Bill Text: NY S07751 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to eligibility for classification as permanent total disability; includes inability to perform the full range of sedentary work or approval for federal social security disability benefits as a result of a compensable accident or occupational disease as constituting permanent total disability.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-02-13 - REFERRED TO LABOR [S07751 Detail]
Download: New_York-2019-S07751-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7751 IN SENATE February 13, 2020 ___________ Introduced by Sen. RAMOS -- 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 eligibil- ity for classification as 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 inability to perform the 9 full range of sedentary work, or approval for federal social security 10 disability benefits as a result of a compensable accident or occupa- 11 tional disease shall, in the absence of conclusive proof to the contra- 12 ry, constitute permanent total disability. In all other cases permanent 13 total disability shall be determined in accordance with the facts. 14 Notwithstanding any other provision of this chapter, an injured employee 15 disabled due to the loss or total loss of use of both eyes, or both 16 hands, or both arms, or both feet, or both legs, or of any two thereof 17 shall not suffer any diminution of his compensation by engaging in busi- 18 ness or employment provided his earnings or wages, when combined with 19 his compensation, shall not be in excess of the wage base on which the 20 maximum weekly compensation benefit is computed under the law in effect 21 at time of such earning; further provided, that if the combination 22 exceeds such wage base, the compensation shall be diminished to an 23 amount which, together with his earnings or wages, shall equal the wage 24 base; and further provided that the application of this subdivision 25 shall not result in reduction of compensation which an injured employee 26 who is disabled due to the loss or total loss of use of both eyes, or 27 both hands, or both arms, or both feet, or both legs or of any two ther- 28 eof, would otherwise be entitled to under any other provision of this 29 section. 30 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15037-01-0
