Bill Text: NY A04449 | 2023-2024 | General Assembly | Introduced
Bill Title: Increases temporary and permanent disability payments for volunteer firefighters and ambulance workers, and specifies weekly payment amounts for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty-four.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-01-03 - referred to local governments [A04449 Detail]
Download: New_York-2023-A04449-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4449 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. STECK, FAHY, SANTABARBARA -- read once and referred to the Committee on Local Governments AN ACT to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing certain disability payments and specifying payments for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty-four The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8 of the volunteer firefighters' benefit law, as 2 amended by chapter 401 of the laws of 2016, is amended to read as 3 follows: 4 § 8. Permanent total disability benefits. In the case of total disa- 5 bility adjudged to be permanent the volunteer firefighter shall be paid 6 [six] nine hundred dollars for each week during the continuance thereof. 7 Permanent total disability, within the meaning of this section, shall 8 exist only if the earning capacity of the volunteer firefighter has been 9 lost permanently and totally as the result of the injury. The loss of 10 both hands, or both arms, or both feet, or both legs, or both eyes, or 11 any two thereof, shall, in the absence of conclusive proof to the 12 contrary, constitute permanent total disability, but in all other cases 13 permanent total disability shall be determined in accordance with the 14 facts. Notwithstanding any other provisions of this chapter, an injured 15 volunteer firefighter disabled due to the loss or total loss of use of 16 both eyes, or both hands, or both arms, or both feet, or both legs, or 17 any two thereof shall not suffer any diminution of such weekly benefit 18 by engaging in business or employment provided his or her weekly earn- 19 ings or wages, when combined with his or her weekly benefit shall not be 20 in excess of eight hundred dollars; and further provided that the appli- 21 cation of this section shall not result in reduction of benefits which 22 an injured volunteer firefighter who is disabled due to the loss or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05930-01-3A. 4449 2 1 total loss of use of both eyes, or both hands, or both arms, or both 2 feet, or both legs, or any two thereof would otherwise be entitled to 3 under any other provisions of this article. 4 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 5 by chapter 523 of the laws of 2021, is amended to read as follows: 6 § 9. Temporary total disability benefits. In the case of temporary 7 total disability the volunteer firefighter shall be paid one hundred 8 twenty-five dollars for each week during the continuance thereof; 9 provided, however, that when the volunteer firefighter is injured in the 10 line of duty on or after July first, nineteen hundred seventy-eight to 11 December thirty-first, nineteen hundred seventy-eight, said firefighter 12 shall receive one hundred eighty dollars per week during the continuance 13 thereof; and further provided, that when the volunteer firefighter is 14 injured in the line of duty on or after January first, nineteen hundred 15 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 16 firefighter shall receive two hundred fifteen dollars per week during 17 the continuance thereof; and further provided, that when the volunteer 18 firefighter is injured in the line of duty on or after July first, nine- 19 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 20 four, said firefighter shall receive two hundred fifty-five dollars per 21 week during the continuance thereof; and further provided, that when the 22 volunteer firefighter is injured in the line of duty on or after July 23 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 24 eighty-five, said firefighter shall receive two hundred seventy-five 25 dollars per week during the continuance thereof; and further provided, 26 that when the volunteer firefighter is injured in the line of duty on or 27 after July first, nineteen hundred eighty-five to June thirtieth, nine- 28 teen hundred ninety, said firefighter shall receive three hundred 29 dollars per week during the continuance thereof; and further provided, 30 that when the volunteer firefighter is injured in the line of duty on or 31 after July first, nineteen hundred ninety to June thirtieth, nineteen 32 hundred ninety-one, said firefighter shall receive three hundred forty 33 dollars per week during the continuance thereof; and further provided, 34 that when a volunteer firefighter is injured in the line of duty on or 35 after July first, nineteen hundred ninety-one to June thirtieth, nine- 36 teen hundred ninety-two, said firefighter shall receive three hundred 37 fifty dollars per week during the continuance thereof; and further 38 provided, that when a volunteer firefighter is injured in the line of 39 duty on or after July first, nineteen hundred ninety-two to June thir- 40 teenth, two thousand twenty-one, said firefighter shall receive four 41 hundred dollars per week during the continuance thereof; and further 42 provided, that when a volunteer firefighter is injured in the line of 43 duty on or after July first, two thousand twenty-one to June thirtieth 44 two thousand twenty-four, said firefighter shall receive six hundred 45 fifty dollars per week during the continuance thereof; and further 46 provided, that when a volunteer firefighter is injured in the line of 47 duty on or after July first, two thousand twenty-four, said firefighter 48 shall receive nine hundred dollars per week during the continuance 49 thereof. Temporary total disability, within the meaning of this 50 section, shall exist only if the earning capacity of the volunteer fire- 51 fighter has been lost temporarily and totally as the result of the inju- 52 ry. In case of temporary total disability and permanent partial disabil- 53 ity both resulting from the same injury, if the temporary total 54 disability continues for a longer period than the number of weeks set 55 forth in the following schedule, the period of temporary total disabili- 56 ty in excess of such number of weeks shall be added to the periodA. 4449 3 1 provided in section ten of this article: arm, thirty-two weeks; leg, 2 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen- 3 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 4 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 5 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other 6 than great toe, eight weeks. In any case resulting in loss or partial 7 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 8 where the temporary total disability does not extend beyond the periods 9 above mentioned for such injury, benefits shall be limited to the sched- 10 ule contained in section ten of this article. 11 § 3. The opening paragraph and paragraph (g) of subdivision 1 of 12 section 10 of the volunteer firefighters' benefit law, the opening para- 13 graph as amended by chapter 21 of the laws of 1991, paragraph (g) as 14 amended by chapter 584 of the laws of 1974, the opening subparagraph and 15 subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of 16 2018 and subparagraphs 1 and 2 of paragraph (g) as amended by chapter 17 924 of the laws of 1990, are amended to read as follows: 18 In the case of disability partial in character, but permanent in qual- 19 ity, the volunteer firefighter shall be paid ninety-five dollars for 20 each week for the period specified in this subdivision, provided, howev- 21 er, that when the volunteer firefighter is injured in the line of duty 22 on or after January first, nineteen hundred seventy-eight to June thir- 23 tieth, nineteen hundred eighty-three, such payment shall be one hundred 24 five dollars for each week, and further provided that when a volunteer 25 firefighter is injured in the line of duty on or after July first, nine- 26 teen hundred eighty-three to and including June thirtieth, nineteen 27 hundred eighty-four, such payments shall be one hundred twenty-five 28 dollars for each week and provided further that when the volunteer fire- 29 fighter is injured in the line of duty on or after July first, nineteen 30 hundred eighty-four to and including June thirtieth, nineteen hundred 31 eighty-five such payments shall be one hundred thirty-five dollars for 32 each week and provided further that when the volunteer firefighter is 33 injured in the line of duty on or after July first, nineteen hundred 34 eighty-five to and including June thirtieth, nineteen hundred ninety 35 such payments shall be one hundred fifty dollars for each week, and 36 provided further that when the volunteer firefighter is injured in the 37 line of duty on or after July first, nineteen hundred ninety to and 38 including June thirtieth, nineteen hundred ninety-one such payments 39 shall be two hundred eighty dollars for each week, and provided further 40 that when the volunteer firefighter is injured in the line of duty on or 41 after July first, nineteen hundred ninety-one to and including June 42 thirtieth, nineteen hundred ninety-two such payments shall be three 43 hundred fifty dollars for each week, and provided further that when the 44 volunteer firefighter is injured in the line of duty on or after July 45 first, nineteen hundred ninety-two such payments shall be four hundred 46 dollars for each week, and provided further that when the volunteer 47 firefighter is injured in the line of duty on or after July first, two 48 thousand twenty-four such payments shall be nine hundred dollars for 49 each week as follows: 50 (g) Other cases. In all other cases of permanent partial disability 51 the volunteer firefighter shall be paid for each week during the contin- 52 uance thereof, as follows: 53 1. If the percentage of loss of earning capacity is seventy-five per 54 centum, or greater, he or she shall be paid ninety-five dollars for each 55 week, provided, however, that when the volunteer firefighter is injured 56 in the line of duty on or after January first, nineteen hundred seven-A. 4449 4 1 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 2 such payment shall be one hundred five dollars for each week provided, 3 however, that when the volunteer firefighter is injured in the line of 4 duty on or after July first, nineteen hundred eighty-three to and 5 including June thirtieth, nineteen hundred eighty-four, such payment 6 shall be one hundred twenty-five dollars for each week provided, howev- 7 er, that when the volunteer firefighter is injured in the line of duty 8 on or after July first, nineteen hundred eighty-four to and including 9 June thirtieth, nineteen hundred eighty-five such payment shall be one 10 hundred thirty-five dollars for each week, provided, however, that when 11 the volunteer firefighter is injured in the line of duty on or after 12 July first, nineteen hundred eighty-five to and including June thirti- 13 eth, nineteen hundred ninety such payment shall be one hundred fifty 14 dollars for each week, provided, however, that when the volunteer fire- 15 fighter is injured in the line of duty on or after July first, nineteen 16 hundred ninety to and including June thirtieth, nineteen hundred nine- 17 ty-one such payment shall be two hundred eighty dollars for each week, 18 and provided further that when the volunteer firefighter is injured in 19 the line of duty on or after July first, nineteen hundred ninety-one to 20 and including June thirtieth, nineteen hundred ninety-two such payment 21 shall be three hundred fifty dollars for each week, and provided further 22 that when the volunteer firefighter is injured in the line of duty on or 23 after July first, nineteen hundred ninety-two such payment shall be four 24 hundred dollars for each week, and provided further that when the volun- 25 teer firefighter is injured in the line of duty on or after July first, 26 two thousand twenty-four such payment shall be nine hundred dollars for 27 each week; 28 2. If the percentage of loss of earning capacity is fifty per centum, 29 or greater, but less than seventy-five per centum, he or she shall be 30 paid sixty-three dollars and thirty-three cents for each week, provided, 31 however, that when the volunteer firefighter is injured in the line of 32 duty on or after January first, nineteen hundred seventy-eight to and 33 including June thirtieth, nineteen hundred eighty-three, such payment 34 shall be seventy dollars for each week, provided, however, that when the 35 volunteer firefighter is injured in the line of duty on or after July 36 first, nineteen hundred eighty-three to and including June thirtieth, 37 nineteen hundred eighty-four such payment shall be eighty-three dollars 38 and thirty-three cents for each week, provided, however, that when the 39 volunteer firefighter is injured in the line of duty on or after July 40 first, nineteen hundred eighty-four, to and including June thirtieth, 41 nineteen hundred eighty-five, such payment shall be ninety dollars for 42 each week, provided, however, that when the volunteer firefighter is 43 injured in the line of duty on or after July first, nineteen hundred 44 eighty-five to and including June thirtieth, nineteen hundred ninety 45 such payment shall be one hundred dollars for each week, provided, 46 however, that when the volunteer firefighter is injured in the line of 47 duty on or after July first, nineteen hundred ninety to and including 48 June thirtieth, nineteen hundred ninety-one such payment shall be one 49 hundred eighty-six dollars and seventy-six cents for each week, 50 provided, however, that when the volunteer firefighter is injured in the 51 line of duty on or after July first, nineteen hundred ninety-one to and 52 including June thirtieth, nineteen hundred ninety-two such payment shall 53 be two hundred thirty-four dollars and fifty cents for each week, 54 provided, however, that when the volunteer firefighter is injured in the 55 line of duty on or after July first, nineteen hundred ninety-two such 56 payment shall be two hundred sixty-eight dollars for each week,A. 4449 5 1 provided, however, that when the volunteer firefighter is injured in the 2 line of duty on or after July first, two thousand twenty-four such 3 payment shall be five hundred thirty-six dollars for each week; 4 3. If the percentage of loss of earning capacity is twenty-five per 5 centum, or greater, but less than fifty per centum, he shall be paid 6 [thirty] two hundred dollars for each week; 7 4. If the percentage of loss of earning capacity is less than twenty- 8 five per centum, he or she shall [not] be paid [any weekly benefit.9Permanent partial disability, within the meaning of this paragraph,10shall exist only if the earning capacity of the volunteer firefighter11has been permanently and partially lost as the result of the injury. The12workers' compensation board shall determine the degree of such disabili-13ty and such board may reconsider such degree on its own motion or upon14application of any party in interest] fifty dollars for each week. 15 § 4. Section 8 of the volunteer ambulance workers' benefit law, as 16 amended by chapter 401 of the laws of 2016, is amended to read as 17 follows: 18 § 8. Permanent total disability benefits. In the case of total disa- 19 bility adjudged to be permanent the volunteer ambulance worker shall be 20 paid [six] nine hundred dollars for each week during the continuance 21 thereof. Permanent total disability, within the meaning of this section, 22 shall exist only if the earning capacity of the volunteer ambulance 23 worker has been lost permanently and totally as the result of the inju- 24 ry. The loss of both hands, or both arms, or both feet, or both legs, or 25 both eyes, or any two thereof, shall, in the absence of conclusive proof 26 to the contrary, constitute permanent total disability, but in all other 27 cases permanent total disability shall be determined in accordance with 28 the facts. Notwithstanding any other provisions of this chapter, an 29 injured volunteer ambulance worker disabled due to the loss or total 30 loss of use of both eyes, or both hands, or both arms, or both feet, or 31 both legs, or any two thereof shall not suffer any diminution of such 32 weekly benefit by engaging in business or employment provided his or her 33 weekly earnings or wages, when combined with his weekly benefit shall 34 not be in excess of eight hundred dollars; and further provided that the 35 application of this section shall not result in reduction of benefits 36 which an injured volunteer ambulance worker who is disabled due to the 37 loss or total loss of use of both eyes, or both hands, or both arms, or 38 both feet, or both legs, or any two thereof would otherwise be entitled 39 to under any other provisions of this article. 40 § 5. Section 9 of the volunteer ambulance workers' benefit law, as 41 amended by chapter 523 of the laws of 2021, is amended to read as 42 follows: 43 § 9. Temporary total disability benefits. In the case of temporary 44 total disability the volunteer ambulance worker shall be paid three 45 hundred dollars for each week during the continuance thereof; provided, 46 however, that when the volunteer ambulance worker is injured in the line 47 of duty on or after the effective date of this chapter to June thirti- 48 eth, nineteen hundred ninety; further provided, that when the volunteer 49 ambulance worker is injured in the line of duty on or after July first, 50 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 51 said ambulance worker shall receive three hundred forty dollars per week 52 during the continuance thereof, and further provided, that when a volun- 53 teer ambulance worker is injured in the line of duty on or after July 54 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 55 ninety-two, said ambulance worker shall receive three hundred fifty 56 dollars per week during the continuance thereof; provided further thatA. 4449 6 1 when a volunteer ambulance worker is injured in the line of duty on or 2 after July first, nineteen hundred ninety-two to June thirtieth, two 3 thousand twenty-one, such ambulance worker shall be paid four hundred 4 dollars for each week during the continuance thereof; provided further 5 that when a volunteer ambulance worker is injured in the line of duty on 6 or after July first, two thousand twenty-one to June thirtieth, two 7 thousand twenty-four such ambulance worker shall be paid six hundred 8 fifty dollars for each week during the continuance thereof; provided 9 further that when a volunteer ambulance worker is injured in the line of 10 duty on or after July first, two thousand twenty-four such ambulance 11 worker shall be paid nine hundred dollars for each week during the 12 continuance thereof. Temporary total disability, within the meaning of 13 this section, shall exist only if the earning capacity of the volunteer 14 ambulance worker has been lost temporarily and totally as the result of 15 the injury. In case of temporary total disability and permanent partial 16 disability both resulting from the same injury, if the temporary total 17 disability continues for a longer period than the number of weeks set 18 forth in the following schedule, the period of temporary total disabili- 19 ty in excess of such number of weeks shall be added to the period 20 provided in section ten of this chapter: arm, thirty-two weeks; leg, 21 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen- 22 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 23 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 24 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other 25 than great toe, eight weeks. In any case resulting in loss or partial 26 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 27 where the temporary total disability does not extend beyond the periods 28 above mentioned for such injury, benefits shall be limited to the sched- 29 ule contained in section ten of this chapter. 30 § 6. The opening paragraph and paragraph g of subdivision 1 of section 31 10 of the volunteer ambulance workers' benefit law, the opening para- 32 graph as amended by chapter 21 of the laws of 1991, paragraph g as 33 amended by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of 34 paragraph g as amended by chapter 924 of the laws of 1990, are amended 35 to read as follows: 36 In the case of disability partial in character, but permanent in qual- 37 ity, the volunteer ambulance worker, injured in the line of duty shall 38 be paid one hundred fifty dollars for each week for the period specified 39 in this subdivision, provided, however, that when the volunteer ambu- 40 lance worker is injured in the line of duty on or after the effective 41 date of this chapter to and including June thirtieth, nineteen hundred 42 ninety, and provided further that when the volunteer ambulance worker is 43 injured in the line of duty on or after July first, nineteen hundred 44 ninety to and including June thirtieth, nineteen hundred ninety-one such 45 payments shall be two hundred eighty dollars for each week, and provided 46 further that when the volunteer ambulance worker is injured in the line 47 of duty on or after July first, nineteen hundred ninety-one to and 48 including June thirtieth, nineteen hundred ninety-two such payments 49 shall be three hundred fifty dollars for each week; and provided further 50 that when the volunteer ambulance worker is injured in the line of duty 51 on or after July first, nineteen hundred ninety-two such payments shall 52 be four hundred dollars for each week; and provided further that when 53 the volunteer ambulance worker is injured in the line of duty on or 54 after July first, two thousand twenty-four such payments shall be nine 55 hundred dollars for each week as follows:A. 4449 7 1 g. Other cases. In all other cases of permanent partial disability the 2 volunteer ambulance worker shall be paid for each week, during the 3 continuance thereof, as follows: 4 (1) If the percentage of loss of earning capacity is seventy-five per 5 centum, or greater, he or she shall be paid one hundred fifty dollars 6 for each week, provided, however, that the volunteer ambulance worker is 7 injured in the line of duty on or after the effective date of this chap- 8 ter to and including June thirtieth, nineteen hundred ninety, provided, 9 however, that when the volunteer ambulance worker is injured in the line 10 of duty on or after July first, nineteen hundred ninety to and including 11 June thirtieth, nineteen hundred ninety-one such payment shall be two 12 hundred eighty dollars for each week, and provided further that when the 13 volunteer ambulance worker is injured in the line of duty on or after 14 July first, nineteen hundred ninety-one to and including June thirtieth, 15 nineteen hundred ninety-two such payment shall be three hundred fifty 16 dollars for each week; and provided further that when the volunteer 17 ambulance worker is injured in the line of duty on or after July first, 18 nineteen hundred ninety-two such payments shall be four hundred dollars 19 for each week; and provided further that when the volunteer ambulance 20 worker is injured in the line of duty on or after July first, two thou- 21 sand twenty-four, such payments shall be nine hundred dollars for each 22 week. 23 (2) If the percentage of loss of earning capacity is fifty per centum, 24 or greater, but less than seventy-five per centum, he or she shall be 25 paid one hundred dollars for each week, provided, however, that the 26 volunteer ambulance worker is injured in the line of duty on or after 27 the effective date of this chapter to and including June thirtieth, 28 nineteen hundred ninety, provided, however, that when the volunteer 29 ambulance worker is injured in the line of duty on or after July first, 30 nineteen hundred ninety to and including June thirtieth, nineteen 31 hundred ninety-one, such payment shall be one hundred eighty-six dollars 32 and seventy-six cents for each week, provided, however, that when the 33 volunteer ambulance worker is injured in the line of duty on or after 34 July first, nineteen hundred ninety-one to and including June thirtieth, 35 nineteen hundred ninety-two, such payment shall be two hundred thirty- 36 four dollars and fifty cents for each week; provided, however, that when 37 the volunteer ambulance worker is injured in the line of duty on or 38 after July first, nineteen hundred ninety-two, such payment shall be two 39 hundred sixty-eight dollars for each week; provided, however, that when 40 the volunteer ambulance worker is injured in the line of duty on or 41 after July first, two thousand twenty-four, such payment shall be five 42 hundred thirty-six dollars for each week. 43 (3) If the percentage of loss of earning capacity is twenty-five 44 percentum, or greater, but less than fifty per centum, he or she shall 45 be paid [thirty] two hundred dollars for each week. 46 (4) If the percentage of loss of earning capacity is less than twen- 47 ty-five per centum, he or she shall [not] be paid [any weekly benefit] 48 fifty dollars per week. 49 Permanent partial disability, within the meaning of this paragraph, 50 shall exist only if the earning capacity of the volunteer ambulance 51 worker has been permanently and partially lost as the result of the 52 injury. The workers' compensation board shall determine the degree of 53 such disability and such board may reconsider such degree on its own 54 motion or upon application of any party in interest. 55 § 7. This act shall take effect immediately.
