, however, that when the 25 volunteer firefighter is injured in the line of duty on or after July 26 first, nineteen hundred eighty-three to and including June thirtieth, 27 nineteen hundred eighty-four such payment shall be eighty-three dollars 28 and thirty-three cents for each week, provided, however, that when the 29 volunteer firefighter is injured in the line of duty on or after July 30 first, nineteen hundred eighty-four, to and including June thirtieth, 31 nineteen hundred eighty-five, such payment shall be ninety dollars for 32 each week, provided, however, that when the volunteer firefighter is 33 injured in the line of duty on or after July first, nineteen hundred 34 eighty-five to and including June thirtieth, nineteen hundred ninety 35 such payment shall be one hundred dollars for each week, provided, 36 however, that when the volunteer firefighter is injured in the line of 37 duty on or after July first, nineteen hundred ninety to and including 38 June thirtieth, nineteen hundred ninety-one such payment shall be one 39 hundred eighty-six dollars and seventy-six cents for each week, 40 provided, however, that when the volunteer firefighter is injured in the 41 line of duty on or after July first, nineteen hundred ninety-one to and 42 including June thirtieth, nineteen hundred ninety-two such payment shall 43 be two hundred thirty-four dollars and fifty cents for each week, 44 provided, however, that when the volunteer firefighter is injured in the 45 line of duty on or after July first, nineteen hundred ninety-two such 46 payment shall be two hundred sixty-eight dollars for each week, 47 provided, however, that when the volunteer firefighter is injured in the 48 line of duty on or after July first, two thousand twenty such payment 49 shall be five hundred thirty-six dollars for each week; 50 3. If the percentage of loss of earning capacity is twenty-five per 51 centum, or greater, but less than fifty per centum, he shall be paid 52 [thirty] two hundred dollars for each week; 53 4. If the percentage of loss of earning capacity is less than twenty- 54 five per centum, he or she shall [not] be paid [any weekly benefit.55Permanent partial disability, within the meaning of this paragraph,56shall exist only if the earning capacity of the volunteer firefighterA. 11078 5 1has been permanently and partially lost as the result of the injury. The2workers' compensation board shall determine the degree of such disabili-3ty and such board may reconsider such degree on its own motion or upon4application of any party in interest] fifty dollars for each week. 5 § 4. Section 8 of the volunteer ambulance workers' benefit law, as 6 amended by chapter 401 of the laws of 2016, is amended to read as 7 follows: 8 § 8. Permanent total disability benefits. In the case of total disa- 9 bility adjudged to be permanent the volunteer ambulance worker shall be 10 paid [six] nine hundred dollars for each week during the continuance 11 thereof. Permanent total disability, within the meaning of this section, 12 shall exist only if the earning capacity of the volunteer ambulance 13 worker has been lost permanently and totally as the result of the inju- 14 ry. The loss of both hands, or both arms, or both feet, or both legs, or 15 both eyes, or any two thereof, shall, in the absence of conclusive proof 16 to the contrary, constitute permanent total disability, but in all other 17 cases permanent total disability shall be determined in accordance with 18 the facts. Notwithstanding any other provisions of this chapter, an 19 injured volunteer ambulance worker disabled due to the loss or total 20 loss of use of both eyes, or both hands, or both arms, or both feet, or 21 both legs, or any two thereof shall not suffer any diminution of such 22 weekly benefit by engaging in business or employment provided his or her 23 weekly earnings or wages, when combined with his weekly benefit shall 24 not be in excess of eight hundred dollars; and further provided that the 25 application of this section shall not result in reduction of benefits 26 which an injured volunteer ambulance worker who is disabled due to the 27 loss or total loss of use of both eyes, or both hands, or both arms, or 28 both feet, or both legs, or any two thereof would otherwise be entitled 29 to under any other provisions of this article. 30 § 5. Section 9 of the volunteer ambulance workers' benefit law, as 31 amended by chapter 924 of the laws of 1990, is amended to read as 32 follows: 33 § 9. Temporary total disability benefits. In the case of temporary 34 total disability the volunteer ambulance worker shall be paid three 35 hundred dollars for each week during the continuance thereof; provided, 36 however, that when the volunteer ambulance worker is injured in the line 37 of duty on or after the effective date of this chapter to June thirti- 38 eth, nineteen hundred ninety; further provided, that when the volunteer 39 ambulance worker is injured in the line of duty on or after July first, 40 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 41 said ambulance worker shall receive three hundred forty dollars per week 42 during the continuance thereof, and further provided, that when a volun- 43 teer ambulance worker is injured in the line of duty on or after July 44 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 45 ninety-two, said ambulance worker shall receive three hundred fifty 46 dollars per week during the continuance thereof; provided further that 47 when a volunteer ambulance worker is injured in the line of duty on or 48 after July first, nineteen hundred ninety-two such ambulance worker 49 shall be paid four hundred dollars for each week during the continuance 50 thereof; provided further that when a volunteer ambulance worker is 51 injured in the line of duty on or after July first, two thousand twenty 52 such ambulance worker shall be paid nine hundred dollars for each week 53 during the continuance thereof. Temporary total disability, within the 54 meaning of this section, shall exist only if the earning capacity of the 55 volunteer ambulance worker has been lost temporarily and totally as the 56 result of the injury. In case of temporary total disability and perma-A. 11078 6 1 nent partial disability both resulting from the same injury, if the 2 temporary total disability continues for a longer period than the number 3 of weeks set forth in the following schedule, the period of temporary 4 total disability in excess of such number of weeks shall be added to the 5 period provided in section ten of this chapter: arm, thirty-two weeks; 6 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 7 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 8 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 9 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other 10 than great toe, eight weeks. In any case resulting in loss or partial 11 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 12 where the temporary total disability does not extend beyond the periods 13 above mentioned for such injury, benefits shall be limited to the sched- 14 ule contained in section ten of this chapter. 15 § 6. The opening paragraph and paragraph g of subdivision 1 of section 16 10 of the volunteer ambulance workers' benefit law, the opening para- 17 graph as amended by chapter 21 of the laws of 1991, paragraph g as 18 amended by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of 19 paragraph g as amended by chapter 924 of the laws of 1990, are amended 20 to read as follows: 21 In the case of disability partial in character, but permanent in qual- 22 ity, the volunteer ambulance worker, injured in the line of duty shall 23 be paid one hundred fifty dollars for each week for the period specified 24 in this subdivision, provided, however, that when the volunteer ambu- 25 lance worker is injured in the line of duty on or after the effective 26 date of this chapter to and including June thirtieth, nineteen hundred 27 ninety, and provided further that when the volunteer ambulance worker is 28 injured in the line of duty on or after July first, nineteen hundred 29 ninety to and including June thirtieth, nineteen hundred ninety-one such 30 payments shall be two hundred eighty dollars for each week, and provided 31 further that when the volunteer ambulance worker is injured in the line 32 of duty on or after July first, nineteen hundred ninety-one to and 33 including June thirtieth, nineteen hundred ninety-two such payments 34 shall be three hundred fifty dollars for each week; and provided further 35 that when the volunteer ambulance worker is injured in the line of duty 36 on or after July first, nineteen hundred ninety-two such payments shall 37 be four hundred dollars for each week; and provided further that when 38 the volunteer ambulance worker is injured in the line of duty on or 39 after July first, two thousand twenty such payments shall be nine 40 hundred dollars for each week as follows: 41 g. Other cases. In all other cases of permanent partial disability the 42 volunteer ambulance worker shall be paid for each week, during the 43 continuance thereof, as follows: 44 (1) If the percentage of loss of earning capacity is seventy-five per 45 centum, or greater, he or she shall be paid one hundred fifty dollars 46 for each week, provided, however, that the volunteer ambulance worker is 47 injured in the line of duty on or after the effective date of this chap- 48 ter to and including June thirtieth, nineteen hundred ninety, provided, 49 however, that when the volunteer ambulance worker is injured in the line 50 of duty on or after July first, nineteen hundred ninety to and including 51 June thirtieth, nineteen hundred ninety-one such payment shall be two 52 hundred eighty dollars for each week, and provided further that when the 53 volunteer ambulance worker is injured in the line of duty on or after 54 July first, nineteen hundred ninety-one to and including June thirtieth, 55 nineteen hundred ninety-two such payment shall be three hundred fifty 56 dollars for each week; and provided further that when the volunteerA. 11078 7 1 ambulance worker is injured in the line of duty on or after July first, 2 nineteen hundred ninety-two such payments shall be four hundred dollars 3 for each week; and provided further that when the volunteer ambulance 4 worker is injured in the line of duty on or after July first, two thou- 5 sand twenty, such payments shall be nine hundred dollars for each week. 6 (2) If the percentage of loss of earning capacity is fifty per centum, 7 or greater, but less than seventy-five per centum, he or she shall be 8 paid one hundred dollars for each week, provided, however, that the 9 volunteer ambulance worker is injured in the line of duty on or after 10 the effective date of this chapter to and including June thirtieth, 11 nineteen hundred ninety, provided, however, that when the volunteer 12 ambulance worker is injured in the line of duty on or after July first, 13 nineteen hundred ninety to and including June thirtieth, nineteen 14 hundred ninety-one, such payment shall be one hundred eighty-six dollars 15 and seventy-six cents for each week, provided, however, that when the 16 volunteer ambulance worker is injured in the line of duty on or after 17 July first, nineteen hundred ninety-one to and including June thirtieth, 18 nineteen hundred ninety-two, such payment shall be two hundred thirty- 19 four dollars and fifty cents for each week; provided, however, that when 20 the volunteer ambulance worker is injured in the line of duty on or 21 after July first, nineteen hundred ninety-two, such payment shall be two 22 hundred sixty-eight dollars for each week; provided, however, that when 23 the volunteer ambulance worker is injured in the line of duty on or 24 after July first, two thousand twenty, such payment shall be five 25 hundred thirty-six dollars for each week. 26 (3) If the percentage of loss of earning capacity is twenty-five 27 percentum, or greater, but less than fifty per centum, he or she shall 28 be paid [thirty] two hundred dollars for each week. 29 (4) If the percentage of loss of earning capacity is less than twen- 30 ty-five per centum, he or she shall [not] be paid [any weekly benefit] 31 fifty dollars per week. 32 Permanent partial disability, within the meaning of this paragraph, 33 shall exist only if the earning capacity of the volunteer ambulance 34 worker has been permanently and partially lost as the result of the 35 injury. The workers' compensation board shall determine the degree of 36 such disability and such board may reconsider such degree on its own 37 motion or upon application of any party in interest. 38 § 7. This act shall take effect immediately.
