Bill Text: NY S00583 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to permanent total disability eligibility, providing a presumption of permanent total disability for employees who are found eligible for federal social security disability benefits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-03-07 - PRINT NUMBER 583A [S00583 Detail]

Download: New_York-2017-S00583-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         583--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor  --  recommitted  to
          the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
        AN  ACT to amend the workers' compensation law, in relation to permanent
          total disability
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1 of section 15 of the workers' compensation
     2  law, as amended by chapter 675 of the laws of 1977, is amended  to  read
     3  as follows:
     4    1. Permanent total disability. In case of total disability adjudged to
     5  be  permanent  sixty-six and two-thirds per centum of the average weekly
     6  wages shall be paid to the employee during the continuance of such total
     7  disability. Loss of both hands, or both arms,  or  both  feet,  or  both
     8  legs, or both eyes, or of any two thereof or approval for federal social
     9  security  disability benefits as a result of the compensable accident or
    10  occupational disease shall, in the absence of conclusive  proof  to  the
    11  contrary,  constitute  permanent  total disability.   In all other cases
    12  permanent total disability shall be determined in  accordance  with  the
    13  facts.  Notwithstanding  any other provision of this chapter, an injured
    14  employee disabled due to the loss or total loss of use of both eyes,  or
    15  both  hands,  or  both  arms,  or both feet, or both legs, or of any two
    16  thereof shall not suffer any diminution of his or  her  compensation  by
    17  engaging  in  business  or  employment  provided  his or her earnings or
    18  wages, when combined with his or  her  compensation,  shall  not  be  in
    19  excess of the wage base on which the maximum weekly compensation benefit
    20  is  computed  under  the  law in effect at time of such earning; further
    21  provided, that if the combination exceeds such wage  base,  the  compen-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00079-02-8
        S. 583--A                           2
     1  sation  shall be diminished to an amount which, together with his or her
     2  earnings or wages, shall equal the wage base; and further provided  that
     3  the  application  of  this  subdivision shall not result in reduction of
     4  compensation  which  an injured employee who is disabled due to the loss
     5  or total loss of use of both eyes, or both hands, or both arms, or  both
     6  feet, or both legs or of any two thereof, would otherwise be entitled to
     7  under any other provision of this section.
     8    § 2. This act shall take effect immediately.