Bill Text: NY S04587 | 2013-2014 | General Assembly | Introduced

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Bill Title: Removes the mandatory aggregate trust fund deposit requirements for non-scheduled permanent partial disability cases.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S04587 Detail]

Download: New_York-2013-S04587-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4587
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 12, 2013
                                      ___________
       Introduced  by  Sen.  SEWARD -- 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  removing
         the  mandatory aggregate trust fund deposit requirements for non-sche-
         duled permanent partial disability cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2 of section 27 of the workers' compensation
    2  law, as amended by chapter 6 of the laws of 2007, is amended to read  as
    3  follows:
    4    2.  If  an award under this chapter requires payment of death benefits
    5  or other compensation by an insurance carrier or employer in  periodical
    6  payments,  the  board may, in its discretion, at any time, any provision
    7  of this chapter to the contrary notwithstanding, compute and  permit  or
    8  require  to be paid into the aggregate trust fund an amount equal to the
    9  present value of all unpaid death  benefits  or  other  compensation  in
   10  cases  in which awards are made for total permanent or permanent partial
   11  disability for a period of one hundred and four weeks or more, for which
   12  liability exists, together with such additional sum  as  the  board  may
   13  deem  necessary for a proportionate payment of expenses of administering
   14  the fund so created, including the cost of the actuarial computation  by
   15  or on behalf of the board of the present value of the award, and for the
   16  purposes of this section such cases shall be known as discretionary type
   17  cases.  If  any such award made on or after July first, nineteen hundred
   18  thirty-five, requires payment for total permanent  disability  resulting
   19  from  the  loss of both hands, or both arms, or both feet, or both legs,
   20  or both eyes, or of any two thereof, or for permanent partial disability
   21  resulting from loss of an arm, leg, hand, foot or eye, or of death bene-
   22  fits by an insurance carrier which is  a  stock  corporation  or  mutual
   23  association,  [or  if  any  such  award made on or after July first, two
   24  thousand seven requires payment for permanent partial  disability  under
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03187-01-3
       S. 4587                             2
    1  paragraph  w  of subdivision three of section fifteen of this article by
    2  an insurance carrier which is a  stock  corporation  or  mutual  associ-
    3  ation,]  which for the purposes of this section shall be known as manda-
    4  tory  type  cases, the board shall immediately compute the present value
    5  thereof and require payment of such  amount  into  the  aggregate  trust
    6  fund,  together with such additional sum as the board may deem necessary
    7  for a proportionate payment of expenses of administering such trust fund
    8  including the cost of the actuarial computation by or on behalf  of  the
    9  board of the present value of the award provided, however, that where an
   10  employer  or his insurance carrier is found to be entitled to reimburse-
   11  ment from the special disability fund of subdivision  eight  of  section
   12  fifteen  OF  THIS  ARTICLE,  the computation of the present value of the
   13  award and the requirement for payment of such amount into the said trust
   14  fund shall not be mandatory and such cases shall be deemed to be discre-
   15  tionary type cases; further provided that where an employee entitled  to
   16  compensation  under  this chapter be injured or killed by the negligence
   17  or wrong of another not in the same employ, the computation of the pres-
   18  ent value and the requirement for payment of such amount into  the  said
   19  trust  fund  shall be held in abeyance until (1) six months have elapsed
   20  from the award of compensation, or in any event not more than  one  year
   21  after  the  date of the accident, if the injured employee, or in case of
   22  death, his personal representatives, spouse, parents, dependents or next
   23  of kin, or anyone otherwise entitled to recover damages at common law or
   24  otherwise, on account of such injury or death, have failed  to  commence
   25  such  action,  (2)  the  termination  of  any such action brought by the
   26  injured employee, or in case of  death,  his  personal  representatives,
   27  spouse, parents, dependents or next of kin, or anyone otherwise entitled
   28  to recover damages, at common law or otherwise, on account of such inju-
   29  ry  or  death, under the provisions of section twenty-nine of this arti-
   30  cle.
   31    S 2. This act shall take effect on the first of January next  succeed-
   32  ing  the date on which it shall have become a law and shall apply to any
   33  award made on or after such date.