Bill Text: NY A04825 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to workers' compensation; establishes the advisory committee on independent medical examinations to advise, counsel and confer with the chair and executive director on matters of policy in connection with the administration and enforcement of laws and regulations relating to independent medical examinations; establishes within the workers' compensation board an office of the independent medical examination inspector general; relates to cost-of-living adjustments of disability benefits; provides that maximum charges and fees for funeral expenses shall not be less than twelve thousand dollars; relates to cost-of-living adjustments of death benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to labor [A04825 Detail]

Download: New_York-2017-A04825-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4825
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
                                       ___________
        Introduced  by M. of A. TITUS -- read once and referred to the Committee
          on Labor
        AN ACT to amend the workers' compensation law, the  executive  law,  the
          insurance law, the civil service law and the penal law, in relation to
          workers'  compensation;  and to repeal certain provisions of the work-
          ers' compensation law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  4 of section 10 of the workers' compensation
     2  law is REPEALED.
     3    § 2. Section 12 of the workers' compensation law, as amended by  chap-
     4  ter 500 of the laws of 1965, is amended to read as follows:
     5    §  12.  Compensation not allowed for first seven days. No compensation
     6  shall be allowed for the first seven  days  of  disability,  except  the
     7  benefits  provided  for  in  section thirteen of this chapter, provided,
     8  however, that in case the injury results  in  disability  of  more  than
     9  [fourteen]  seven  days, the compensation shall be allowed from the date
    10  of the disability.
    11    § 3. Subdivision 5 of section 13-a of the workers'  compensation  law,
    12  as  amended  by  chapter 6 of the laws of 2007 and as further amended by
    13  section 104 of part A of chapter 62 of the laws of 2011, is  amended  to
    14  read as follows:
    15    (5)  No  claim  for  specialist  consultations,  surgical  operations,
    16  physiotherapeutic or occupational therapy procedures, x-ray examinations
    17  or special diagnostic laboratory tests costing more than [one] two thou-
    18  sand dollars shall be valid and enforceable, as against  such  employer,
    19  unless  such special services shall have been authorized by the employer
    20  or by the board, or unless  such  authorization  has  been  unreasonably
    21  withheld,  or withheld for a period of more than [thirty] seven calendar
    22  days from receipt of a request for authorization, or unless such special
    23  services are required in an emergency, provided, however, that the basis
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03224-01-7

        A. 4825                             2
     1  for a denial of such authorization by the employer must be  based  on  a
     2  conflicting  second  opinion  rendered  by a physician authorized by the
     3  board. The board, with the approval of the superintendent  of  financial
     4  services,  shall  issue and maintain a list of pre-authorized procedures
     5  under this section. Such list  of  pre-authorized  procedures  shall  be
     6  issued  and  maintained  for  the purpose of expediting authorization of
     7  treatment of injured workers. Such  list  of  pre-authorized  procedures
     8  shall not be construed or relied upon to support the premise that proce-
     9  dures  not included on the pre-authorized list should be denied. Pre-au-
    10  thorized procedures shall not be given preference over alternative forms
    11  of treatment that are not on the pre-authorized procedures list.
    12    § 4. Paragraph (c) of subdivision 7 of section 13-a  of  the  workers'
    13  compensation  law, as added by chapter 6 of the laws of 2007, is amended
    14  to read as follows:
    15    (c) At the time a request for  authorization  for  special  diagnostic
    16  tests, x-ray examinations, magnetic resonance imaging or other radiolog-
    17  ical  examinations or tests costing more than [one] two thousand dollars
    18  as required by subdivision five of this section is approved, the  insur-
    19  ance  carrier,  self-insurer or state insurance fund, or if so delegated
    20  the network with which the  insurance  carrier,  self-insurer  or  state
    21  insurance  fund  has  contracted,  shall notify the physician requesting
    22  authorization of the requirement that the claimant obtain or undergo the
    23  special diagnostic test, x-ray examination, magnetic  resonance  imaging
    24  or other radiological examination or test with a provider or at a facil-
    25  ity   affiliated  with  the  network  or  networks  with  which  it  has
    26  contracted, the contact information for the network and a  list  of  the
    27  providers  and  facilities within the claimant's geographic location, as
    28  defined by regulation of the board. The claimant, in  consultation  with
    29  the  provider  who requested the special diagnostic test, x-ray examina-
    30  tion, magnetic resonance imaging or other  radiological  test  or  exam,
    31  will  determine  the  provider or facility from within the network which
    32  will perform such diagnostic test, x-ray examination, magnetic resonance
    33  imaging or other radiological examination or test.
    34    § 5. Section 2 of the workers' compensation law is amended by adding a
    35  new subdivision 24 to read as follows:
    36    24. "Examiner" means an individual qualified and authorized to perform
    37  independent medical examinations pursuant  to  sections  thirteen-b  and
    38  thirteen-bb  of  this  chapter and registered with the board pursuant to
    39  section thirteen-bb of this chapter.
    40    § 6. The workers' compensation law is amended by adding a new  section
    41  13-bb to read as follows:
    42    §  13-bb. Regulation of independent medical examinations. 1. (a) There
    43  is hereby established in the workers'  compensation  board  an  advisory
    44  committee  on  independent  medical  examinations which shall consist of
    45  three members. One member shall be appointed by the governor; the  chief
    46  executive  officers  of the New York State American Federation of Labor-
    47  Congress of Industrial Organizations and the  Business  Council  of  New
    48  York State shall be members by virtue of their offices. The chief execu-
    49  tive  officers  of  the New York State American Federation of Labor-Con-
    50  gress of Industrial Organizations and the Business Council of  New  York
    51  State  may  designate representatives to act in their place or stead and
    52  on their behalf as members of such advisory committee. In addition,  the
    53  chair,  executive director and the commissioner of labor or their desig-
    54  nated representatives shall be invited to attend and participate in  all
    55  meetings.

        A. 4825                             3
     1    (b)  It shall be the duty of the advisory committee hereby established
     2  to advise, counsel and confer with the chair and executive  director  on
     3  matters  of policy in connection with the administration and enforcement
     4  of laws and regulations relating to  independent  medical  examinations.
     5  The  advisory  committee shall specifically examine the frequency of use
     6  of independent medical examinations, the  qualifications  of  examiners,
     7  the existence of conflicts of interest involving examiners and independ-
     8  ent  medical  examination organizations, the frequency with which recom-
     9  mendations resulting from independent medical examinations  are  invali-
    10  dated  or  amended and the adequacy of continuing education programs for
    11  examiners to ensure that use of independent medical examinations is  not
    12  adversely  impacting  the  timeliness or quality of care injured workers
    13  receive. The advisory committee shall review existing and proposed state
    14  laws and regulations pertaining to independent medical examinations  and
    15  recommend  to  the chair, executive director and the chairpersons of the
    16  assembly and senate standing committees on labor and  insurance,  neces-
    17  sary  changes  or  additions  to laws, regulations and board programs to
    18  improve medical care for  injured  workers,  the  effectiveness  of  the
    19  board's  regulation  of  independent medical examinations, examiners and
    20  independent medical examination  organizations  and  enforcement  activ-
    21  ities.  The committee shall review and revoke authorizations of individ-
    22  ual examiners if such examiners exhibit bias, conflicts of  interest  or
    23  otherwise fail to uphold their obligations under this chapter.
    24    (c)  The  chair shall assign staff to assist the advisory committee as
    25  necessary and shall provide necessary information and space for meetings
    26  of the advisory committee. The advisory committee shall keep a record of
    27  its meetings and recommendations.
    28    (d) The advisory committee shall meet at the call of the chair or  any
    29  member  and  at  such  other  times as it may deem necessary and at such
    30  places as may be convenient. In any event, meetings  shall  be  held  at
    31  least  once  per  state fiscal quarter. An initial meeting shall be held
    32  within sixty days after the effective date of this section.
    33    2. All examiners and all individuals with ownership interests in inde-
    34  pendent medical examination organizations must file statements of finan-
    35  cial disclosure with the board on an annual basis as described in subdi-
    36  vision four of this section.
    37    3. The annual statement of  financial  disclosure  shall  contain  the
    38  following information and shall be in the form set forth below:
    39  Annual statement of financial disclosure - (For calendar year)
    40  1. Name
    41  2. (a) check one
    42         (   ) Examiner
    43         (   ) Owner of independent medical examination organization
    44             Name and address of independent medical examination
    45             organization
    46  ________________________________________________________________________
    47  ________________________________________________________________________
    48     (b) Address of Present Office
    49     (c) Office Telephone Number
    50  3. (a) Marital Status
    51  If  married,  please give spouse's full name including maiden name where
    52  applicable.
    53  (b) List the names of all unemancipated children.
    54  ________________________________________________________________________
    55  ________________________________________________________________________
    56  ________________________________________________________________________

        A. 4825                             4
     1  Answer each of the  following  questions  completely,  with  respect  to
     2  calendar  year      ,  unless another period or date is otherwise speci-
     3  fied. If additional space is needed, attach additional pages.
     4  Whenever  a  "value" or "amount" is required to be reported herein, such
     5  value or amount shall be reported as being within one of  the  following
     6  Categories  in  Table I or Table II of this subdivision as called for in
     7  the question: A reporting individual  shall  indicate  the  Category  by
     8  letter  only.  Whenever  "income" is required to be reported herein, the
     9  term "income" shall mean the aggregate net income before taxes from  the
    10  source  identified.  The term "calendar year" shall mean the year ending
    11  the December 31st preceding the date of filing of the annual statement.
    12  4. (a) List any office, trusteeship, directorship, partnership, or posi-
    13  tion of any nature, whether compensated or not, held  by  the  reporting
    14  individual  with  any  firm,  corporation,  association, partnership, or
    15  other organization. Include compensated honorary positions; do not  list
    16  membership or uncompensated honorary positions.
    17  Position                                         Organization
    18  ________________________________________________________________________
    19  ________________________________________________________________________
    20  (b) List any office, trusteeship, directorship, partnership, or position
    21  of any nature, whether compensated or not, held by the spouse or uneman-
    22  cipated  child  of the reporting individual, with any firm, corporation,
    23  association, partnership, or  other  organization.  Include  compensated
    24  honorary  positions;  do  not  list membership or uncompensated honorary
    25  positions.
    26  Position                                         Organization
    27  ________________________________________________________________________
    28  ________________________________________________________________________
    29  ________________________________________________________________________
    30  ________________________________________________________________________
    31  5. List the name, address and description of any occupation,  employment
    32  (other  than  the employment listed under Item 2 above), trade, business
    33  or profession engaged in by the reporting individual.
    34     Name & Address of Organization    Position           Description
    35  ________________________________________________________________________
    36  ________________________________________________________________________
    37  ________________________________________________________________________
    38  ________________________________________________________________________
    39  6. List each source of gifts in excess  of  $500,  received  during  the
    40  reporting  period  for  which  this  statement is filed by the reporting
    41  individual or such individual's spouse or unemancipated child  from  the
    42  same  donor,  excluding  gifts  from  a  relative.  Include the name and
    43  address of the donor. The term "gifts" does not include  reimbursements,
    44  which  term  is defined in item 7. Indicate the value and nature of each
    45  such gift.
    46  Category   Self, Spouse or        Name of   Nature of       Value of
    47               Child                  Donor     Gift            Gift
    48  ________________________________________________________________________
    49  ________________________________________________________________________
    50  ________________________________________________________________________
    51  ________________________________________________________________________
    52  7. Identify and briefly describe the source of  any  reimbursements  for
    53  expenditures,  in  excess of $250 from each such source. For purposes of
    54  this item, the  term  "reimbursements"  shall  mean  any  travel-related
    55  expenses provided by sources and for activities related to the reporting
    56  individual's official duties such as, speaking engagements, conferences,

        A. 4825                             5
     1  or fact finding events. The term "reimbursements" does not include gifts
     2  reported under item 6.
     3  Source                                Description                       
     4  ________________________________________________________________________
     5  ________________________________________________________________________
     6  8.  List  the  identity  and value, if reasonably ascertainable, of each
     7  interest in a trust, estate  or  other  beneficial  interest,  including
     8  retirement  plans,  and  deferred  compensation plans (e.g. 401, 403(b),
     9  457, etc.) established in accordance with the internal revenue code,  in
    10  which  the  reporting individual held a beneficial interest in excess of
    11  $1,000 at any time during the preceding year. Do not report interests in
    12  a trust, estate or other beneficial interest established by or  for,  or
    13  the estate of, a relative.
    14  Identity                Category of Value*                 (In Table II)
    15  ________________________________________________________________________
    16  ________________________________________________________________________
    17    *  The  value  of  such  interest shall be reported only if reasonably
    18  ascertainable.
    19  9. List below the nature and amount of any income in excess of $500 from
    20  each source for the reporting individual and  such  individual's  spouse
    21  for  the  taxable  year last occurring prior to the date of filing. Each
    22  such source must be described with particularity. Income  includes,  but
    23  is not limited to, all income (other than that received from the employ-
    24  ment  listed  under  Item  2  above) from compensated employment whether
    25  public or private, directorships and other fiduciary positions, contrac-
    26  tual arrangements, teaching income, partnerships,  honorariums,  lecture
    27  fees, consultant fees, bank and bond interest, dividends, income derived
    28  from  a  trust, real estate rents, and recognized gains from the sale or
    29  exchange of real or other property. Income from a business or profession
    30  and real estate rents shall be reported with the  source  identified  by
    31  the  building  address in the case of real estate rents and otherwise by
    32  the name of the entity and not by the name of the individual  customers,
    33  clients  or tenants, with the aggregate net income before taxes for each
    34  building address or entity.  The  receipt  of  maintenance  received  in
    35  connection with a matrimonial action, alimony and child support payments
    36  shall not be listed.
    37  Self/                                                    Category Spouse
    38  Source       Nature of Income          of Amount (In Table I)
    39  ________________________________________________________________________
    40  ________________________________________________________________________
    41  ________________________________________________________________________
    42  ________________________________________________________________________
    43  10. List the sources of any deferred income (not retirement  income)  in
    44  excess  of  $500 from each source to be paid to the reporting individual
    45  following the close of the  calendar  year  for  which  this  disclosure
    46  statement  is filed, other than deferred compensation reported in item 8
    47  hereinabove. Deferred income derived from the practice of  a  profession
    48  shall   be listed in the aggregate and shall identify as the source, the
    49  name of the firm, corporation, partnership or association through  which
    50  the income was derived, but shall not identify individual clients.
    51  Self/                                                    Category Spouse
    52  Source       Nature of Income          of Amount (In Table I)
    53  ________________________________________________________________________
    54  ________________________________________________________________________

        A. 4825                             6
     1  ________________________________________________________________________
     2  ________________________________________________________________________
     3  11. List each assignment of income in excess of $500, and each  transfer
     4  other  than  to  a  relative  during the reporting period for which this
     5  statement is filed for less than fair consideration of an interest in  a
     6  trust, estate or other beneficial interest, securities or real property,
     7  by the reporting individual, in excess of $500, which would otherwise be
     8  required to be reported herein and is not or has not been so reported.
     9                                                     Category
    10  Source          Item Assigned                      of Value (In Table I)
    11  ________________________________________________________________________
    12  ________________________________________________________________________
    13  ________________________________________________________________________
    14  ________________________________________________________________________
    15  12.  List  below  the  type  and  market value of securities held by the
    16  reporting individual or such individual's spouse from each issuing enti-
    17  ty in excess of $1,000 at the close of the taxable year  last  occurring
    18  prior  to  the  date of filing, including the name of the issuing entity
    19  exclusive of securities held by the reporting  individual  issued  by  a
    20  professional  corporation.  Whenever  an  interest  in securities exists
    21  through a beneficial interest in a trust, the securities  held  in  such
    22  trust  shall  be  listed  only if the reporting individual has knowledge
    23  thereof except where the reporting individual or the reporting  individ-
    24  ual's spouse has transferred assets to such trust for his or her benefit
    25  in  which  event  such  securities  shall  be listed unless they are not
    26  ascertainable by the reporting individual because the trustee  is  under
    27  an obligation not to disclose the contents of the trust to the reporting
    28  individual.  Securities of which the reporting individual or the report-
    29  ing individual's spouse is the owner of record but in which  such  indi-
    30  vidual  or  the reporting individual's spouse has no beneficial interest
    31  shall not be listed.  Indicate  percentage  of  ownership  only  if  the
    32  reporting  person  or the reporting person's spouse holds more than five
    33  percent (5%) of the stock of a corporation in which the stock is public-
    34  ly traded or more than ten percent (10%) of the stock of  a  corporation
    35  in  which  the  stock is not publicly traded. Also list securities owned
    36  for investment purposes by a corporation more than fifty  percent  (50%)
    37  of the stock of which is owned or controlled by the reporting individual
    38  or  such  individual's  spouse.   For the purpose of this item, the term
    39  "securities" shall mean mutual funds,  bonds,  mortgages,  notes,  obli-
    40  gations,  warrants  and  stocks  of  any  class, investment interests in
    41  limited or general partnerships and certificates of deposits  (CDs)  and
    42  such other evidences of indebtedness and certificates of interest as are
    43  usually referred to as securities.  The market value for such securities
    44  shall  be  reported  only  if  reasonably ascertainable and shall not be
    45  reported if the security is an interest in a  general  partnership  that
    46  was  listed  above  or  if the security is corporate stock, NOT publicly
    47  traded, in a trade or business of a reporting individual or a  reporting
    48  individual's spouse.
    49  Self/      Issuing        Type of        Percentage of  Category of Value
    50  Spouse      Entity        Security         Ownership        (In Table II)
    51  ________________________________________________________________________
    52  ________________________________________________________________________
    53  ________________________________________________________________________
    54  13.  List  below  the  location, size, general nature, acquisition date,
    55  market value and percentage of ownership of any real property  in  which
    56  any  vested  or  contingent  interest in excess of $1,000 is held by the

        A. 4825                             7
     1  reporting individual or the reporting  individual's  spouse.  Also  list
     2  real  property  owned for investment purposes by a corporation more than
     3  fifty percent (50%) of the stock of which is owned or controlled by  the
     4  reporting  individual  or such individual's spouse. Do not list any real
     5  property which is the primary or secondary  personal  residence  of  the
     6  reporting  individual or the reporting individual's spouse, except where
     7  there is a co-owner who is other than a relative.
     8  Self/  Location    Percentage   General  Acquisition Category of Market
     9  Spouse   Size     of Ownership   Nature     Date           Value
    10                                                          (In Table II)
    11  ________________________________________________________________________
    12  ________________________________________________________________________
    13  ________________________________________________________________________
    14  ________________________________________________________________________
    15  14. List below all notes and accounts receivable, other than from  goods
    16  or  services  sold, held by the reporting individual at the close of the
    17  taxable year last occurring prior to the date of filing and other  debts
    18  owed  to such individual at the close of the taxable year last occurring
    19  prior to the date of filing, in excess of $500, including  the  name  of
    20  the  debtor,  type of obligation, date due and the nature of the collat-
    21  eral securing payment of each, if  any,  excluding  securities  reported
    22  above.  Debts, notes and accounts receivable owed to the individual by a
    23  relative shall not be reported.
    24  Name of   Type of   Date      Nature of              Category of
    25  Debtor   Obligation   Due       Collateral          Amount (In Table II)
    26  ________________________________________________________________________
    27  ________________________________________________________________________
    28  ________________________________________________________________________
    29  ________________________________________________________________________
    30  15. List below all liabilities of  the  reporting  individual  and  such
    31  individual's  spouse,  in  excess  of $2,500 as of the date of filing of
    32  this statement, other than  liabilities  to  a  relative.  Do  not  list
    33  liabilities incurred by, or guarantees made by, the reporting individual
    34  or  such  individual's  spouse  or by any proprietorship, partnership or
    35  corporation in which  the  reporting  individual  or  such  individual's
    36  spouse  has an interest, when incurred or made in the ordinary course of
    37  the trade, business or professional practice of the reporting individual
    38  or such individual's spouse. Include the name of the  creditor  and  any
    39  collateral  pledged  by  such  individual  to secure payment of any such
    40  liability. A reporting individual shall not list any obligation  to  pay
    41  maintenance  in  connection  with a matrimonial action, alimony or child
    42  support payments. Any loan issued in the ordinary course of business  by
    43  a  financial  institution to finance educational costs, the cost of home
    44  purchase or improvements  for  a  primary  or  secondary  residence,  or
    45  purchase  of  a  personally  owned motor vehicle, household furniture or
    46  appliances shall be excluded. If any such reportable liability has  been
    47  guaranteed  by any third person, list the liability and name the guaran-
    48  tor.
    49  Category
    50  Name of Creditor    Type              Collateral,    Category of
    51  or Guarantor        of Liability of     if any     Amount (In Table II)
    52  ________________________________________________________________________
    53  ________________________________________________________________________
    54  ________________________________________________________________________
    55  ________________________________________________________________________
    56  The requirements of law relating to the reporting of financial interests

        A. 4825                             8
     1  are in the public interest and no  adverse  inference  of  unethical  or
     2  illegal  conduct  or  behavior will be drawn merely from compliance with
     3  these requirements.
     4    (Signature of Reporting Individual) Date (month/day/year)
     5  TABLE I
     6       Category A none
     7       Category B $ 1 to under $ 1,000
     8       Category C $ 1,000 to under $ 5,000
     9       Category D $ 5,000 to under $ 20,000
    10       Category E $ 20,000 to under $ 50,000
    11       Category F $ 50,000 to under $ 75,000
    12       Category G $ 75,000 to under $ 100,000
    13       Category H $ 100,000 to under $ 150,000
    14       Category I $ 150,000 to under $ 250,000
    15       Category J $ 250,000 to under $ 350,000
    16       Category K $ 350,000 to under $ 450,000
    17       Category L $ 450,000 to under $ 550,000
    18       Category M $ 550,000 to under $ 650,000
    19       Category N $ 650,000 to under $ 750,000
    20       Category O $ 750,000 to under $ 850,000
    21       Category P $ 850,000 to under $ 950,000
    22       Category Q $ 950,000 to under $ 1,050,000
    23       Category R $ 1,050,000 to under $ 1,150,000
    24       Category S $1,150,000 to under $1,250,000
    25       Category T $1,250,000 to under $1,350,000
    26       Category U $1,350,000 to under $1,450,000
    27       Category V $1,450,000 to under $1,550,000
    28       Category W $1,550,000 to under $1,650,000
    29       Category X $1,650,000 to under $1,750,000
    30       Category Y $1,750,000 to under $1,850,000
    31       Category Z $1,850,000 to under $1,950,000
    32       Category AA $1,950,000 to under $2,050,000
    33       Category BB $2,050,000 to under $2,150,000
    34       Category CC $2,150,000 to under $2,250,000
    35       Category DD $2,250,000 to under $2,350,000
    36       Category EE $2,350,000 to under $2,450,000
    37       Category FF $2,450,000 to under $2,550,000
    38       Category GG $2,550,000 to under $2,650,000
    39       Category HH $2,650,000 to under $2,750,000
    40       Category II $2,750,000 to under $2,850,000
    41       Category JJ $2,850,000 to under $2,950,000
    42       Category KK $2,950,000 to under $3,050,000
    43       Category LL $3,050,000 to under $3,150,000
    44       Category MM $3,150,000 to under $3,250,000
    45       Category NN $3,250,000 to under $3,350,000
    46       Category OO $3,350,000 to under $3,450,000
    47       Category PP $3,450,000 to under $3,550,000
    48       Category QQ $3,550,000 to under $3,650,000
    49       Category RR $3,650,000 to under $3,750,000
    50       Category SS $3,750,000 to under $3,850,000
    51       Category TT $3,850,000 to under $3,950,000
    52       Category UU $3,950,000 to under $4,050,000
    53       Category VV $4,050,000 to under $4,150,000
    54       Category WW $4,150,000 to under $4,250,000
    55       Category XX $4,250,000 to under $4,350,000
    56       Category YY $4,350,000 to under $4,450,000

        A. 4825                             9
     1       Category ZZ $4,450,000 to under $4,550,000
     2       Category AAA $4,550,000 to under $4,650,000
     3       Category BBB $4,650,000 to under $4,750,000
     4       Category CCC $4,750,000 to under $4,850,000
     5       Category DDD $4,850,000 to under $4,950,000
     6       Category EEE $4,950,000 to under $5,050,000
     7       Category FFF $5,050,000 to under $5,150,000
     8       Category GGG $5,150,000 to under $5,250,000
     9       Category HHH $5,250,000 to under $5,350,000
    10       Category III $5,350,000 to under $5,450,000
    11       Category JJJ $5,450,000 to under $5,550,000
    12       Category KKK $5,550,000 to under $5,650,000
    13       Category LLL $5,650,000 to under $5,750,000
    14       Category MMM $5,750,000 to under $5,850,000
    15       Category NNN $5,850,000 to under $5,950,000
    16       Category OOO $5,950,000 to under $6,050,000
    17       Category PPP $6,050,000 to under $6,150,000
    18       Category QQQ $6,150,000 to under $6,250,000
    19       Category RRR $6,250,000 to under $6,350,000
    20       Category SSS $6,350,000 to under $6,450,000
    21       Category TTT $6,450,000 to under $6,550,000
    22       Category UUU $6,550,000 to under $6,650,000
    23       Category VVV $6,650,000 to under $6,750,000
    24       Category WWW $6,750,000 to under $6,850,000
    25       Category XXX $6,850,000 to under $6,950,000
    26       Category YYY $6,950,000 to under $7,050,000
    27       Category ZZZ $7,050,000 to under $7,150,000
    28       Category AAAA $7,150,000 to under $7,250,000
    29       Category BBBB $7,250,000 to under $7,350,000
    30       Category CCCC $7,350,000 to under $7,450,000
    31       Category DDDD $7,450,000 to under $7,550,000
    32       Category EEEE $7,550,000 to under $7,650,000
    33       Category FFFF $7,650,000 to under $7,750,000
    34       Category GGGG $7,750,000 to under $7,850,000
    35       Category HHHH $7,850,000 to under $7,950,000
    36       Category IIII $7,950,000 to under $8,050,000
    37       Category JJJJ $8,050,000 to under $8,150,000
    38       Category KKKK $8,150,000 to under $8,250,000
    39       Category LLLL $8,250,000 to under $8,350,000
    40       Category MMMM $8,350,000 to under $8,450,000
    41       Category NNNN $8,450,000 to under $8,550,000
    42       Category OOOO $8,550,000 to under $8,650,000
    43       Category PPPP $8,650,000 to under $8,750,000
    44       Category QQQQ $8,750,000 to under $8,850,000
    45       Category RRRR $8,850,000 to under $8,950,000
    46       Category SSSS $8,950,000 to under $9,050,000
    47       Category TTTT $9,050,000 to under $9,150,000
    48       Category UUUU $9,150,000 to under $9,250,000
    49       Category VVVV $9,250,000 to under $9,350,000
    50       Category WWWW $9,350,000 to under $9,450,000
    51       Category XXXX $9,450,000 to under $9,550,000
    52       Category YYYY $9,550,000 to under $9,650,000
    53       Category ZZZZ $9,650,000 to under $9,750,000
    54       Category AAAAA $9,750,000 to under $9,850,000
    55       Category BBBBB $9,850,000 to under $9,950,000
    56       Category CCCCC $9,950,000 to under $10,000,000

        A. 4825                            10
     1       Category DDDDD $10,000,000 or over
     2  TABLE II
     3       Category A none
     4       Category B $1 to under $1,000
     5       Category C $1,000 to under $5,000
     6       Category D $5,000 to under $20,000
     7       Category E $20,000 to under $50,000
     8       Category F $50,000 to under $75,000
     9       Category G $75,000 to under $100,000
    10       Category H $100,000 to under $150,000
    11       Category I $150,000 to under $250,000
    12       Category J $250,000 to under $500,000
    13       Category K $500,000 to under $750,000
    14       Category L $750,000 to under $1,000,000
    15       Category M $1,000,000 to under $1,250,000
    16       Category N $1,250,000 to under $1,500,000
    17       Category O $1,500,000 to under $1,750,000
    18       Category P $1,750,000 to under $2,000,000
    19       Category Q $2,000,000 to under $2,250,000
    20       Category R $2,250,000 to under $2,500,000
    21       Category S $2,500,000 to under $2,750,000
    22       Category T $2,750,000 to under $3,000,000
    23       Category U $3,000,000 to under $3,250,000
    24       Category V $3,250,000 to under $3,500,000
    25       Category W $3,500,000 to under $3,750,000
    26       Category X $3,750,000 to under $4,000,000
    27       Category Y $4,000,000 to under $4,250,000
    28       Category Z $4,250,000 to under $4,500,000
    29       Category AA $4,500,000 to under $4,750,000
    30       Category BB $4,750,000 to under $5,000,000
    31       Category CC $5,000,000 to under $5,250,000
    32       Category DD $5,250,000 to under $5,500,000
    33       Category EE $5,500,000 to under $5,750,000
    34       Category FF $5,750,000 to under $6,000,000
    35       Category GG $6,000,000 to under $6,250,000
    36       Category HH $6,250,000 to under $6,500,000
    37       Category II $6,500,000 to under $6,750,000
    38       Category JJ $6,750,000 to under $7,000,000
    39       Category KK $7,000,000 to under $7,250,000
    40       Category LL $7,250,000 to under $7,500,000
    41       Category MM $7,500,000 to under $7,750,000
    42       Category NN $7,750,000 to under $8,000,000
    43       Category OO $8,000,000 to under $8,250,000
    44       Category PP $8,250,000 to under $8,500,000
    45       Category QQ $8,500,000 to under $8,750,000
    46       Category RR $8,750,000 to under $9,000,000
    47       Category SS $9,000,000 to under $9,250,000
    48       Category TT $9,250,000 to under $9,500,000
    49       Category UU $9,500,000 or over
    50    4. A reporting individual who knowingly and willfully fails to file an
    51  annual  statement of financial disclosure or who knowingly and willfully
    52  with intent to deceive makes a  false  statement  or  gives  information
    53  which  such  individual knows to be false on such statement of financial
    54  disclosure filed pursuant to this section shall be subject  to  a  civil
    55  penalty  in  an amount not to exceed forty thousand dollars.  Assessment
    56  of a civil penalty hereunder shall be made by the board.

        A. 4825                            11
     1    The board may in lieu of or in addition to a civil  penalty,  refer  a
     2  violation  to  the  appropriate prosecutor and upon such conviction, but
     3  only after such referral, such violation shall be punishable as a  class
     4  A misdemeanor. A civil penalty for false filing may not be imposed here-
     5  under  in the event a category of "value" or "amount" reported hereunder
     6  is incorrect unless such reported information  is  falsely  understated.
     7  Notwithstanding  any  other  provision  of law to the contrary, no other
     8  penalty, civil or criminal may be imposed for a failure to file, or  for
     9  a  false  filing,  of  such  statement, except that the board may impose
    10  disciplinary action as otherwise provided by law.  The  board  shall  be
    11  deemed  to be an agency within the meaning of article three of the state
    12  administrative procedure act and shall adopt rules governing the conduct
    13  of adjudicatory proceedings and appeals relating to  the  assessment  of
    14  the  civil  penalties  herein  authorized.  Such  rules,  which shall be
    15  subject to the approval requirements of the state administrative  proce-
    16  dure  act,  shall provide for due process procedural mechanisms substan-
    17  tially similar to those set forth in such article three but  such  mech-
    18  anisms  need  not be identical in terms or scope.  Assessment of a civil
    19  penalty shall be final unless  modified,  suspended  or  vacated  within
    20  thirty  days  of  imposition and upon becoming final shall be subject to
    21  review at the  instance  of  the  affected  reporting  individual  in  a
    22  proceeding  commenced  against  the  board, pursuant to article seventy-
    23  eight of the civil practice law and rules.
    24    5. Notwithstanding any other provision  of  law  or  any  professional
    25  disciplinary rule to the contrary, the disclosure of the identity of any
    26  client  or  customer  on  a  reporting  individual's annual statement of
    27  financial disclosure shall not constitute professional misconduct  or  a
    28  ground  for  disciplinary  action of any kind, or form the basis for any
    29  civil or criminal cause of action or proceeding.
    30    6. Starting  January  first,  two  thousand  twenty,  in  addition  to
    31  requirements  set forth in section thirteen-b of this article, examiners
    32  must: (a) treat fifty patients per year; (b) treat ten  injured  workers
    33  per  year;  (c)  perform twenty-four credit hours of continuing examiner
    34  education per year, six  hours  of  which  must  focus  on  professional
    35  ethics;  and  (d)  register with the board annually and submit an annual
    36  registration fee of five hundred dollars.
    37    7. (a) Pursuant to the  state  administrative  procedure  law,  on  or
    38  before  January first, two thousand nineteen, the chair shall promulgate
    39  regulations  establishing  a  statewide  continuing  examiner  education
    40  program.
    41    (b)  All  continuing  examiner  education  courses  must be organized,
    42  taught and administered by board staff with  expertise  in  the  subject
    43  matter of the course.
    44    (c) Courses must be performed and attended in-person.
    45    (d) Courses must address one or more of the following topics:  profes-
    46  sional  responsibility,  ethics and technological advancements in treat-
    47  ment of injured workers.
    48    8. (a) There is hereby established in the workers' compensation  board
    49  an office of the independent medical examination inspector general.
    50    (b)  The  office  shall  be  administered  by an independent inspector
    51  general. On or before January first, two thousand eighteen, the  inspec-
    52  tor  general  shall  be  appointed  by the governor, with the advice and
    53  consent of the senate. The  independent  medical  examination  inspector
    54  general  shall serve for a term of twelve years. The independent medical
    55  examination inspector general shall receive  an  annual  salary  of  one

        A. 4825                            12
     1  hundred  fifty  thousand  dollars  and  may not hold any other office or
     2  position or engage in other employment.
     3    (c)  Fees,  assessments, fines and penalties paid pursuant to subdivi-
     4  sions four, six and nine of this section shall be collected by the board
     5  and maintained in a dedicated fund to be used as the  operating  revenue
     6  of  the office of the independent medical examination inspector general.
     7  The chair shall provide additional revenue as necessary to carry out the
     8  responsibilities of the office.
     9    (d) The office of the independent medical examiner  inspector  general
    10  shall: (i) enforce annual registration and financial disclosure require-
    11  ments  pursuant  to  this  section;  (ii)  collect, review and aggregate
    12  information contained in annual financial disclosure  statements;  (iii)
    13  periodically  audit examiners and independent medical examination organ-
    14  izations to verify the  veracity  of  information  contained  in  annual
    15  audits  and  to  verify  compliance  with  continuing examiner education
    16  requirements; (iv) investigate conflicts of  interest,  malfeasance  and
    17  nonfeasance in connection with independent medical examinations; and (v)
    18  report  annually  to the governor, temporary president of the senate and
    19  speaker of the assembly on the use of independent medical  examinations,
    20  on  individual  investigations  and  recommend  regulatory and statutory
    21  changes.
    22    9. For each independent medical examination ordered or requested by  a
    23  carrier  or  the state fund and performed by an examiner, the carrier or
    24  state fund shall pay an assessment of fifty dollars to the board  within
    25  seven  days  of  the  date  of the examination. Such assessment shall be
    26  maintained by the board in a dedicated fund for the purpose  of  funding
    27  the office of the independent medical examination inspector general.
    28    §  7.  Section  13-f  of  the  workers' compensation law is amended by
    29  adding a new subdivision 3 to read as follows:
    30    (3) The chair shall immediately conduct a study to analyze the  avail-
    31  ability  and  quality  of  care  for injured workers based on specialty,
    32  practice area and geographical region of the state. The results of  that
    33  study  shall  be  released  to  the public on or before December thirty-
    34  first, two thousand seventeen. Where certain geographical regions of the
    35  state are underserved by authorized providers in a specialty, the  chair
    36  shall  devise  and  implement  a  course of action to attract additional
    37  providers of that specific specialty to participate in the system.  This
    38  course  of  action  shall  include,  but  is  not limited to, increasing
    39  medical reimbursement rates for  specialty  services  in  regions  where
    40  participating providers of such services are scarce, regardless of over-
    41  all increase of cost to the system.
    42    §  8.  Section  13-g  of  the  workers' compensation law is amended by
    43  adding a new subdivision 1-a to read as follows:
    44    (1-a) Where an employer or carrier exhibits a pattern of controverting
    45  medical bills on the forty-fifth day following rendering, there shall be
    46  a presumption that such controversion is frivolous and unfounded. If the
    47  employer or carrier fails  to  provide  clear  and  convincing  evidence
    48  rebutting this presumption, the carrier or employer must pay the bill as
    49  if  notice  of controversion has not been provided.  For the purposes of
    50  this section, a pattern of controversion on the forty-fifth day  follow-
    51  ing  rendering  exists where within the past six months, five percent or
    52  more of an employer or carrier's medical bill  controversions  occur  on
    53  the  forty-fifth  day  following  rendering.  The chair shall maintain a
    54  list, to be published on the board's website and to be updated daily, of
    55  employers and carriers whose controversion practices  qualify  them  for
    56  such presumption.

        A. 4825                            13
     1    §  9.  Subdivision 3 of section 13-n of the workers' compensation law,
     2  as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
     3  follows:
     4    3.  The  chair,  upon  finding that an examiner or entity that derives
     5  income from independent medical examinations has materially  altered  an
     6  independent  medical  examination  report, or caused such a report to be
     7  materially altered, [may] shall revoke the authorization of such examin-
     8  er or the registration of such entity, impose a penalty [not  exceeding]
     9  of  at  least  ten thousand dollars and refer the matter to the attorney
    10  general for prosecution.
    11    § 10. Subdivision 5 of section 14 of the workers' compensation law, as
    12  amended by chapter 730 of the laws  of  1978,  is  amended  to  read  as
    13  follows:
    14    5. If it be established that the injured employee was under the age of
    15  [twenty-five]  thirty-five  when injured, or was accepted to or enrolled
    16  in an apprenticeship training program approved by  the  commissioner  of
    17  labor  pursuant to article twenty-three of the labor law, and that under
    18  normal conditions his or her wages would be expected to  increase,  that
    19  fact  [may] shall be considered in arriving at his or her average weekly
    20  wages.
    21    § 11. The section heading of section 14-a of the workers' compensation
    22  law, as amended by chapter 142 of the laws of 1947, is amended  to  read
    23  as follows:
    24    Double compensation and death benefits when [minors] workers illegally
    25  employed.
    26    §  12. Subdivision 1 of section 14-a of the workers' compensation law,
    27  as amended by chapter 67 of the laws of 1983,  is  amended  to  read  as
    28  follows:
    29    1.  Compensation,  death  benefits,  and awards to the commissioner of
    30  taxation and finance in accordance  with  subdivision  nine  of  section
    31  fifteen and section twenty-five-a, as provided in this article, shall be
    32  double  the amount otherwise payable if the injured employee at the time
    33  of the accident is [a minor employed,] permitted or suffered to work  in
    34  violation of any provision of the labor law or in violation of [any rule
    35  heretofore  or  hereafter  adopted by the board of standards and appeals
    36  pursuant to subdivision four of section one hundred thirty-three of said
    37  law] municipal, county, state or federal statute, rule or regulation.
    38    An employer who knowingly permits or suffers a  newspaper  carrier  to
    39  work  in  violation  of  section  thirty-two hundred twenty-eight of the
    40  education law, shall be liable for the increased awards provided by this
    41  section.
    42    § 13. Subdivision 1 of section 15 of the workers' compensation law, as
    43  amended by chapter 675 of the laws  of  1977,  is  amended  to  read  as
    44  follows:
    45    1. Permanent total disability. In case of total disability adjudged to
    46  be  permanent  sixty-six and two-thirds per centum of the average weekly
    47  wages shall be paid to the employee during the continuance of such total
    48  disability. Loss of both hands, or both arms,  or  both  feet,  or  both
    49  legs,  or  both  eyes,  or  of  any two thereof, or approval for federal
    50  social security disability benefits, shall, in the absence of conclusive
    51  proof to the contrary, constitute permanent total disability.    In  all
    52  other cases permanent total disability shall be determined in accordance
    53  with  the facts. Notwithstanding any other provision of this chapter, an
    54  injured employee disabled due to the loss or total loss of use  of  both
    55  eyes, or both hands, or both arms, or both feet, or both legs, or of any
    56  two  thereof  shall  not  suffer  any  diminution of his compensation by

        A. 4825                            14
     1  engaging in business or employment  provided  his  or  her  earnings  or
     2  wages,  when  combined  with his compensation, shall not be in excess of
     3  the wage base on  which  the  maximum  weekly  compensation  benefit  is
     4  computed  under  the  law  in  effect  at  time of such earning; further
     5  provided, that if the combination exceeds such wage  base,  the  compen-
     6  sation  shall be diminished to an amount which, together with his or her
     7  earnings or wages, shall equal the wage base; and further provided  that
     8  the  application  of  this  subdivision shall not result in reduction of
     9  compensation which an injured employee who is disabled due to  the  loss
    10  or  total loss of use of both eyes, or both hands, or both arms, or both
    11  feet, or both legs or of any two thereof, would otherwise be entitled to
    12  under any other provision of this section.
    13    § 14. Subdivision 3 of section 15 of the  workers'  compensation  law,
    14  paragraph  e  as  amended  by  chapter 317 and paragraph f as amended by
    15  chapter 320 of the laws of 1924, paragraph m as amended by  chapter  554
    16  of  the  laws of 1927, paragraph o as amended by chapter 754 of the laws
    17  of 1928, paragraph q as amended by chapter 661  of  the  laws  of  1935,
    18  paragraph  s  as amended by chapter 204 of the laws of 1988, paragraph t
    19  as amended by chapter 774 of the laws of 1945, subparagraphs 1 and 2  of
    20  paragraph  t  as amended by chapter 924 of the laws of 1990, paragraph u
    21  as amended by chapter 351 of the laws of 2009, paragraph v as amended by
    22  chapter 364 of the laws of 1989 and paragraph w as amended by chapter  6
    23  of the laws of 2007, is amended to read as follows:
    24    3.  Permanent  partial  disability.  In  case of disability partial in
    25  character but permanent in quality the compensation shall  be  sixty-six
    26  and  two-thirds per centum of the average weekly wages and shall be paid
    27  to the employee for the period named in this subdivision, as follows:
    28                                                              Number of
    29  Member lost                                          weeks' compensation
    30  a. Arm ........................................................... [312]
    31                                                                      624
    32  b. Leg ........................................................... [288]
    33                                                                      576
    34  c. Hand .......................................................... [244]
    35                                                                      488
    36  d. Foot .......................................................... [205]
    37                                                                      410
    38  e. eye ........................................................... [160]
    39                                                                      320
    40  f. Thumb .......................................................... [75]
    41                                                                      150
    42  g. First finger ................................................... [46]
    43                                                                       92
    44  h. Great toe ...................................................... [38]
    45                                                                       76
    46  i. Second finger .................................................. [30]
    47                                                                       60
    48  j. Third finger ................................................... [25]
    49                                                                       50
    50  k. Toe other than great toe ....................................... [16]
    51                                                                       32
    52  l. Fourth finger .................................................. [15]
    53                                                                       30
    54    m. Loss of hearing. Compensation for the complete loss of the  hearing
    55  of  one ear, for [sixty] one hundred twenty weeks, for the loss of hear-
    56  ing of both ears, for [one hundred and fifty] three hundred weeks.

        A. 4825                            15
     1    n. Phalanges. Compensation for the loss of [more than] one phalange of
     2  a digit shall be the same as for loss of the entire digit. [Compensation
     3  for loss of the first phalange shall be one-half of the compensation for
     4  loss of the entire digit.]
     5    o. Amputated arm or leg. Compensation for an arm or a leg, if amputat-
     6  ed  at or above the wrist or ankle, shall be for the [proportionate loss
     7  of the] entire arm or leg.
     8    p. Binocular vision or per centum of vision. Compensation for loss  of
     9  binocular  vision or for [eighty] fifty per centum or more of the vision
    10  of an eye shall be the same as for loss of the eye.
    11    q. Two or more digits. Compensation for loss or loss of use of two  or
    12  more  digits,  or one or more phalanges of two or more digits, of a hand
    13  or foot [may be proportioned to the loss of use  of  the  hand  or  foot
    14  occasioned  thereby  but  shall not exceed] shall equal the compensation
    15  for loss of a hand or foot.
    16    r. Total loss of use. Compensation for permanent total loss of use  of
    17  a member shall be the same as for loss of the member.
    18    s.  Partial  loss  or  partial loss of use. Compensation for permanent
    19  partial loss or loss of use of a member may be for proportionate loss or
    20  loss of use of the member. Compensation for permanent  partial  loss  or
    21  loss  of use of an eye shall be awarded on the basis of uncorrected loss
    22  of vision or corrected loss of vision resulting from an injury whichever
    23  is the greater.
    24    t. Disfigurement. 1. The board [may] shall award proper and  equitable
    25  compensation  for  serious [facial or head] disfigurement, not to exceed
    26  [twenty] five  hundred  thousand  dollars[,  including  a  disfigurement
    27  continuous  in  length  which  is  partially in the facial area and also
    28  extends into the neck region as described in paragraph two hereof].
    29    2. The board, if in its opinion the earning capacity  of  an  employee
    30  has  been  or  may in the future be impaired, may award compensation for
    31  any serious disfigurement [in the region  above  the  sterno  clavicular
    32  articulations  anterior to and including the region of the sterno cleido
    33  mastoid muscles on either side], but no award under subdivisions one and
    34  two of this section  shall,  in  the  aggregate,  exceed  [twenty]  five
    35  hundred thousand dollars.
    36    [3.  Notwithstanding  any  other provision hereof, two or more serious
    37  disfigurements, not continuous in length, resulting from the same  inju-
    38  ry,  if partially in the facial area and partially in the neck region as
    39  described in paragraph two hereof,  shall  be  deemed  to  be  a  facial
    40  disfigurement.]
    41    u.  Total  or  partial  loss or loss of use of more than one member or
    42  parts of members. In any case in which there shall be a loss or loss  of
    43  use  of  more than one member or parts of more than one member set forth
    44  in paragraphs a through t,  inclusive,  of  this  subdivision,  but  not
    45  amounting  to  permanent total disability, the board shall award compen-
    46  sation for the loss or loss of use of each such member or part  thereof,
    47  which  awards shall be fully payable in one lump sum upon the request of
    48  the injured employee.
    49    v. Additional compensation for impairment of wage earning capacity  in
    50  certain   permanent  partial  disabilities.  Notwithstanding  any  other
    51  provision of this subdivision, [additional] compensation shall be  paya-
    52  ble  for  impairment  of wage earning capacity [for any period after the
    53  termination of an award], during the entire period of  such  impairment,
    54  regardless  of  whether an award was made under paragraphs a, b, c, [or]
    55  d, e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t or u of this  subdivi-
    56  sion  for  the  loss or proportional loss of use of [fifty per centum or

        A. 4825                            16

     1  more of] a member, provided such impairment of earning capacity shall be
     2  due solely thereto. Such [additional] compensation shall  be  determined
     3  in  accordance  with  paragraph  w  of this subdivision. [The additional
     4  compensation shall be reduced by fifty per centum of any amount of disa-
     5  bility  benefits which the disabled employee is receiving or entitled to
     6  receive for the same period under the social  security  act,  and  shall
     7  cease  on  the  date  the  disabled  employee receives or is entitled to
     8  receive old-age insurance benefits under the social  security  act.]  As
     9  soon  as  practicable  after the injury, the worker shall be required to
    10  participate in a board approved rehabilitation program;  or  shall  have
    11  demonstrated cooperation with efforts to institute such a board approved
    12  program and shall have been determined by the board not to be a feasible
    13  candidate  for  rehabilitation;  such  rehabilitation  shall  constitute
    14  treatment and care as provided in this chapter.
    15    w. Other cases. In all other cases of  permanent  partial  disability,
    16  the  compensation  shall  be  sixty-six  and  two-thirds  percent of the
    17  difference between the injured employee's average weekly wages  and  his
    18  or her wage-earning capacity thereafter in the same employment or other-
    19  wise.    Compensation  under  this paragraph shall be payable during the
    20  continuance of such permanent partial disability, but subject to  recon-
    21  sideration  of  the  degree  of  such impairment by the board on its own
    22  motion or upon application  of  any  party  in  interest  [however,  all
    23  compensation  payable  under  this  paragraph  shall not exceed (i) five
    24  hundred twenty-five weeks in cases in which  the  loss  of  wage-earning
    25  capacity is greater than ninety-five percent; (ii) five hundred weeks in
    26  cases  in which the loss of wage-earning capacity is greater than ninety
    27  percent but not more than ninety-five percent; (iii) four hundred seven-
    28  ty-five weeks in cases in which the loss  of  wage-earning  capacity  is
    29  greater  than eighty-five percent but not more than ninety percent; (iv)
    30  four hundred fifty weeks in cases in  which  the  loss  of  wage-earning
    31  capacity  is  greater  than eighty percent but not more than eighty-five
    32  percent; (v) four hundred twenty-five weeks in cases in which  the  loss
    33  of  wage-earning  capacity  is greater than seventy-five percent but not
    34  more than eighty percent; (vi) four hundred weeks in cases in which  the
    35  loss  of  wage-earning  capacity is greater than seventy percent but not
    36  more than seventy-five percent; (vii) three hundred  seventy-five  weeks
    37  in  cases  in  which  the  loss of wage-earning capacity is greater than
    38  sixty percent but not more than seventy percent;  (viii)  three  hundred
    39  fifty  weeks  in  cases  in  which  the loss of wage-earning capacity is
    40  greater than fifty percent but not more than sixty percent;  (ix)  three
    41  hundred  weeks  in  cases  in which the loss of wage-earning capacity is
    42  greater than forty percent but not more  than  fifty  percent;  (x)  two
    43  hundred  seventy-five  weeks  in cases in which the loss of wage-earning
    44  capacity is greater than thirty percent but not more than forty percent;
    45  (xi) two hundred fifty weeks in cases in which the loss of  wage-earning
    46  capacity  is  greater  than  fifteen  percent  but  not more than thirty
    47  percent; and (xii) two hundred twenty-five weeks in cases in  which  the
    48  loss  of  wage-earning  capacity  is  fifteen percent or less. For those
    49  claimants classified as permanently partially  disabled  who  no  longer
    50  receive  indemnity  payments because they have surpassed their number of
    51  maximum benefit weeks, the following provisions will apply:
    52    (1) There will be a presumption that medical services  shall  continue
    53  notwithstanding  the  completion of the time period for compensation set
    54  forth in this section and the burden of going forward and the burden  of
    55  proof  will  lie with the carrier, self-insured employer or state insur-
    56  ance fund in any application before the board to discontinue or  suspend

        A. 4825                            17

     1  such services. Medical services will continue during the pendency of any
     2  such application and any appeals thereto.
     3    (2)  The board is directed to promulgate regulations that establish an
     4  independent review and appeal by an  outside  agent  or  entity  of  the
     5  board's  choosing  of  any  administrative  law judge's determination to
     6  discontinue or suspend medical services before a final determination  of
     7  the board].
     8    §  15.  Paragraph  a  of  subdivision  6 of section 15 of the workers'
     9  compensation law, as amended by section 7-a of part GG of chapter 57  of
    10  the laws of 2013, is amended to read as follows:
    11    (a) Compensation for permanent or temporary total disability due to an
    12  accident  or  disablement  resulting  from  an occupational disease that
    13  occurs, (1) on or after January first, nineteen  hundred  seventy-eight,
    14  shall  not  exceed one hundred twenty-five dollars per week, that occurs
    15  (2) on or after July first, nineteen hundred  seventy-eight,  shall  not
    16  exceed  one hundred eighty dollars per week, that occurs (3) on or after
    17  January first, nineteen  hundred  seventy-nine,  shall  not  exceed  two
    18  hundred  fifteen  dollars  per  week,  that  occurs (4) on or after July
    19  first, nineteen hundred  eighty-three,  shall  not  exceed  two  hundred
    20  fifty-five  dollars  per  week,  that occurs (5) on or after July first,
    21  nineteen hundred eighty-four, shall not exceed two hundred  seventy-five
    22  dollars  per  week,  that  occurs  (6)  on or after July first, nineteen
    23  hundred eighty-five, shall not exceed three hundred  dollars  per  week,
    24  that  occurs  (7) on or after July first, nineteen hundred ninety, shall
    25  not exceed three hundred forty dollars per week;  and  in  the  case  of
    26  temporary  total  disability  shall  not be less than thirty dollars per
    27  week and in the case of permanent total disability  shall  not  be  less
    28  than  twenty dollars per week except that if the employee's wages at the
    29  time of injury are less than thirty or twenty dollars per  week  respec-
    30  tively,  he  or she shall receive his or her full weekly wages.  Compen-
    31  sation for permanent or temporary partial disability due to an  accident
    32  or disablement resulting from an occupational disease that occurs (1) on
    33  or after January first, nineteen hundred seventy-eight, shall not exceed
    34  one  hundred  five  dollars  per  week, that occurs (2) on or after July
    35  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
    36  ty-five dollars per week, that occurs (3) on or after July first,  nine-
    37  teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
    38  dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
    39  hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
    40  week, that occurs (5) on or after July first, nineteen  hundred  ninety,
    41  shall  not  exceed two hundred eighty dollars per week; nor be less than
    42  twenty dollars per week; except that if the employee's wages at the time
    43  of injury are less than twenty dollars per week, he or she shall receive
    44  his or her full weekly  wages.  In  no  event  shall  compensation  when
    45  combined  with  decreased earnings or earning capacity exceed the amount
    46  of wages which the  employee  was  receiving  at  the  time  the  injury
    47  occurred. Compensation for permanent or temporary partial disability, or
    48  for  permanent or temporary total disability due to an accident or disa-
    49  blement resulting from an occupational disease that  occurs  (1)  on  or
    50  after  July  first, nineteen hundred ninety-one and prior to July first,
    51  nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
    52  dollars  per  week; (2) on or after July first, nineteen hundred ninety-
    53  two, shall not exceed four hundred dollars per week; nor  be  less  than
    54  forty  dollars  per week except that if the employee's wages at the time
    55  of injury are less than forty  dollars  per  week,  the  employee  shall
    56  receive  his  or her full wages. Compensation for permanent or temporary

        A. 4825                            18
     1  partial disability, or for permanent or temporary total  disability  due
     2  to  an  accident  or  disablement resulting from an occupational disease
     3  that occurs (1) on or after July first, two  thousand  seven  shall  not
     4  exceed  five  hundred  dollars per week, (2) on or after July first, two
     5  thousand eight shall not exceed five hundred fifty dollars per week, (3)
     6  on or after July first, two thousand nine shall not exceed  six  hundred
     7  dollars  per week, and (4) on or after July first, two thousand ten, and
     8  on or after July first of each succeeding year, shall  not  exceed  two-
     9  thirds  of  the New York state average weekly wage for the year in which
    10  it is reported. Compensation for permanent or temporary partial disabil-
    11  ity, or for permanent or temporary total disability due to  an  accident
    12  or  disablement resulting from an occupational disease that occurs on or
    13  after July first, two thousand seven shall not be less than one  hundred
    14  dollars  per  week  except  that  if the employee's wages at the time of
    15  injury are less than one hundred dollars per week,  the  employee  shall
    16  receive  his or her full wages.  Compensation for permanent or temporary
    17  partial disability, or for permanent or temporary total  disability  due
    18  to  an  accident  or  disablement resulting from an occupational disease
    19  that occurs on or after May first, two thousand thirteen  shall  not  be
    20  less  than one hundred fifty dollars per week except that if the employ-
    21  ee's wages at the time of injury are less than one hundred fifty dollars
    22  per week, the employee shall receive his or her  full  wages.    Compen-
    23  sation  for  permanent or temporary partial disability, or for permanent
    24  or temporary total disability due to an accident or disablement  result-
    25  ing  from  an occupational disease that occurs on or after the effective
    26  date of the chapter of the laws of two thousand seventeen  that  amended
    27  this  paragraph shall not be less than one seventh of the New York state
    28  average weekly wage except that  if  the  employee's  weekly  wage,  the
    29  employee  shall receive his or her full wages. In no event shall compen-
    30  sation when combined with decreased earnings or earning capacity  exceed
    31  the  amount  of  wages the employee was receiving at the time the injury
    32  occurred. Compensation for permanent or temporary partial disability, or
    33  for permanent or temporary total disability due to an accident or  disa-
    34  blement  resulting  from an occupational disease or injury that occurred
    35  as a result of World Trade Center rescue activity by an  employee  of  a
    36  private  voluntary  hospital,  who  passed  a  physical examination upon
    37  employment as a rescue worker that failed to reveal evidence of a condi-
    38  tion that was the proximate cause of disablement or occupational disease
    39  or injury, shall not exceed  three-quarters  of  a  claimant's  wage  on
    40  September  eleventh,  two  thousand  one. In no event shall compensation
    41  when combined with decreased earnings or  earning  capacity  exceed  the
    42  amount  of  wages  the employee was receiving on September eleventh, two
    43  thousand one.
    44    § 16. Section 15 of the workers' compensation law is amended by adding
    45  a new subdivision 10 to read as follows:
    46    10. Cost-of-living adjustments of disability  benefits.  (a)  Notwith-
    47  standing  any  other  provision  of law, in addition to any other amount
    48  received pursuant to this article as disability  benefits,  an  employee
    49  with a disability or the beneficiary dependent of such employee shall be
    50  entitled  to  an  additional  allowance, to be known as a cost-of-living
    51  adjustment allowance, payable annually.
    52    (b) The cost-of-living  adjustment  allowance  shall  be  computed  by
    53  applying  an  adjustment for regional costs of living and shall be based
    54  on two-thirds of the annual increase in the consumer price index for all
    55  urban consumers (CPI-U) as promulgated by the United  States  department
    56  of labor.

        A. 4825                            19
     1    (c)  This subdivision shall not be deemed or construed to diminish the
     2  right of any employee or  beneficiary  to  any  benefit  to  which  such
     3  employee or beneficiary would otherwise be entitled pursuant to law.
     4    §  17.  Subdivisions 1, 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
     5  the workers' compensation law, subdivision 1 as amended by  chapter  245
     6  of  the  laws of 2005, subdivisions 1-b, 1-c and 2 as amended by chapter
     7  168 of the laws of 1979, subdivisions 1-d and 2-b as  added  by  chapter
     8  689  of  the  laws of 2007, subdivision 2-a as amended by chapter 174 of
     9  the laws of 1981, are amended to read as follows:
    10    1. Funeral expenses. The chair shall prepare and establish a  schedule
    11  for  the  state  or  schedules  limited to defined localities of maximum
    12  charges and fees for such funeral expenses, to be determined in  accord-
    13  ance with, and to be subject to change pursuant to, rules promulgated by
    14  the  chair.    The  maximum charges and fees for funeral expenses estab-
    15  lished in a schedule or schedules shall not be less than twelve thousand
    16  dollars. Before preparing such schedule for the state or  schedules  for
    17  limited  localities,  the  chair  shall request the president of the New
    18  York state funeral directors' association  to  submit  to  the  chair  a
    19  report  on  the  amount of remuneration deemed by such association to be
    20  fair and adequate for the types of funeral services rendered under  this
    21  chapter,  but  consideration  shall  also be given to the views of other
    22  interested parties.  The  amounts  payable  by  the  employer  for  such
    23  services  shall  be the actual fees and charges up to the maximum estab-
    24  lished by such schedule. Provided, however, no such schedule of  charges
    25  and  fees shall apply where a firefighter dies from injuries received in
    26  the line of duty as a direct result of firefighting or  where  a  police
    27  officer  dies  from  injuries  received  in the line of duty as a direct
    28  result of law enforcement activities, where such  funeral  expenses  are
    29  reasonable.  If such funeral expenses shall have been paid by the claim-
    30  ants entitled to compensation under  this  section  or  by  others,  the
    31  funeral  expenses  awarded  shall  be  made payable to such claimants or
    32  others, otherwise they shall be made payable to the undertaker who shall
    33  have provided burial. Funeral expenses shall be awarded in case  of  all
    34  injuries  causing  death  including  cases in which there are no persons
    35  entitled to other compensation under this chapter.
    36    1-b. If there be a surviving spouse and no child of the deceased under
    37  the age of eighteen years and no child of any  age  dependent  blind  or
    38  physically  disabled, and the death occurs on or after July first, nine-
    39  teen hundred forty-eight, and prior to January first,  nineteen  hundred
    40  seventy-eight,  to  such spouse forty per centum of the average wages of
    41  the deceased [during widowhood or widowerhood with  two  years'  compen-
    42  sation  in one sum, upon remarriage]; and where the death occurred prior
    43  to July first, nineteen hundred forty-eight, to such wife (or  dependent
    44  husband) thirty per centum of such wages [during widowhood (or dependent
    45  widowerhood) with two years' compensation in one sum, upon remarriage].
    46    1-c. If there be a surviving spouse and no child of the deceased under
    47  the  age  of  eighteen  years  or under the age of twenty-three years if
    48  enrolled and attending as a full time student in  an  accredited  educa-
    49  tional  institution  and  such  enrollment  and  full time attendance is
    50  certified by such institution and no child of any age dependent blind or
    51  physically disabled, and the death occurs on  or  after  January  first,
    52  nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds
    53  per centum of the average wages of the  deceased  [during  widowhood  or
    54  widowerhood  with two years' compensation, in one sum, upon remarriage].
    55  Where the death occurs on  or  after  January  first,  nineteen  hundred
    56  seventy-eight, and the spouse is receiving the survivors insurance bene-

        A. 4825                            20
     1  fits under the social security act, the death benefit payable under this
     2  section  shall be reduced in accordance with the provisions of table No.
     3  1 below by five per centum of  the  spouse's  share  of  the  survivor's
     4  insurance benefits under the social security act for each ten dollars of
     5  deceased's average weekly wage in excess of one hundred dollars provided
     6  that  in  no  case  shall such reduction exceed fifty per centum of said
     7  spouse's share of the survivors  insurance  benefits  under  the  social
     8  security act.
     9                                 TABLE No. I
    10               Offset provisions applicable in death benefits
    11                   where there is a sole surviving spouse
    12  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    13                                                        SHARE OF SURVIVORS
    14                                                        INSURANCE BENEFITS
    15  over $100 up to and including $110 ................................... 5
    16  over $110 up to and including $120 .................................. 10
    17  over $120 up to and including $130 .................................. 15
    18  over $130 up to and including $140 .................................. 20
    19  over $140 up to and including $150 .................................. 25
    20  over $150 up to and including $160 .................................. 30
    21  over $160 up to and including $170 .................................. 35
    22  over $170 up to and including $180 .................................. 40
    23  over $180 up to and including $190 .................................. 45
    24  over $190 up to and including $200 .................................. 50
    25  over $200 ........................................................... 50
    26    1-d. If there be a surviving spouse of an employee of a private volun-
    27  tary  hospital killed in a World Trade Center rescue, who passed a phys-
    28  ical examination upon employment as  a  rescue  worker  that  failed  to
    29  reveal  evidence  of  a condition that was the proximate cause of death,
    30  and no child of the deceased under the age of eighteen years,  or  under
    31  the  age  of twenty-three years if enrolled and attending as a full-time
    32  student in an accredited educational institution and such enrollment and
    33  full-time attendance is certified by such institution, and no  child  of
    34  any  age dependent blind or physically disabled, to such spouse seventy-
    35  five per centum of the average wages of the deceased  [during  widowhood
    36  or  widowerhood,  with  two years' compensation, in one sum, upon remar-
    37  riage]. Where such death occurs, and the spouse is receiving the  survi-
    38  vors insurance benefits under the social security act, the death benefit
    39  payable  under  this  section  shall  be  reduced in accordance with the
    40  provisions of table No. I in subdivision one-c of this section  by  five
    41  per  centum  of  the spouse's share of the survivor's insurance benefits
    42  under the social security act for each ten dollars of deceased's average
    43  weekly wage in excess of one hundred dollars; provided that in  no  case
    44  shall  such  reduction exceed fifty per centum of such spouse's share of
    45  the survivors insurance benefits under the social security act.
    46    2. If there be a surviving spouse and a surviving child or children of
    47  the deceased under the age of eighteen years or  a  surviving  child  or
    48  children  of  any  age  dependent  blind or physically disabled, and the
    49  death occurs on or after July first, nineteen hundred  forty-eight,  and
    50  prior  to  January first, nineteen hundred seventy-eight, to such spouse
    51  thirty per centum of the average wages of the deceased [during widowhood
    52  or widowerhood with two years' compensation  in  one  sum,  upon  remar-
    53  riage]; and the additional amount of twenty per centum of such wages for

        A. 4825                            21
     1  each  such child until the age of eighteen years or until the removal of
     2  the dependency of the blind or physically disabled child or children; in
     3  case of the subsequent death [or remarriage] of  such  surviving  spouse
     4  any surviving child of the deceased employee, at the time under eighteen
     5  years  of  age  or dependent through mental or physical infirmity, shall
     6  have his or her compensation increased to  thirty  per  centum  of  such
     7  wages,  and  the  same  shall be payable until he shall reach the age of
     8  eighteen years or until such  dependent  blind  or  physically  disabled
     9  condition  shall have been removed; provided that the total amount paya-
    10  ble shall in no case exceed sixty-six and two-thirds per centum of  such
    11  wages.  Upon  statutory termination of compensation payments to all such
    12  children, the compensation of the surviving spouse shall be increased to
    13  forty per centum of such wages [with two years'  compensation,  at  such
    14  rate, in one sum, upon remarriage].
    15    If  there  be  a  surviving wife (or dependent husband) and any of the
    16  aforementioned surviving children, and the death occurred prior to  July
    17  first, nineteen hundred forty-eight, to such wife (or dependent husband)
    18  thirty per centum of the average wages of the deceased [during widowhood
    19  (or dependent widowerhood) with two years' compensation in one sum, upon
    20  remarriage];  and  the additional amount of ten per centum of such wages
    21  for each such child until eighteen years of age or until the removal  of
    22  the dependency of the blind or physically disabled child or children; in
    23  case  of the subsequent death [or remarriage] of such surviving wife (or
    24  dependent husband) any surviving child of the deceased shall have his or
    25  her compensation increased to fifteen per centum of such wages until  he
    26  shall  reach  the age of eighteen years or until such dependent blind or
    27  physically disabled condition shall have been removed; provided that the
    28  total amount payable shall in no case exceed  sixty-six  and  two-thirds
    29  per centum of such wages.
    30    The  board may in its discretion require the appointment of a guardian
    31  for the purpose of receiving the compensation of  a  minor  child  or  a
    32  dependent  blind  or physically disabled child. In the absence of such a
    33  requirement by the board the appointment of a guardian for such purposes
    34  shall not be necessary.
    35    2-a. If there be a surviving spouse and a surviving  child  under  the
    36  age of eighteen years or under the age of twenty-three years if enrolled
    37  and attending as a full time student in an accredited educational insti-
    38  tution and such enrollment and full time attendance is certified by such
    39  institution  or  a  surviving  child of any age dependent blind or phys-
    40  ically disabled and the death occurs on or after January first, nineteen
    41  hundred seventy-eight, to such  spouse  thirty-six  and  two-thirds  per
    42  centum  of the average wages of the deceased [during widowhood or widow-
    43  erhood with two years' compensation in one sum,  upon  remarriage];  and
    44  thirty  per centum of such wages to such child under the age of eighteen
    45  years or under the age of twenty-three years if enrolled  and  attending
    46  as a full time student in an accredited educational institution and such
    47  enrollment  and full time attendance is certified by such institution or
    48  a surviving child of any age dependent blind or physically disabled;  in
    49  the  case of the subsequent death of such surviving spouse the surviving
    50  child shall have his or her  compensation  increased  to  sixty-six  and
    51  two-thirds  per  centum  of  such wages and the same shall be payable so
    52  long as he or she is under the age of eighteen years or under the age of
    53  twenty-three years if enrolled and attending as a full time  student  in
    54  an  accredited educational institution and such enrollment and full time
    55  attendance is certified by such institution or a surviving child of  any
    56  age  dependent  blind or physically disabled; upon statutory termination

        A. 4825                            22
     1  of compensation payable to such child, the compensation of the surviving
     2  spouse shall be increased to sixty-six and two-thirds per centum of such
     3  wages [with two years' compensation, at such  rate,  in  one  sum,  upon
     4  remarriage.  Upon  remarriage  of  such  surviving spouse, the surviving
     5  child shall continue to receive thirty per centum of such wages].  Where
     6  the  death  occurs  on or after January first, nineteen hundred seventy-
     7  eight and the spouse is receiving survivors insurance benefits under the
     8  social security act, the death benefit payable under this section  shall
     9  be  reduced  by  five  per centum of the spouse's share of the survivors
    10  insurance benefits under the social security act for each ten dollars of
    11  deceased's average weekly wage in excess of one hundred dollars provided
    12  that in no case shall such reduction exceed fifty  per  centum  of  said
    13  spouse's  share  of  the  survivors  insurance benefits under the social
    14  security act as set forth in table No. I below.
    15                                 TABLE No. I
    16               Offset provisions applicable in death benefits
    17               where there is a surviving spouse and one child
    18  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    19                                                        SHARE OF SURVIVORS
    20                                                        INSURANCE BENEFITS
    21  over $100 up to and including $110 ................................... 5
    22  over $110 up to and including $120 .................................. 10
    23  over $120 up to and including $130 .................................. 15
    24  over $130 up to and including $140 .................................. 20
    25  over $140 up to and including $150 .................................. 25
    26  over $150 up to and including $160 .................................. 30
    27  over $160 up to and including $170 .................................. 35
    28  over $170 up to and including $180 .................................. 40
    29  over $180 up to and including $190 .................................. 45
    30  over $190 up to and including $200 .................................. 50
    31  over $200 ........................................................... 50
    32    If there be a surviving spouse and  two  or  more  surviving  children
    33  under  the  age of eighteen years or under the age of twenty-three years
    34  if enrolled and attending as a full time student in an accredited educa-
    35  tional institution and such  enrollment  and  full  time  attendance  is
    36  certified  by  such  institution or a surviving child or children of any
    37  age dependent blind or physically disabled and  a  death  occurs  on  or
    38  after  January  first,  nineteen  hundred  seventy-eight, to such spouse
    39  thirty-six and two-thirds per centum of the average wage of the deceased
    40  [during widowhood or widowerhood with two years' compensation in one sum
    41  upon remarriage]; and thirty per centum of such wages to  such  children
    42  under  the  age of eighteen years or under the age of twenty-three years
    43  if enrolled and attending as a full time student in an accredited educa-
    44  tional institution and such  enrollment  and  full  time  attendance  is
    45  certified  by  such  institution or a surviving child or children of any
    46  age dependent blind or physically disabled, share and  share  alike;  in
    47  case  of  the  subsequent  death  of such surviving spouse the surviving
    48  children shall have their compensation increased to sixty-six  and  two-
    49  thirds  per centum of such wages and the aggregate sum shall be payable,
    50  share and share alike, so long as they are under  the  age  of  eighteen
    51  years  or  under the age of twenty-three years if enrolled and attending
    52  as a full time student in an accredited educational institution and such
    53  enrollment and full time attendance is certified by such institution  or

        A. 4825                            23
     1  a  surviving  child or children of any age dependent blind or physically
     2  disabled. [Upon remarriage of such surviving spouse,  if  there  be  two
     3  surviving  children  each  shall  receive twenty-five per centum of such
     4  wages,  and  if there are surviving more than two children under the age
     5  of eighteen years or under the  age  of  twenty-three  if  enrolled  and
     6  attending  as  a full time student in an accredited educational institu-
     7  tion and such enrollment and full time attendance is certified  by  such
     8  institution  or a surviving child or children of any age dependent blind
     9  or physically disabled sixty-six and two-thirds per centum of such wages
    10  share and share alike.] Upon statutory termination of compensation paya-
    11  ble to such children, the compensation of the surviving spouse shall  be
    12  increased to sixty-six and two-thirds per centum of such wages [with two
    13  years'  compensation,  at such rate, in one sum, upon remarriage]. Where
    14  the death occurs on or after January first,  nineteen  hundred  seventy-
    15  eight,  and  the  spouse is receiving survivors insurance benefits under
    16  the social security act, the death benefits payable under  this  section
    17  shall  be reduced by five per centum of the spouse's share of the survi-
    18  vors insurance benefits under the  social  security  act  for  each  ten
    19  dollars of deceased's average weekly wage in excess of one hundred fifty
    20  dollars  provided  that in no case shall such reduction exceed fifty per
    21  centum of said spouse's share of the survivors insurance benefits  under
    22  the social security act as set forth in table No. II below.
    23                                TABLE No. II
    24               Offset provisions applicable in death benefits
    25         where there is a surviving spouse and two or more children
    26  AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
    27                                                        SHARE OF SURVIVORS
    28                                                        INSURANCE BENEFITS
    29  over $150 up to and including $160 ................................... 5
    30  over $160 up to and including $170 .................................. 10
    31  over $170 up to and including $180 .................................. 15
    32  over $180 up to and including $190 .................................. 20
    33  over $190 up to and including $200 .................................. 25
    34  over $200 up to and including $210 .................................. 30
    35  over $210 up to and including $220 .................................. 35
    36  over $220 up to and including $230 .................................. 40
    37  over $230 up to and including $240 .................................. 45
    38  over $240 up to and including $250 .................................. 50
    39  over $250 ........................................................... 50
    40    2-b. If there be a surviving spouse of an employee of a private volun-
    41  tary  hospital killed in a World Trade Center rescue, who passed a phys-
    42  ical examination upon employment as  a  rescue  worker  that  failed  to
    43  reveal  evidence  of  a condition that was the proximate cause of death,
    44  and a surviving child under the age of eighteen years, or under the  age
    45  of  twenty-three  years if enrolled and attending as a full-time student
    46  in an accredited educational institution and such enrollment  and  full-
    47  time  attendance  is certified by such institution, or a surviving child
    48  of any age dependent blind or physically disabled, to such spouse  forty
    49  per  centum  of  the  average wages of the deceased [during widowhood or
    50  widowerhood, with two years' compensation in one sum, upon  remarriage];
    51  and  thirty-five per centum of such wages to such child under the age of
    52  eighteen years, or under the age of twenty-three years if  enrolled  and
    53  attending  as  a full-time student in an accredited educational institu-

        A. 4825                            24
     1  tion and such enrollment and full-time attendance is certified  by  such
     2  institution,  or  a  surviving child of any age dependent blind or phys-
     3  ically disabled; in the case of the subsequent death of  such  surviving
     4  spouse  the surviving child shall have his or her compensation increased
     5  to seventy-five per centum of such wages and the same shall  be  payable
     6  so  long  as  he or she is under the age of eighteen years, or under the
     7  age of twenty-three years if  enrolled  and  attending  as  a  full-time
     8  student in an accredited educational institution and such enrollment and
     9  full-time  attendance  is  certified by such institution, or a surviving
    10  child of any age dependent blind or physically disabled; upon  statutory
    11  termination  of  compensation payable to such child, the compensation of
    12  the surviving spouse shall be increased to seventy-five  per  centum  of
    13  such wages [with two years' compensation, at such rate, in one sum, upon
    14  remarriage.  Upon  remarriage  of  such  surviving spouse, the surviving
    15  child shall continue to receive thirty-five per centum of  such  wages].
    16  Where such death occurs, and the spouse is receiving survivors insurance
    17  benefits  under the social security act, the death benefit payable under
    18  this section shall be reduced by five per centum of the  spouse's  share
    19  of  the  survivors  insurance benefits under the social security act for
    20  each ten dollars of deceased's average weekly  wage  in  excess  of  one
    21  hundred  dollars;  provided  that in no case shall such reduction exceed
    22  fifty per centum of such spouse's share of the survivors insurance bene-
    23  fits under the social security act as set forth in table No. I in subdi-
    24  vision one-c of this section. If there  be  a  surviving  spouse  of  an
    25  employee  of a private voluntary hospital killed in a World Trade Center
    26  rescue, who passed a physical examination upon employment  as  a  rescue
    27  worker that failed to reveal evidence of a condition that was the proxi-
    28  mate cause of death, and two or more surviving children under the age of
    29  eighteen  years,  or under the age of twenty-three years if enrolled and
    30  attending as a full-time student in an accredited  educational  institu-
    31  tion  and  such enrollment and full-time attendance is certified by such
    32  institution, or a surviving child or children of any age dependent blind
    33  or physically disabled and a death occurs on or  after  September  elev-
    34  enth,  two  thousand one, to such spouse forty per centum of the average
    35  wage of the deceased [during widowhood or widowerhood  with  two  years'
    36  compensation  in one sum upon remarriage]; and thirty-five per centum of
    37  such wages to such children under the age of eighteen  years,  or  under
    38  the  age  of twenty-three years if enrolled and attending as a full-time
    39  student in an accredited educational institution and such enrollment and
    40  full-time attendance is certified by such institution,  or  a  surviving
    41  child  or  children  of  any age dependent blind or physically disabled,
    42  share and share alike; in case of the subsequent death of such surviving
    43  spouse the surviving children shall have their compensation increased to
    44  seventy-five per centum of such wages and the  aggregate  sum  shall  be
    45  payable,  share  and  share  alike, so long as they are under the age of
    46  eighteen years, or under the age of twenty-three years if  enrolled  and
    47  attending  as  a full-time student in an accredited educational institu-
    48  tion and such enrollment and full-time attendance is certified  by  such
    49  institution, or a surviving child or children of any age dependent blind
    50  or  physically  disabled.  [Upon remarriage of such surviving spouse, if
    51  there be two surviving children  each  shall  receive  thirty-seven  and
    52  one-half  per centum of such wages, and if there are surviving more than
    53  two children under the age of eighteen years, or under the age of  twen-
    54  ty-three  if enrolled and attending as a full-time student in an accred-
    55  ited educational institution and such enrollment and  full-time  attend-
    56  ance  is certified by such institution, or a surviving child or children

        A. 4825                            25

     1  of any age dependant blind  or  physically  disabled,  seventy-five  per
     2  centum  of such wages share and share alike.] Upon statutory termination
     3  of compensation payable  to  such  children,  the  compensation  of  the
     4  surviving  spouse  shall be increased to seventy-five per centum of such
     5  wages [with two years' compensation, at such  rate,  in  one  sum,  upon
     6  remarriage].  Where the death occurs on or after September eleventh, two
     7  thousand one, and the spouse is receiving survivors  insurance  benefits
     8  under  the  social  security  act, the death benefits payable under this
     9  section shall be reduced by five per centum of the spouse's share of the
    10  survivors insurance benefits under the social security act for each  ten
    11  dollars of deceased's average weekly wage in excess of one hundred fifty
    12  dollars;  provided that in no case shall such reduction exceed fifty per
    13  centum of said spouse's share of the survivors insurance benefits  under
    14  the  social  security  act  as  set forth in table No. II in subdivision
    15  two-a of this section.
    16    § 18. Section 16 of the workers' compensation law is amended by adding
    17  a new subdivision 8  to read as follows:
    18    8. (a) Notwithstanding any other provision of law, in addition to  any
    19  other  amount  received  pursuant  to  this article as death benefits, a
    20  dependent of a deceased employee shall  be  entitled  to  an  additional
    21  allowance, to be known as a cost-of-living adjustment allowance, payable
    22  annually.
    23    (b)  The  cost-of-living  adjustment  allowance shall   be computed by
    24  applying an adjustment for regional costs of living in the region  where
    25  the  deceased employee lived at the time of death or initial disability,
    26  whichever was earlier, and shall be based on two-thirds  of  the  annual
    27  increase  in the consumer price index for all urban consumers (CPI-U) as
    28  promulgated by the United States department of labor.
    29    (c) This subdivision shall not be deemed or construed to diminish  the
    30  right of any beneficiary to any benefits to which such beneficiary would
    31  otherwise be entitled pursuant to law.
    32    § 19. Section 17 of the workers' compensation law, as amended by chap-
    33  ter 538 of the laws of 1985, is amended to read as follows:
    34    §  17. Aliens. Compensation under this chapter to aliens not residents
    35  or about to become nonresidents of the United States or Canada and their
    36  surviving dependents, shall be the same in amount as provided for  resi-
    37  dents[,  except  that dependents in any foreign country shall be limited
    38  to surviving spouse and child or children, or, if there is no  surviving
    39  spouse  or  child  or  children,  to surviving father or mother whom the
    40  employee has supported, either wholly or in part, for the period of  one
    41  year prior to the date of the accident].
    42    §  20.  Section  21 of the workers' compensation law, subdivision 5 as
    43  amended by chapter 268 of the laws  of  1946,  is  amended  to  read  as
    44  follows:
    45    §  21.  Presumptions. In any proceeding for the enforcement of a claim
    46  for compensation under this chapter, it shall be presumed in the absence
    47  of substantial evidence to the contrary:
    48    1. That the claim comes within the provision of this chapter[;].
    49    2. That sufficient notice thereof was given[;].
    50    3. That the injury was not occasioned by the willful intention of  the
    51  injured  employee  to  bring  about the injury or death of himself or of
    52  another[;].
    53    4. That the injury did not result solely from the intoxication of  the
    54  injured employee while on duty.

        A. 4825                            26
     1    5.  That  the  contents  of medical and surgical reports introduced in
     2  evidence by claimants for  compensation  shall  constitute  prima  facie
     3  evidence of fact as to the matter contained therein.
     4    6.  That  an  injured worker whose employer has not offered her or him
     5  reemployment has not voluntarily withdrawn from the labor market.
     6    § 21. Section 23 of the  workers'  compensation  law,  as  amended  by
     7  section  10  of part GG of chapter 57 of the laws of 2013, is amended to
     8  read as follows:
     9    § 23. Appeals. An award or decision of the board shall  be  final  and
    10  conclusive  upon  all  questions within its jurisdiction, as against the
    11  state fund or between the parties, unless reversed or modified on appeal
    12  therefrom as hereinafter provided. Any  party  may  within  thirty  days
    13  after  notice  of  the filing of an award or decision of a referee, file
    14  with the board an application in writing for a modification  or  rescis-
    15  sion  or  review of such award or decision, as provided in this chapter.
    16  The board shall render its decision upon such application in writing and
    17  shall include in such decision a statement of the facts which formed the
    18  basis of its action on the issues raised before it on such  application.
    19  Within  thirty  days after notice of the decision of the board upon such
    20  application has been served upon the  parties,  or  within  thirty  days
    21  after notice of an administrative redetermination review decision by the
    22  chair  pursuant  to  subdivision  five of section fifty-two, section one
    23  hundred thirty-one or section one hundred forty-one-a  of  this  chapter
    24  has been served upon any party in interest, an appeal may be taken ther-
    25  efrom  to the appellate division of the supreme court, third department,
    26  by any party in interest, including an employer  insured  in  the  state
    27  fund;  provided,  however,  that any party in interest may within thirty
    28  days after notice of the filing of the board panel's decision  with  the
    29  secretary  of  the board, make application in writing for review thereof
    30  by the full board. If the decision or determination was that of a  panel
    31  of the board and there was a dissent from such decision or determination
    32  other  than a dissent the sole basis of which is to refer the case to an
    33  impartial specialist, the full board shall review and affirm, modify  or
    34  rescind  such  decision  or  determination  in the same manner as herein
    35  above provided for an award or decision of a referee.   If the  decision
    36  or  determination  was  that of a unanimous panel of the board, or there
    37  was a dissent from such decision or  determination  the  sole  basis  of
    38  which  is to refer the case to an impartial specialist, the board may in
    39  its sole discretion review and affirm, modify or rescind  such  decision
    40  or  determination  in  the  same  manner as herein above provided for an
    41  award or decision of a referee. Failure to apply for review by the  full
    42  board shall not bar any party in interest from taking an appeal directly
    43  to  the  court  as above provided. The board may also, in its discretion
    44  certify to such appellate division of the supreme  court,  questions  of
    45  law involved in its decision. Such appeals and the question so certified
    46  shall  be  heard  in a summary manner and shall have precedence over all
    47  other civil cases in such court. The board shall be deemed  a  party  to
    48  every such appeal from its decision upon such application, and the chair
    49  shall  be  deemed  a  party  to every such appeal from an administrative
    50  redetermination review decision pursuant to subdivision five of  section
    51  fifty-two  of  this  chapter.  The  attorney general shall represent the
    52  board and the chair thereon. An appeal may also be taken to the court of
    53  appeals in the same manner and  subject  to  the  same  limitations  not
    54  inconsistent  herewith  as is now provided in the civil practice law and
    55  rules. It shall not be necessary to file exceptions to  the  rulings  of
    56  the  board.  An  appeal  to the appellate division of the supreme court,

        A. 4825                            27
     1  third department, or to the court of appeals, shall  not  operate  as  a
     2  stay  of  the payment of compensation required by the terms of the award
     3  or of the payment of the cost of such medical, dental, surgical, optome-
     4  tric  or other attendance, treatment, devices, apparatus or other neces-
     5  sary items the employer is required to provide pursuant to section thir-
     6  teen of this article which are found to be fair  and  reasonable.  Where
     7  such  award is modified or rescinded upon appeal, the appellant shall be
     8  entitled to reimbursement in a sum equal to the compensation in  dispute
     9  paid  to  the  respondent in addition to a sum equal to the cost of such
    10  medical, dental, surgical, optometric or  other  attendance,  treatment,
    11  devices,  apparatus or other necessary items the employer is required to
    12  provide pursuant to section thirteen of this article paid by the  appel-
    13  lant  pending  adjudication  of  the appeal. Such reimbursement shall be
    14  paid from administration expenses as provided  in  section  one  hundred
    15  fifty-one of this chapter upon audit and warrant of the comptroller upon
    16  vouchers  approved  by  the  chair.  Where  such award is subject to the
    17  provisions of section twenty-seven of this article, the appellant  shall
    18  pay  directly  to the claimant all compensation as it becomes due during
    19  the pendency of the appeal, and upon affirmance  shall  be  entitled  to
    20  credit  for such payments. Neither the chair, the board, the commission-
    21  ers of the state insurance fund nor the claimant shall  be  required  to
    22  file  a bond upon an appeal to the court of appeals. Upon final determi-
    23  nation of such an appeal, the board or chair, as the case may be,  shall
    24  enter  an  order in accordance therewith. Whenever a notice of appeal is
    25  served or an application made to the board by the employer or  insurance
    26  carrier  for a modification or rescission or review of an award or deci-
    27  sion, and the board shall find that such notice of appeal was served  or
    28  such  application  was  made  for the purpose of delay or upon frivolous
    29  grounds, the board shall impose a penalty in the amount of five  hundred
    30  dollars  upon  the employer or insurance carrier, which penalty shall be
    31  added to the compensation  and  paid  to  the  claimant.  The  penalties
    32  provided  herein  shall  be  collected in like manner as compensation. A
    33  party against whom an award of compensation shall  be  made  may  appeal
    34  from  a  part  of such award. In such a case the payment of such part of
    35  the award as is not appealed from shall not prejudice any rights of such
    36  party on appeal, nor be taken as an admission against  such  party.  Any
    37  appeal  by  an  employer  from  an administrative redetermination review
    38  decision pursuant to subdivision five of section fifty-two of this chap-
    39  ter shall in no way serve to relieve the employer from the obligation to
    40  timely pay compensation and benefits  otherwise  payable  in  accordance
    41  with the provisions of this chapter.
    42    Applications  or  petitions  to  the  board  for review, modification,
    43  rescission, rehearing or review by the full board must be decided within
    44  thirty days of the petition or application  or  within  thirty  days  of
    45  completion  of motion practice on the petition or application, whichever
    46  is later.
    47    Nothing contained in this section shall be construed  to  inhibit  the
    48  continuing  jurisdiction of the board as provided in section one hundred
    49  twenty-three of this chapter.
    50    § 22. Section 77 of the workers' compensation law, as amended by chap-
    51  ter 6 of the laws of 2007, is amended to read as follows:
    52    § 77. Administration. The state insurance fund shall  be  administered
    53  by the commissioners of the state insurance fund, of whom there shall be
    54  [ten]  eight. The commissioner of labor and the chief executive officers
    55  of the New York State American Federation of  Labor-Congress  of  Indus-
    56  trial  Organizations  and  the Business Council of the State of New York

        A. 4825                            28
     1  shall, in addition, be [a commissioner] commissioners of  such  fund  by
     2  virtue  of  [his  or  her office] their offices. The commissioners shall
     3  elect annually from the appointive members a chair and a vice-chair  who
     4  shall  act  as  chair  in  the absence of the chair. The commissioner of
     5  labor may designate a deputy commissioner and the chief executive  offi-
     6  cers  of  the  New  York  State American Federation of Labor-Congress of
     7  Industrial Organizations and the Business Council of the  State  of  New
     8  York  may each designate a representative to [act in his or her] execute
     9  their duties as commissioners of such fund in their place and stead  [as
    10  a  commissioner  of  such  fund].  The  remaining commissioners shall be
    11  appointed by the governor, by and with the advice  and  consent  of  the
    12  senate. [One commissioner shall be appointed by the governor upon recom-
    13  mendation by the New York State American Federation of Labor-Congress of
    14  Industrial Organizations, and one commissioner shall be appointed by the
    15  governor upon recommendation of the Business Council of the State of New
    16  York.]  They shall be policyholders insured in the state insurance fund.
    17  The commissioners shall be appointed for terms of three years each. They
    18  shall serve until their successors are  appointed  and  have  qualified.
    19  Vacancies  shall  be  filled  for the unexpired terms. Each commissioner
    20  shall before entering upon his or her duties,  take  and  subscribe  the
    21  constitutional  oath of office which shall be filed in the office of the
    22  secretary of state.
    23    § 23. Section 114 of the workers' compensation law, as added by  chap-
    24  ter  635 of the laws of 1996, subdivision 4 as amended and subdivision 5
    25  as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
    26  follows:
    27    § 114. Penalties for fraudulent practices. 1. Any person who, knowing-
    28  ly  and  with  intent  to  defraud  presents, causes to be presented, or
    29  prepares with knowledge or belief that it will be presented to or by  an
    30  insurer  or  purported insurer, or any agent thereof, any written state-
    31  ment as part of, or in support of, an application for the issuance of or
    32  the rating of an insurance policy  for  compensation  insurance[,  or  a
    33  claim  for  payment  or other benefit pursuant to a compensation policy]
    34  which he or she knows to: (i) contain a  false  statement  or  represen-
    35  tation  concerning  any  fact  material  thereto; or (ii) omits any fact
    36  material thereto, shall be guilty of a class E felony. Upon  conviction,
    37  the  court  in  addition  to  any  other  authorized sentence, may order
    38  forfeiture of [all rights to compensation or payments  of  any  benefit]
    39  any  property, including real property, buildings and appurtenances that
    40  constitute the instrumentality of the entity on whose behalf the  appli-
    41  cation was made, and may also require restitution of any amount received
    42  as a result of a violation of this subdivision.
    43    1-a.  Any  person  who, knowingly and with intent to defraud presents,
    44  causes to be presented, or prepares with knowledge  or  belief  that  it
    45  will be presented to or by an insurer or purported insurer, or any agent
    46  thereof, any written statement as part of, or in support of, a claim for
    47  payment  or  other benefit pursuant to a compensation policy which he or
    48  she knows to: (i) contain a false statement or representation concerning
    49  any fact material thereto; or (ii)  omits  any  fact  material  thereto,
    50  shall be guilty of a class E felony. Upon conviction, the court in addi-
    51  tion  to  any  other  authorized  sentence,  may order forfeiture of all
    52  rights to compensation or payments of any benefit, and may also  require
    53  restitution  of  any  amount received as a result of a violation of this
    54  subdivision.
    55    2. An employer or carrier, or any employee, agent, or person acting on
    56  behalf of an employer or carrier, who knowingly makes a false  statement

        A. 4825                            29
     1  or  representation  as  to  a  material fact in the course of reporting,
     2  investigation of, or adjusting a claim for any benefit or payment  under
     3  this  chapter  for  the purpose of avoiding provision of such payment or
     4  benefit  shall be guilty of a class E felony. Upon conviction, the court
     5  in addition to any other authorized sentence, may  order  forfeiture  of
     6  any  property, including real property, buildings and appurtenances that
     7  constitute the instrumentality of the employer or carrier and  may  also
     8  require restitution of any amount received as a result of a violation of
     9  this subdivision.
    10    3. A person who knowingly makes a false statement or representation as
    11  to a material fact for the purpose of obtaining, maintaining or renewing
    12  insurance  under this chapter, whether for himself or herself or for any
    13  other person or entity or for the purpose of evading the requirements of
    14  section fifty of this chapter shall be guilty of a class E felony.  Upon
    15  conviction, the court in addition to any other authorized sentence,  may
    16  order forfeiture of any property, including real property, buildings and
    17  appurtenances that constitute the instrumentality of the entity on whose
    18  behalf  the  application  was made. In addition to any other remedy, the
    19  carrier providing insurance shall be  entitled  to  restitution  of  any
    20  amount  obtained or withheld as a result of a violation of this subdivi-
    21  sion.
    22    4. Consistent with the provisions of the criminal  procedure  law,  in
    23  any prosecution alleging a violation of subdivision one, two or three of
    24  this  section,  or sections fifty-two and one hundred thirty-one of this
    25  chapter, in which  the  act  or  acts  alleged  may  also  constitute  a
    26  violation of the penal or other law, the prosecuting official may charge
    27  a  person  pursuant  to  the  provisions of this section and in the same
    28  accusatory instrument with a violation of such other law.
    29    5. A person (a) who is convicted of a  second  or  subsequent  offense
    30  under  this section within ten years of the prior conviction, or (b) who
    31  violates any provision of this section concerning two or more claimants,
    32  shall be guilty of a class [D] B felony.
    33    § 24. Section 122 of the workers'  compensation  law,  as  amended  by
    34  chapter 113 of the laws of 1946, is amended to read as follows:
    35    § 122. Transcripts. A copy of the testimony, evidence and procedure of
    36  any  investigation,  or  a  particular  part thereof, recorded and tran-
    37  scribed by a stenographer in the employ of the board  and  certified  by
    38  such  stenographer  to  be  true and correct may be received in evidence
    39  with the same effect as if such stenographer were present and testifying
    40  to the facts so certified.  A copy of such transcript shall be furnished
    41  to any party upon payment of the fee for transcripts of similar  minutes
    42  in the supreme court.
    43    §  25.  Section  140  of  the workers' compensation law, as amended by
    44  chapter 57 of the laws of 1951, is amended to read as follows:
    45    § 140. [Workmen's] Workers' compensation board. The [workmen's]  work-
    46  ers'  compensation board in the department of labor is hereby continued.
    47  Such board shall consist of thirteen members,  at  least  four  of  whom
    48  shall  be  attorneys and counsellors-at-law duly admitted to practice in
    49  this state. The members of the board shall be appointed by the governor,
    50  by and with the advice and consent of the senate.   Three members  shall
    51  be  appointed  by the governor upon recommendation of the speaker of the
    52  assembly; three members shall be appointed by the governor  upon  recom-
    53  mendation of the temporary president of the senate; two members shall be
    54  appointed  by  the  governor  upon  recommendation of the New York State
    55  American Federation of Labor-Congress of Industrial  Organizations;  and
    56  two  members  shall  be appointed by the governor upon recommendation of

        A. 4825                            30
     1  the Business Council of the state of New York. The members of the  board
     2  in  office,  together  with  the  additional  members  and  the  members
     3  appointed to fill vacancies, if any, at  the  time  this  section  takes
     4  effect,  shall  continue,  notwithstanding the appointment of any of the
     5  members for a term expiring on a different  date,  to  hold  office  for
     6  terms  to be assigned by the governor by and with the advice and consent
     7  of the senate; two such terms to expire on December thirty-first,  nine-
     8  teen  hundred  fifty;  two  to expire on December thirty-first, nineteen
     9  hundred fifty-one; two to  expire  on  December  thirty-first,  nineteen
    10  hundred  fifty-two;  two  to  expire  on December thirty-first, nineteen
    11  hundred fifty-three; two to expire on  December  thirty-first,  nineteen
    12  hundred  fifty-four;  two  to  expire on December thirty-first, nineteen
    13  hundred fifty-five; and one to expire on December thirty-first, nineteen
    14  hundred fifty-six. The members next appointed, except to fill a  vacancy
    15  created  otherwise  than  by  expiration of term, shall be appointed for
    16  terms of seven years. The governor shall designate one of the members of
    17  the board as chairman and another as vice-chairman.
    18    § 26. Subdivision 1 of section 169 of the executive law, as amended by
    19  section 9 of part A of chapter 60 of the laws of  2012,  is  amended  to
    20  read as follows:
    21    1.  Salaries of certain state officers holding the positions indicated
    22  hereinbelow shall be as set forth in subdivision two of this section:
    23    (a) commissioner of corrections and community supervision, commission-
    24  er of education, commissioner of health, commissioner of mental  health,
    25  commissioner of developmental disabilities, commissioner of children and
    26  family  services,  commissioner  of temporary and disability assistance,
    27  chancellor of the state university of New York, commissioner  of  trans-
    28  portation, commissioner of environmental conservation, superintendent of
    29  state  police,  commissioner  of  general  services, commissioner of the
    30  division of homeland security and emergency services [and],  the  execu-
    31  tive director of the state gaming commission, and the chair of the work-
    32  ers' compensation board;
    33    (b)  commissioner  of  labor,  chairman  of public service commission,
    34  commissioner  of  taxation  and  finance,  superintendent  of  financial
    35  services,  commissioner of criminal justice services, [and] commissioner
    36  of parks, recreation and historic preservation, and  the  vice-chair  of
    37  the workers' compensation board;
    38    (c)  commissioner of agriculture and markets, commissioner of alcohol-
    39  ism and substance abuse services,  adjutant  general,  commissioner  and
    40  president  of  state  civil service commission, commissioner of economic
    41  development, chair of the energy  research  and  development  authority,
    42  president  of  higher  education  services  corporation, commissioner of
    43  motor vehicles, member-chair of board of parole, chair of public employ-
    44  ment relations board, secretary of state, commissioner of alcoholism and
    45  substance abuse services, executive  director  of  the  housing  finance
    46  agency,  commissioner of housing and community renewal, executive direc-
    47  tor of state insurance fund, commissioner-chair of state liquor authori-
    48  ty, [chair] and members of the workers' compensation board;
    49    (d) director of office for the aging, commissioner  of  human  rights,
    50  commissioners  of  the  department  of public service, chairman of state
    51  commission on quality of care for the  mentally  disabled,  chairman  of
    52  commission  on  alcoholism and substance abuse prevention and education,
    53  executive director of the council on the arts and executive director  of
    54  the board of social welfare;
    55    (e)  chairman  of state athletic commission, director of the office of
    56  victim services, chairman of human rights appeal board, chairman of  the

        A. 4825                            31
     1  industrial  board  of  appeals,  chairman  of  the  state  commission of
     2  correction, members of the board of parole, member-chairman of unemploy-
     3  ment insurance appeal board, and director  of  veterans'  affairs[,  and
     4  vice-chairman of the workers' compensation board];
     5    (f)  executive  director  of  adirondack park agency, members of state
     6  commission of correction, and members of unemployment  insurance  appeal
     7  board[, and members of the workers' compensation board].
     8    §  27.  Paragraph 1 of subsection (t) of section 2313 of the insurance
     9  law, as amended by chapter 237 of the laws of 2012, is amended  to  read
    10  as follows:
    11    (1)  The governing body of a workers' compensation rate service organ-
    12  ization shall be comprised of nine voting members.  Four  members  shall
    13  represent  insurers  authorized to write workers' compensation insurance
    14  in this state, and shall be selected in such manner as is determined  by
    15  the  members of the rate service organization. One member of the govern-
    16  ing body shall be a representative of the state insurance fund. Each  of
    17  the  remaining four members of the governing body shall serve for a term
    18  of two years and until his or her successor shall  have  been  appointed
    19  and  approved,  provided that the appointing entity appoints a successor
    20  member within one hundred twenty days of the expiration of the  term  of
    21  office, and shall not be employed by, or serve as an officer or director
    22  of,  an  insurer  authorized to write workers' compensation insurance in
    23  this state, or any parent, subsidiary, or affiliate thereof, except  the
    24  state  insurance  fund.   One such member of the governing body shall be
    25  appointed by the superintendent. The other three such members  shall  be
    26  appointed  subject  to  the approval of the superintendent by, and shall
    27  serve as representatives of, the following:  (A)  the  workers'  compen-
    28  sation  board; (B) the Business Council of New York State, Inc.; and (C)
    29  the American Federation of Labor - Congress of Industrial  Organizations
    30  of  New York State. Any vacancy on the governing body shall be filled in
    31  the same manner as the initial appointment.  The  governing  body  shall
    32  select  a chief executive officer who shall serve at the pleasure of the
    33  governing body and whose terms and conditions  of  employment  shall  be
    34  approved  by the governing body. No restriction in this subsection shall
    35  apply if compliance is  prevented  by  the  failure  of  any  appointing
    36  authority  to  make  an appointment, or of the superintendent to approve
    37  such appointment.
    38    § 28. Section 71 of the civil service law, as amended by  chapter  577
    39  of the laws of 2003, is amended to read as follows:
    40    § 71. Reinstatement after separation for disability. Where an employee
    41  has  been separated from the service by reason of a disability resulting
    42  from occupational injury or disease as defined in the [workmen's]  work-
    43  ers' compensation law, he or she shall be entitled to a leave of absence
    44  for  at least one year, unless his or her disability is of such a nature
    45  as to permanently incapacitate him or her for  the  performance  of  the
    46  duties  of  his or her position. Notwithstanding the foregoing, where an
    47  employee has been separated from the service by reason of  a  disability
    48  resulting  from an assault sustained in the course of his or her employ-
    49  ment, he or she shall be entitled to a leave of absence for at least two
    50  years, unless his or her disability is of such a nature as to permanent-
    51  ly incapacitate him or her for the performance of the duties of  his  or
    52  her position. Notwithstanding the foregoing, where an employee is absent
    53  by  reason of a disability resulting from occupational injury or disease
    54  as defined in the workers' compensation law and that  employee  has  not
    55  yet  received  care directed by his or her treating provider as a result
    56  of the employer or carrier's dispute, that employee is  entitled  to  an

        A. 4825                            32
     1  indefinite  leave  of absence, unless his or her disability is of such a
     2  nature as to permanently incapacitate him or her for the performance  of
     3  the  duties  of  his or her position. Such employee may, within one year
     4  after  the termination of such disability, make application to the civil
     5  service department or municipal commission having jurisdiction over  the
     6  position  last  held  by  such  employee for a medical examination to be
     7  conducted by a medical officer selected for that purpose by such depart-
     8  ment or commission. If, upon  such  medical  examination,  such  medical
     9  officer shall certify that such person is physically and mentally fit to
    10  perform  the  duties  of  his or her former position, he or she shall be
    11  reinstated to his or her former position, if vacant, or to a vacancy  in
    12  a  similar  position  or a position in a lower grade in the same occupa-
    13  tional field, or to a vacant position for which he or she  was  eligible
    14  for  transfer.  If  no  appropriate  vacancy  shall exist to which rein-
    15  statement may be made, or if the work load does not warrant the  filling
    16  of  such  vacancy,  the  name  of  such  person  shall  be placed upon a
    17  preferred list for his or her former position, and he or  she  shall  be
    18  eligible for reinstatement from such preferred list for a period of four
    19  years.  In  the  event that such person is reinstated to a position in a
    20  grade lower than that of his or her former position,  his  or  her  name
    21  shall  be  placed  on  the preferred eligible list for his or her former
    22  position or any similar position.  This section shall not be  deemed  to
    23  modify or supersede any other provisions of law applicable to the re-em-
    24  ployment  of persons retired from the public service on account of disa-
    25  bility.
    26    § 29. Paragraph (b) of subdivision 1 of section 460.10  of  the  penal
    27  law,  as  amended by chapter 442 of the laws of 2006, is amended to read
    28  as follows:
    29    (b) Any felony set forth elsewhere in  the  laws  of  this  state  and
    30  defined  by the tax law relating to alcoholic beverage, cigarette, gaso-
    31  line and similar motor fuel taxes; article seventy-one of  the  environ-
    32  mental  conservation law relating to water pollution, hazardous waste or
    33  substances hazardous or acutely hazardous to public health or safety  of
    34  the  environment;  article  twenty-three-A  of  the general business law
    35  relating to prohibited acts concerning stocks, bonds and  other  securi-
    36  ties,  article twenty-two of the general business law concerning monopo-
    37  lies, article seven of the workers' compensation law concerning fraud.
    38    § 30. This act shall take effect on the ninetieth day after  it  shall
    39  have  become a law; provided, however that the amendments to paragraph 1
    40  of subsection (t) of section 2313 of the insurance law made  by  section
    41  twenty-seven  of this act shall not affect the repeal of such subsection
    42  and shall be deemed repealed therewith.
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