Bill Text: NY S03010 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to the applicable average weekly wage.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-28 - PRINT NUMBER 3010A [S03010 Detail]

Download: New_York-2013-S03010-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3010--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2013
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 applicable
         average weekly wage
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 16 of section 2 of  the  workers'  compensation
    2  law, as added by chapter 6 of the laws of 2007 and as further amended by
    3  section  104  of part A of chapter 62 of the laws of 2011, is amended to
    4  read as follows:
    5    16. "[New York state] APPLICABLE average weekly wage" shall  mean  THE
    6  LESSER  OF: (I) the average weekly wage of the state of New York for the
    7  previous calendar year as reported by the commissioner of labor  to  the
    8  superintendent  of financial services on March thirty-first; OR (II) THE
    9  AVERAGE WEEKLY WAGE OF THE  ECONOMIC  DEVELOPMENT  REGION,  PURSUANT  TO
   10  SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
   11  EMPLOYEE  RESIDES AS REPORTED BY THE COMMISSIONER OF LABOR TO THE SUPER-
   12  INTENDENT OF FINANCIAL SERVICES ON MARCH THIRTY-FIRST. PROVIDED,  HOWEV-
   13  ER, THAT THE APPLICABLE AVERAGE WEEKLY WAGE SHALL NOT BE LESS THAN SEVEN
   14  HUNDRED NINETY-TWO DOLLARS.
   15    S  2.  Paragraph  (a)  of  subdivision 6 of section 15 of the workers'
   16  compensation law, as amended by section 7-a of part GG of chapter 57  of
   17  the laws of 2013, is amended to read as follows:
   18    (a) Compensation for permanent or temporary total disability due to an
   19  accident  or  disablement  resulting  from  an occupational disease that
   20  occurs, (1) on or after January first, nineteen  hundred  seventy-eight,
   21  shall  not  exceed one hundred twenty-five dollars per week, that occurs
   22  (2) on or after July first, nineteen hundred  seventy-eight,  shall  not
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07470-03-4
       S. 3010--A                          2
    1  exceed  one hundred eighty dollars per week, that occurs (3) on or after
    2  January first, nineteen  hundred  seventy-nine,  shall  not  exceed  two
    3  hundred  fifteen  dollars  per  week,  that  occurs (4) on or after July
    4  first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
    5  fifty-five dollars per week, that occurs (5) on  or  after  July  first,
    6  nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
    7  dollars per week, that occurs (6)  on  or  after  July  first,  nineteen
    8  hundred  eighty-five,  shall  not exceed three hundred dollars per week,
    9  that occurs (7) on or after July first, nineteen hundred  ninety,  shall
   10  not  exceed  three  hundred  forty  dollars per week; and in the case of
   11  temporary total disability shall not be less  than  thirty  dollars  per
   12  week  and  in  the  case of permanent total disability shall not be less
   13  than twenty dollars per week except that if the employee's wages at  the
   14  time  of  injury are less than thirty or twenty dollars per week respec-
   15  tively, he or she shall receive his or her full weekly wages.    Compen-
   16  sation  for permanent or temporary partial disability due to an accident
   17  or disablement resulting from an occupational disease that occurs (1) on
   18  or after January first, nineteen hundred seventy-eight, shall not exceed
   19  one hundred five dollars per week, that occurs  (2)  on  or  after  July
   20  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
   21  ty-five  dollars per week, that occurs (3) on or after July first, nine-
   22  teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
   23  dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
   24  hundred eighty-five, shall not exceed  one  hundred  fifty  dollars  per
   25  week,  that  occurs (5) on or after July first, nineteen hundred ninety,
   26  shall not exceed two hundred eighty dollars per week; nor be  less  than
   27  twenty dollars per week; except that if the employee's wages at the time
   28  of injury are less than twenty dollars per week, he or she shall receive
   29  his  or  her  full  weekly  wages.  In  no event shall compensation when
   30  combined with decreased earnings or earning capacity exceed  the  amount
   31  of  wages  which  the  employee  was  receiving  at  the time the injury
   32  occurred. Compensation for permanent or temporary partial disability, or
   33  for permanent or temporary total disability due to an accident or  disa-
   34  blement  resulting  from  an  occupational disease that occurs (1) on or
   35  after July first, nineteen hundred ninety-one and prior to  July  first,
   36  nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty
   37  dollars per week; (2) on or after July first, nineteen  hundred  ninety-
   38  two,  shall  not  exceed four hundred dollars per week; nor be less than
   39  forty dollars per week except that if the employee's wages at  the  time
   40  of  injury  are  less  than  forty  dollars per week, the employee shall
   41  receive his or her full wages. Compensation for permanent  or  temporary
   42  partial  disability,  or for permanent or temporary total disability due
   43  to an accident or disablement resulting  from  an  occupational  disease
   44  that  occurs  (1)  on  or after July first, two thousand seven shall not
   45  exceed five hundred dollars per week, (2) on or after  July  first,  two
   46  thousand eight shall not exceed five hundred fifty dollars per week, (3)
   47  on  or  after July first, two thousand nine shall not exceed six hundred
   48  dollars per week, and (4) on or after July first, two thousand ten,  and
   49  on  or  after  July first of each succeeding year, shall not exceed two-
   50  thirds of the [New York state] APPLICABLE average weekly  wage  for  the
   51  year  in  which  it is reported. Compensation for permanent or temporary
   52  partial disability, or for permanent or temporary total  disability  due
   53  to  an  accident  or  disablement resulting from an occupational disease
   54  that occurs on or after July first, two thousand seven shall not be less
   55  than one hundred dollars per week except that if the employee's wages at
   56  the time of injury are less than  one  hundred  dollars  per  week,  the
       S. 3010--A                          3
    1  employee  shall  receive his or her full wages.  Compensation for perma-
    2  nent or temporary partial disability,  or  for  permanent  or  temporary
    3  total  disability  due  to  an accident or disablement resulting from an
    4  occupational  disease  that  occurs  on or after May first, two thousand
    5  thirteen shall not be less than  one  hundred  fifty  dollars  per  week
    6  except  that if the employee's wages at the time of injury are less than
    7  one hundred fifty dollars per week, the employee shall  receive  his  or
    8  her  full  wages.  In  no  event  shall  compensation when combined with
    9  decreased earnings or earning capacity exceed the amount  of  wages  the
   10  employee was receiving at the time the injury occurred. Compensation for
   11  permanent or temporary partial disability, or for permanent or temporary
   12  total  disability  due  to  an accident or disablement resulting from an
   13  occupational disease or injury that occurred as a result of World  Trade
   14  Center  rescue  activity by an employee of a private voluntary hospital,
   15  who passed a physical examination upon employment  as  a  rescue  worker
   16  that  failed  to  reveal  evidence of a condition that was the proximate
   17  cause of disablement or occupational disease or injury, shall not exceed
   18  three-quarters of a claimant's wage on September eleventh, two  thousand
   19  one.  In  no event shall compensation when combined with decreased earn-
   20  ings or earning capacity exceed the amount of  wages  the  employee  was
   21  receiving on September eleventh, two thousand one.
   22    S  3. Subdivision 5 of section 52 of the workers' compensation law, as
   23  amended by section 19 of part GG of chapter 57 of the laws of  2013,  is
   24  amended to read as follows:
   25    5. The chair, upon finding that an employer has failed for a period of
   26  not  less than ten consecutive days to make the provision for payment of
   27  compensation required by section fifty of this article, may impose  upon
   28  such  employer, in addition to all other penalties, fines or assessments
   29  provided for in this chapter, a penalty of up to  two  thousand  dollars
   30  for  each ten day period of non-compliance or a sum not in excess of two
   31  times the cost of compensation for its payroll for the  period  of  such
   32  failure,  which  sum  shall  be  paid into the uninsured employers' fund
   33  created under section twenty-six-a of this  chapter.  When  an  employer
   34  fails  to  provide  business  records  sufficient to enable the chair to
   35  determine the employer's payroll for the period requested for the calcu-
   36  lation of the penalty provided  in  this  section,  the  imputed  weekly
   37  payroll  for each employee, corporate officer, sole proprietor, or part-
   38  ner shall be the [New York state] APPLICABLE average weekly wage, multi-
   39  plied by 1.5. Where the employer is a corporation, the president, secre-
   40  tary and treasurer thereof shall be  liable  for  the  penalty.  If  the
   41  employer  shall  within  thirty days after notice of the imposition of a
   42  penalty by the chair pursuant to this subdivision make an application in
   43  affidavit form for a redetermination review of such  penalty  the  chair
   44  shall  make  a decision in writing on the issues raised on such applica-
   45  tion.
   46    S 4. This act shall take effect immediately.
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