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

New York Senate Bill 583 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           583
                               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
        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  shall,  in  the  absence  of
     9  conclusive proof to the contrary, constitute permanent total disability.
    10  In  all  other  cases  permanent total disability shall be determined in
    11  accordance with the facts.    Where,  however,  the  employee  has  been
    12  approved  for  federal social security disability benefits substantially
    13  as a result of a compensable injury or illness, it shall be presumed, in
    14  the absence of substantial evidence to the contrary, that he or  she  is
    15  permanently  totally  disabled.  Notwithstanding  any other provision of
    16  this chapter, an injured employee disabled due to the loss or total loss
    17  of use of both eyes, or both hands, or both arms, or both feet, or  both
    18  legs,  or  of  any two thereof shall not suffer any diminution of his or
    19  her compensation by engaging in business or employment provided  his  or
    20  her earnings or wages, when combined with his or her compensation, shall
    21  not  be  in  excess of the wage base on which the maximum weekly compen-
    22  sation benefit is computed under the law in effect at time of such earn-
    23  ing; further provided, that if the combination exceeds such  wage  base,
    24  the  compensation  shall be diminished to an amount which, together with
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00079-01-7

        S. 583                              2
     1  his or her earnings or wages, shall equal the  wage  base;  and  further
     2  provided  that  the  application of this subdivision shall not result in
     3  reduction of compensation which an injured employee who is disabled  due
     4  to  the  loss  or total loss of use of both eyes, or both hands, or both
     5  arms, or both feet, or both legs or of any two thereof, would  otherwise
     6  be entitled to under any other provision of this section.
     7    § 2. This act shall take effect immediately.