Bill Text: NY A01324 | 2019-2020 | General Assembly | Introduced
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 6-0)
Status: (Introduced - Dead) 2020-07-06 - enacting clause stricken [A01324 Detail]
Download: New_York-2019-A01324-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1324 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Labor 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07746-01-9A. 1324 2 1 or after January first, nineteen hundred seventy-eight, shall not exceed 2 one hundred five dollars per week, that occurs (2) on or after July 3 first, nineteen hundred eighty-three, shall not exceed one hundred twen- 4 ty-five dollars per week, that occurs (3) on or after July first, nine- 5 teen hundred eighty-four, shall not exceed one hundred thirty-five 6 dollars per week, that occurs (4) on or after July first, nineteen 7 hundred eighty-five, shall not exceed one hundred fifty dollars per 8 week, that occurs (5) on or after July first, nineteen hundred ninety, 9 shall not exceed two hundred eighty dollars per week; nor be less than 10 twenty dollars per week; except that if the employee's wages at the time 11 of injury are less than twenty dollars per week, he or she shall receive 12 his or her full weekly wages. In no event shall compensation when 13 combined with decreased earnings or earning capacity exceed the amount 14 of wages which the employee was receiving at the time the injury 15 occurred. Compensation for permanent or temporary partial disability, or 16 for permanent or temporary total disability due to an accident or disa- 17 blement resulting from an occupational disease that occurs (1) on or 18 after July first, nineteen hundred ninety-one and prior to July first, 19 nineteen hundred ninety-two, shall not exceed three hundred fifty 20 dollars per week; (2) on or after July first, nineteen hundred ninety- 21 two, shall not exceed four hundred dollars per week; nor be less than 22 forty dollars per week except that if the employee's wages at the time 23 of injury are less than forty dollars per week, the employee shall 24 receive his or her full wages. Compensation for permanent or temporary 25 partial disability, or for permanent or temporary total disability due 26 to an accident or disablement resulting from an occupational disease 27 that occurs (1) on or after July first, two thousand seven shall not 28 exceed five hundred dollars per week, (2) on or after July first, two 29 thousand eight shall not exceed five hundred fifty dollars per week, (3) 30 on or after July first, two thousand nine shall not exceed six hundred 31 dollars per week, and (4) on or after July first, two thousand ten, and 32 on or after July first of each succeeding year, shall not exceed two- 33 thirds of the New York state average weekly wage for the year in which 34 it is reported. Compensation for permanent or temporary partial disabil- 35 ity, or for permanent or temporary total disability due to an accident 36 or disablement resulting from an occupational disease that occurs on or 37 after July first, two thousand seven shall not be less than one hundred 38 dollars per week except that if the employee's wages at the time of 39 injury are less than one hundred dollars per week, the employee shall 40 receive his or her full wages. Compensation for permanent or temporary 41 partial disability, or for permanent or temporary total disability due 42 to an accident or disablement resulting from an occupational disease 43 that occurs on or after May first, two thousand thirteen shall not be 44 less than one hundred fifty dollars per week except that if the employ- 45 ee's wages at the time of injury are less than one hundred fifty dollars 46 per week, the employee shall receive his or her full wages. Compensation 47 for permanent or temporary partial disability, or for permanent or 48 temporary total disability due to an accident or disablement resulting 49 from an occupational disease that occurs on or after the effective date 50 of the chapter of the laws of two thousand nineteen that amended this 51 paragraph shall not be less than one-fifth of the New York state average 52 weekly wage except that if the employee's weekly wages are equal to or 53 less than one-fifth of the New York state average weekly wage, the 54 employee shall receive his or her full wages. In no event shall compen- 55 sation when combined with decreased earnings or earning capacity exceed 56 the amount of wages the employee was receiving at the time the injuryA. 1324 3 1 occurred. Compensation for permanent or temporary partial disability, or 2 for permanent or temporary total disability due to an accident or disa- 3 blement resulting from an occupational disease or injury that occurred 4 as a result of World Trade Center rescue activity by an employee of a 5 private voluntary hospital, who passed a physical examination upon 6 employment as a rescue worker that failed to reveal evidence of a condi- 7 tion that was the proximate cause of disablement or occupational disease 8 or injury, shall not exceed three-quarters of a claimant's wage on 9 September eleventh, two thousand one. In no event shall compensation 10 when combined with decreased earnings or earning capacity exceed the 11 amount of wages the employee was receiving on September eleventh, two 12 thousand one. 13 § 2. This act shall take effect immediately.
