Bill Text: NY S08271 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to schedule in case of disability; provides the compensation shall not be less than one-fifth of the New York state average weekly wage unless the employee's weekly wage is equal to or less than one-fifth the weekly wage, then they shall receive the entire amount.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2022-12-30 - VETOED MEMO.194 [S08271 Detail]
Download: New_York-2021-S08271-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8271--A IN SENATE February 8, 2022 ___________ Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the workers' compensation law, in relation to schedule in case of disability The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 6 of section 15 of the work- 2 ers' compensation law, as amended by section 7-a of part GG of chapter 3 57 of the laws of 2013, is amended to read as follows: 4 (a) Compensation for permanent or temporary total disability due to an 5 accident or disablement resulting from an occupational disease that 6 occurs, (1) on or after January first, nineteen hundred seventy-eight, 7 shall not exceed one hundred twenty-five dollars per week, that occurs 8 (2) on or after July first, nineteen hundred seventy-eight, shall not 9 exceed one hundred eighty dollars per week, that occurs (3) on or after 10 January first, nineteen hundred seventy-nine, shall not exceed two 11 hundred fifteen dollars per week, that occurs (4) on or after July 12 first, nineteen hundred eighty-three, shall not exceed two hundred 13 fifty-five dollars per week, that occurs (5) on or after July first, 14 nineteen hundred eighty-four, shall not exceed two hundred seventy-five 15 dollars per week, that occurs (6) on or after July first, nineteen 16 hundred eighty-five, shall not exceed three hundred dollars per week, 17 that occurs (7) on or after July first, nineteen hundred ninety, shall 18 not exceed three hundred forty dollars per week; and in the case of 19 temporary total disability shall not be less than thirty dollars per 20 week and in the case of permanent total disability shall not be less 21 than twenty dollars per week except that if the employee's wages at the 22 time of injury are less than thirty or twenty dollars per week respec- 23 tively, he or she shall receive his or her full weekly wages. Compen- 24 sation for permanent or temporary partial disability due to an accident 25 or disablement resulting from an occupational disease that occurs (1) on 26 or after January first, nineteen hundred seventy-eight, shall not exceed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05324-03-2S. 8271--A 2 1 one hundred five dollars per week, that occurs (2) on or after July 2 first, nineteen hundred eighty-three, shall not exceed one hundred twen- 3 ty-five dollars per week, that occurs (3) on or after July first, nine- 4 teen hundred eighty-four, shall not exceed one hundred thirty-five 5 dollars per week, that occurs (4) on or after July first, nineteen 6 hundred eighty-five, shall not exceed one hundred fifty dollars per 7 week, that occurs (5) on or after July first, nineteen hundred ninety, 8 shall not exceed two hundred eighty dollars per week; nor be less than 9 twenty dollars per week; except that if the employee's wages at the time 10 of injury are less than twenty dollars per week, he or she shall receive 11 his or her full weekly wages. In no event shall compensation when 12 combined with decreased earnings or earning capacity exceed the amount 13 of wages which the employee was receiving at the time the injury 14 occurred. Compensation for permanent or temporary partial disability, or 15 for permanent or temporary total disability due to an accident or disa- 16 blement resulting from an occupational disease that occurs (1) on or 17 after July first, nineteen hundred ninety-one and prior to July first, 18 nineteen hundred ninety-two, shall not exceed three hundred fifty 19 dollars per week; (2) on or after July first, nineteen hundred ninety- 20 two, shall not exceed four hundred dollars per week; nor be less than 21 forty dollars per week except that if the employee's wages at the time 22 of injury are less than forty dollars per week, the employee shall 23 receive his or her full wages. Compensation for permanent or temporary 24 partial disability, or for permanent or temporary total disability due 25 to an accident or disablement resulting from an occupational disease 26 that occurs (1) on or after July first, two thousand seven shall not 27 exceed five hundred dollars per week, (2) on or after July first, two 28 thousand eight shall not exceed five hundred fifty dollars per week, (3) 29 on or after July first, two thousand nine shall not exceed six hundred 30 dollars per week, and (4) on or after July first, two thousand ten, and 31 on or after July first of each succeeding year, shall not exceed two- 32 thirds of the New York state average weekly wage for the year in which 33 it is reported. Compensation for permanent or temporary partial disabil- 34 ity, or for permanent or temporary total disability due to an accident 35 or disablement resulting from an occupational disease that occurs on or 36 after July first, two thousand seven shall not be less than one hundred 37 dollars per week except that if the employee's wages at the time of 38 injury are less than one hundred dollars per week, the employee shall 39 receive his or her full wages. Compensation for permanent or temporary 40 partial disability, or for permanent or temporary total disability due 41 to an accident or disablement resulting from an occupational disease 42 that occurs on or after May first, two thousand thirteen shall not be 43 less than one hundred fifty dollars per week except that if the employ- 44 ee's wages at the time of injury are less than one hundred fifty dollars 45 per week, the employee shall receive his or her full wages. Compensation 46 for permanent or temporary partial disability, or for permanent or 47 temporary total disability due to an accident or disablement resulting 48 from an occupational disease that occurs on or after the effective date 49 of the chapter of the laws of two thousand twenty-two that amended this 50 paragraph shall not be less than one-fifth of the New York state average 51 weekly wage except that if the employee's weekly wages are equal to or 52 less than one-fifth of the New York state average weekly wage, the 53 employee shall receive his or her full wages. In no event shall compen- 54 sation when combined with decreased earnings or earning capacity exceed 55 the amount of wages the employee was receiving at the time the injury 56 occurred. Compensation for permanent or temporary partial disability, orS. 8271--A 3 1 for permanent or temporary total disability due to an accident or disa- 2 blement resulting from an occupational disease or injury that occurred 3 as a result of World Trade Center rescue activity by an employee of a 4 private voluntary hospital, who passed a physical examination upon 5 employment as a rescue worker that failed to reveal evidence of a condi- 6 tion that was the proximate cause of disablement or occupational disease 7 or injury, shall not exceed three-quarters of a claimant's wage on 8 September eleventh, two thousand one. In no event shall compensation 9 when combined with decreased earnings or earning capacity exceed the 10 amount of wages the employee was receiving on September eleventh, two 11 thousand one. 12 § 2. This act shall take effect immediately.
