Bill Text: NY A06164 | 2019-2020 | 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) 2020-01-06 - enacting clause stricken [A06164 Detail]
Download: New_York-2019-A06164-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6164 2019-2020 Regular Sessions IN ASSEMBLY February 28, 2019 ___________ 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 Subdivision 4 of section 10 of the workers' compensation 2 law is REPEALED. 3 § 2.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. LBD07704-01-9A. 6164 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 25 to read as follows: 36 25. "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. 6164 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. 6164 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. 6164 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. 6164 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 theA. 6164 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 interestsA. 6164 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 $4,450,000A. 6164 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 $10,000,000A. 6164 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. 6164 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-two, 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 twenty-one, the chair shall promul- 39 gate 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 twenty, the inspector 52 general shall be appointed by the governor, with the advice and consent 53 of the senate. The independent medical examination inspector general 54 shall serve for a term of twelve years. The independent medical examina- 55 tion inspector general shall receive an annual salary of one hundredA. 6164 12 1 fifty thousand dollars and may not hold any other office or position or 2 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 nineteen. 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. 6164 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 rule35heretofore or hereafter adopted by the board of standards and appeals36pursuant to subdivision four of section one hundred thirty-three of said37law] 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 byA. 6164 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, paragraph w as amended by section 1 of 23 subpart A and paragraph x as added by section 1 of subpart B of part NNN 24 of chapter 59 of the laws of 2017, is amended to read as follows: 25 3. Permanent partial disability. In case of disability partial in 26 character but permanent in quality the compensation shall be sixty-six 27 and two-thirds per centum of the average weekly wages and shall be paid 28 to the employee for the period named in this subdivision, as follows: 29 Number of 30 Member lost weeks' compensation 31 a. Arm ........................................................... [312] 32 624 33 b. Leg ........................................................... [288] 34 576 35 c. Hand .......................................................... [244] 36 488 37 d. Foot .......................................................... [205] 38 410 39 e. eye ........................................................... [160] 40 320 41 f. Thumb .......................................................... [75] 42 150 43 g. First finger ................................................... [46] 44 92 45 h. Great toe ...................................................... [38] 46 76 47 i. Second finger .................................................. [30] 48 60 49 j. Third finger ................................................... [25] 50 50 51 k. Toe other than great toe ....................................... [16] 52 32 53 l. Fourth finger .................................................. [15] 54 30A. 6164 15 1 m. Loss of hearing. Compensation for the complete loss of the hearing 2 of one ear, for [sixty] one hundred twenty weeks, for the loss of hear- 3 ing of both ears, for [one hundred and fifty] three hundred weeks. 4 n. Phalanges. Compensation for the loss of [more than] one phalange of 5 a digit shall be the same as for loss of the entire digit. [Compensation6for loss of the first phalange shall be one-half of the compensation for7loss of the entire digit.] 8 o. Amputated arm or leg. Compensation for an arm or a leg, if amputat- 9 ed at or above the wrist or ankle, shall be for the [proportionate loss10of the] entire arm or leg. 11 p. Binocular vision or per centum of vision. Compensation for loss of 12 binocular vision or for [eighty] fifty per centum or more of the vision 13 of an eye shall be the same as for loss of the eye. 14 q. Two or more digits. Compensation for loss or loss of use of two or 15 more digits, or one or more phalanges of two or more digits, of a hand 16 or foot [may be proportioned to the loss of use of the hand or foot17occasioned thereby but shall not exceed] shall equal the compensation 18 for loss of a hand or foot. 19 r. Total loss of use. Compensation for permanent total loss of use of 20 a member shall be the same as for loss of the member. 21 s. Partial loss or partial loss of use. Compensation for permanent 22 partial loss or loss of use of a member may be for proportionate loss or 23 loss of use of the member. Compensation for permanent partial loss or 24 loss of use of an eye shall be awarded on the basis of uncorrected loss 25 of vision or corrected loss of vision resulting from an injury whichever 26 is the greater. 27 t. Disfigurement. 1. The board [may] shall award proper and equitable 28 compensation for serious [facial or head] disfigurement, not to exceed 29 [twenty] five hundred thousand dollars[, including a disfigurement30continuous in length which is partially in the facial area and also31extends into the neck region as described in paragraph two hereof]. 32 2. The board, if in its opinion the earning capacity of an employee 33 has been or may in the future be impaired, may award compensation for 34 any serious disfigurement [in the region above the sterno clavicular35articulations anterior to and including the region of the sterno cleido36mastoid muscles on either side], but no award under subdivisions one and 37 two of this section shall, in the aggregate, exceed [twenty] five 38 hundred thousand dollars. 39 [3. Notwithstanding any other provision hereof, two or more serious40disfigurements, not continuous in length, resulting from the same inju-41ry, if partially in the facial area and partially in the neck region as42described in paragraph two hereof, shall be deemed to be a facial43disfigurement.] 44 u. Total or partial loss or loss of use of more than one member or 45 parts of members. In any case in which there shall be a loss or loss of 46 use of more than one member or parts of more than one member set forth 47 in paragraphs a through t, inclusive, of this subdivision, but not 48 amounting to permanent total disability, the board shall award compen- 49 sation for the loss or loss of use of each such member or part thereof, 50 which awards shall be fully payable in one lump sum upon the request of 51 the injured employee. 52 v. Additional compensation for impairment of wage earning capacity in 53 certain permanent partial disabilities. Notwithstanding any other 54 provision of this subdivision, [additional] compensation shall be paya- 55 ble for impairment of wage earning capacity [for any period after the56termination of an award], during the entire period of such impairment,A. 6164 16 1 regardless of whether an award was made under paragraphs a, b, c, [or] 2 d, e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t or u of this subdivi- 3 sion for the loss or proportional loss of use of [fifty per centum or4more of] a member, provided such impairment of earning capacity shall be 5 due solely thereto. Such [additional] compensation shall be determined 6 in accordance with paragraph w of this subdivision. [The additional7compensation shall be reduced by fifty per centum of any amount of disa-8bility benefits which the disabled employee is receiving or entitled to9receive for the same period under the social security act, and shall10cease on the date the disabled employee receives or is entitled to11receive old-age insurance benefits under the social security act.] As 12 soon as practicable after the injury, the worker shall be required to 13 participate in a board approved rehabilitation program; or shall have 14 demonstrated cooperation with efforts to institute such a board approved 15 program and shall have been determined by the board not to be a feasible 16 candidate for rehabilitation; such rehabilitation shall constitute 17 treatment and care as provided in this chapter. 18 w. Other cases. In all other cases of permanent partial disability, 19 the compensation shall be sixty-six and two-thirds percent of the 20 difference between the injured employee's average weekly wages and his 21 or her wage-earning capacity thereafter in the same employment or other- 22 wise. Compensation under this paragraph shall be payable during the 23 continuance of such permanent partial disability, without the necessity 24 for the claimant who is entitled to benefits at the time of classifica- 25 tion to demonstrate ongoing attachment to the labor market, but subject 26 to reconsideration of the degree of such impairment by the board on its 27 own motion or upon application of any party in interest [however, all28compensation payable under this paragraph shall not exceed (i) five29hundred twenty-five weeks in cases in which the loss of wage-earning30capacity is greater than ninety-five percent; (ii) five hundred weeks in31cases in which the loss of wage-earning capacity is greater than ninety32percent but not more than ninety-five percent; (iii) four hundred seven-33ty-five weeks in cases in which the loss of wage-earning capacity is34greater than eighty-five percent but not more than ninety percent; (iv)35four hundred fifty weeks in cases in which the loss of wage-earning36capacity is greater than eighty percent but not more than eighty-five37percent; (v) four hundred twenty-five weeks in cases in which the loss38of wage-earning capacity is greater than seventy-five percent but not39more than eighty percent; (vi) four hundred weeks in cases in which the40loss of wage-earning capacity is greater than seventy percent but not41more than seventy-five percent; (vii) three hundred seventy-five weeks42in cases in which the loss of wage-earning capacity is greater than43sixty percent but not more than seventy percent; (viii) three hundred44fifty weeks in cases in which the loss of wage-earning capacity is45greater than fifty percent but not more than sixty percent; (ix) three46hundred weeks in cases in which the loss of wage-earning capacity is47greater than forty percent but not more than fifty percent; (x) two48hundred seventy-five weeks in cases in which the loss of wage-earning49capacity is greater than thirty percent but not more than forty percent;50(xi) two hundred fifty weeks in cases in which the loss of wage-earning51capacity is greater than fifteen percent but not more than thirty52percent; and (xii) two hundred twenty-five weeks in cases in which the53loss of wage-earning capacity is fifteen percent or less. For a claimant54with a date of accident or disablement after the effective date of the55chapter of the laws of two thousand seventeen that amended this subdivi-56sion, where the carrier or employer has provided compensation pursuantA. 6164 17 1to subdivision five of this section beyond one hundred thirty weeks from2the date of accident or disablement, all subsequent weeks in which3compensation was paid shall be considered to be benefit weeks for4purposes of this section, with the carrier or employer receiving credit5for all such subsequent weeks against the amount of maximum benefit6weeks when permanent partial disability under this section is deter-7mined. In the event of payment for intermittent temporary partial disa-8bility paid after one hundred thirty weeks from the date of accident or9disablement, such time shall be reduced to a number of weeks, for which10the carrier will receive a credit against the maximum benefit weeks. For11a claimant with a date of accident or disablement after the effective12date of the chapter of the laws of two thousand seventeen that amended13this subdivision, when permanency is at issue, and a claimant has14submitted medical evidence that he or she is not at maximum medical15improvement, and the carrier has produced or has had a reasonable oppor-16tunity to produce an independent medical examination concerning maximum17medical improvement, and the board has determined that the claimant is18not yet at maximum medical improvement, the carrier shall not receive a19credit for benefit weeks prior to a finding that the claimant has20reached maximum medical improvement, at which time the carrier shall21receive credit for any weeks of temporary disability paid to claimant22after such finding against the maximum benefit weeks awarded under this23subdivision. For those claimants classified as permanently partially24disabled who no longer receive indemnity payments because they have25surpassed their number of maximum benefit weeks, the following26provisions will apply:27(1) There will be a presumption that medical services shall continue28notwithstanding the completion of the time period for compensation set29forth in this section and the burden of going forward and the burden of30proof will lie with the carrier, self-insured employer or state insur-31ance fund in any application before the board to discontinue or suspend32such services. Medical services will continue during the pendency of any33such application and any appeals thereto.34(2) The board is directed to promulgate regulations that establish an35independent review and appeal by an outside agent or entity of the36board's choosing of any administrative law judge's determination to37discontinue or suspend medical services before a final determination of38the board]. 39 x. Impairment guidelines. The chair shall consult with representatives 40 of labor, business, medical providers, insurance carriers, and self-in- 41 sured employers regarding revisions to permanency impairment guidelines, 42 including permitting review and comment by such representatives' chosen 43 medical advisors, and after consultation shall, in accordance with the 44 state administrative procedure act, propose for public comment revised 45 permanency guidelines concerning medical evaluation of impairment and 46 the determination of permanency as set forth in paragraphs a through v 47 of this subdivision by September first, two thousand seventeen, with 48 such guidelines to be adopted by the chair by January first, two thou- 49 sand eighteen. The permanency impairment guidelines shall be reflective 50 of advances in modern medicine that enhance healing and result in better 51 outcomes. In the event the chair fails to adopt such permanency guide- 52 lines to be effective by January first, two thousand eighteen, the chair 53 shall adopt, by emergency regulation, permanency impairment guidelines. 54 The permanency impairment guidelines adopted by emergency regulation 55 shall be either the impairment guidelines proposed by the chair on 56 September first, two thousand seventeen or the permanency impairmentA. 6164 18 1 guidelines created by the consultant to the board and submitted to 2 representatives of labor, business, medical providers, insurance carri- 3 ers, and self-insured employers, as voted on in an emergency meeting of 4 the board to be held on December twenty-ninth, two thousand seventeen. 5 In the event the board is unable to reach a decision at such meeting, 6 the chair shall select the permanency guidelines to be adopted by emer- 7 gency regulations. Emergency regulations shall be in effect for ninety 8 days or until such time as permanent regulations are adopted by the 9 chair. As of January first, two thousand eighteen the 2012 permanency 10 impairment guidelines pertaining to paragraphs a through v of subdivi- 11 sion three of section fifteen of this article are repealed, and shall 12 have no effect. The board shall train adjudication and other staff to 13 ensure timely and effective implementation. 14 § 15. Paragraph (a) of subdivision 6 of section 15 of the workers' 15 compensation law, as amended by section 7-a of part GG of chapter 57 of 16 the laws of 2013, is amended to read as follows: 17 (a) Compensation for permanent or temporary total disability due to an 18 accident or disablement resulting from an occupational disease that 19 occurs, (1) on or after January first, nineteen hundred seventy-eight, 20 shall not exceed one hundred twenty-five dollars per week, that occurs 21 (2) on or after July first, nineteen hundred seventy-eight, shall not 22 exceed one hundred eighty dollars per week, that occurs (3) on or after 23 January first, nineteen hundred seventy-nine, shall not exceed two 24 hundred fifteen dollars per week, that occurs (4) on or after July 25 first, nineteen hundred eighty-three, shall not exceed two hundred 26 fifty-five dollars per week, that occurs (5) on or after July first, 27 nineteen hundred eighty-four, shall not exceed two hundred seventy-five 28 dollars per week, that occurs (6) on or after July first, nineteen 29 hundred eighty-five, shall not exceed three hundred dollars per week, 30 that occurs (7) on or after July first, nineteen hundred ninety, shall 31 not exceed three hundred forty dollars per week; and in the case of 32 temporary total disability shall not be less than thirty dollars per 33 week and in the case of permanent total disability shall not be less 34 than twenty dollars per week except that if the employee's wages at the 35 time of injury are less than thirty or twenty dollars per week respec- 36 tively, he or she shall receive his or her full weekly wages. Compen- 37 sation for permanent or temporary partial disability due to an accident 38 or disablement resulting from an occupational disease that occurs (1) on 39 or after January first, nineteen hundred seventy-eight, shall not exceed 40 one hundred five dollars per week, that occurs (2) on or after July 41 first, nineteen hundred eighty-three, shall not exceed one hundred twen- 42 ty-five dollars per week, that occurs (3) on or after July first, nine- 43 teen hundred eighty-four, shall not exceed one hundred thirty-five 44 dollars per week, that occurs (4) on or after July first, nineteen 45 hundred eighty-five, shall not exceed one hundred fifty dollars per 46 week, that occurs (5) on or after July first, nineteen hundred ninety, 47 shall not exceed two hundred eighty dollars per week; nor be less than 48 twenty dollars per week; except that if the employee's wages at the time 49 of injury are less than twenty dollars per week, he or she shall receive 50 his or her full weekly wages. In no event shall compensation when 51 combined with decreased earnings or earning capacity exceed the amount 52 of wages which the employee was receiving at the time the injury 53 occurred. Compensation for permanent or temporary partial disability, or 54 for permanent or temporary total disability due to an accident or disa- 55 blement resulting from an occupational disease that occurs (1) on or 56 after July first, nineteen hundred ninety-one and prior to July first,A. 6164 19 1 nineteen hundred ninety-two, shall not exceed three hundred fifty 2 dollars per week; (2) on or after July first, nineteen hundred ninety- 3 two, shall not exceed four hundred dollars per week; nor be less than 4 forty dollars per week except that if the employee's wages at the time 5 of injury are less than forty dollars per week, the employee shall 6 receive his or her full wages. Compensation for permanent or temporary 7 partial disability, or for permanent or temporary total disability due 8 to an accident or disablement resulting from an occupational disease 9 that occurs (1) on or after July first, two thousand seven shall not 10 exceed five hundred dollars per week, (2) on or after July first, two 11 thousand eight shall not exceed five hundred fifty dollars per week, (3) 12 on or after July first, two thousand nine shall not exceed six hundred 13 dollars per week, and (4) on or after July first, two thousand ten, and 14 on or after July first of each succeeding year, shall not exceed two- 15 thirds of the New York state average weekly wage for the year in which 16 it is reported. Compensation for permanent or temporary partial disabil- 17 ity, or for permanent or temporary total disability due to an accident 18 or disablement resulting from an occupational disease that occurs on or 19 after July first, two thousand seven shall not be less than one hundred 20 dollars per week except that if the employee's wages at the time of 21 injury are less than one hundred dollars per week, the employee shall 22 receive his or her full wages. Compensation for permanent or temporary 23 partial disability, or for permanent or temporary total disability due 24 to an accident or disablement resulting from an occupational disease 25 that occurs on or after May first, two thousand thirteen shall not be 26 less than one hundred fifty dollars per week except that if the employ- 27 ee's wages at the time of injury are less than one hundred fifty dollars 28 per week, the employee shall receive his or her full wages. Compen- 29 sation for permanent or temporary partial disability, or for permanent 30 or temporary total disability due to an accident or disablement result- 31 ing from an occupational disease that occurs on or after the effective 32 date of the chapter of the laws of two thousand nineteen that amended 33 this paragraph shall not be less than one seventh of the New York state 34 average weekly wage except that if the employee's weekly wage, the 35 employee shall receive his or her full wages. In no event shall compen- 36 sation when combined with decreased earnings or earning capacity exceed 37 the amount of wages the employee was receiving at the time the injury 38 occurred. Compensation for permanent or temporary partial disability, or 39 for permanent or temporary total disability due to an accident or disa- 40 blement resulting from an occupational disease or injury that occurred 41 as a result of World Trade Center rescue activity by an employee of a 42 private voluntary hospital, who passed a physical examination upon 43 employment as a rescue worker that failed to reveal evidence of a condi- 44 tion that was the proximate cause of disablement or occupational disease 45 or injury, shall not exceed three-quarters of a claimant's wage on 46 September eleventh, two thousand one. In no event shall compensation 47 when combined with decreased earnings or earning capacity exceed the 48 amount of wages the employee was receiving on September eleventh, two 49 thousand one. 50 § 16. Section 15 of the workers' compensation law is amended by adding 51 a new subdivision 10 to read as follows: 52 10. Cost-of-living adjustments of disability benefits. (a) Notwith- 53 standing any other provision of law, in addition to any other amount 54 received pursuant to this article as disability benefits, an employee 55 with a disability or the beneficiary dependent of such employee shall beA. 6164 20 1 entitled to an additional allowance, to be known as a cost-of-living 2 adjustment allowance, payable annually. 3 (b) The cost-of-living adjustment allowance shall be computed by 4 applying an adjustment for regional costs of living and shall be based 5 on two-thirds of the annual increase in the consumer price index for all 6 urban consumers (CPI-U) as promulgated by the United States department 7 of labor. 8 (c) This subdivision shall not be deemed or construed to diminish the 9 right of any employee or beneficiary to any benefit to which such 10 employee or beneficiary would otherwise be entitled pursuant to law. 11 § 17. Subdivisions 1, 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of 12 the workers' compensation law, subdivision 1 as amended by chapter 245 13 of the laws of 2005, subdivisions 1-b, 1-c and 2 as amended by chapter 14 168 of the laws of 1979, subdivisions 1-d and 2-b as added by chapter 15 689 of the laws of 2007, subdivision 2-a as amended by chapter 174 of 16 the laws of 1981, are amended to read as follows: 17 1. Funeral expenses. The chair shall prepare and establish a schedule 18 for the state or schedules limited to defined localities of maximum 19 charges and fees for such funeral expenses, to be determined in accord- 20 ance with, and to be subject to change pursuant to, rules promulgated by 21 the chair. The maximum charges and fees for funeral expenses estab- 22 lished in a schedule or schedules shall not be less than twelve thousand 23 dollars. Before preparing such schedule for the state or schedules for 24 limited localities, the chair shall request the president of the New 25 York state funeral directors' association to submit to the chair a 26 report on the amount of remuneration deemed by such association to be 27 fair and adequate for the types of funeral services rendered under this 28 chapter, but consideration shall also be given to the views of other 29 interested parties. The amounts payable by the employer for such 30 services shall be the actual fees and charges up to the maximum estab- 31 lished by such schedule. Provided, however, no such schedule of charges 32 and fees shall apply where a firefighter dies from injuries received in 33 the line of duty as a direct result of firefighting or where a police 34 officer dies from injuries received in the line of duty as a direct 35 result of law enforcement activities, where such funeral expenses are 36 reasonable. If such funeral expenses shall have been paid by the claim- 37 ants entitled to compensation under this section or by others, the 38 funeral expenses awarded shall be made payable to such claimants or 39 others, otherwise they shall be made payable to the undertaker who shall 40 have provided burial. Funeral expenses shall be awarded in case of all 41 injuries causing death including cases in which there are no persons 42 entitled to other compensation under this chapter. 43 1-b. If there be a surviving spouse and no child of the deceased under 44 the age of eighteen years and no child of any age dependent blind or 45 physically disabled, and the death occurs on or after July first, nine- 46 teen hundred forty-eight, and prior to January first, nineteen hundred 47 seventy-eight, to such spouse forty per centum of the average wages of 48 the deceased [during widowhood or widowerhood with two years' compen-49sation in one sum, upon remarriage]; and where the death occurred prior 50 to July first, nineteen hundred forty-eight, to such wife (or dependent 51 husband) thirty per centum of such wages [during widowhood (or dependent52widowerhood) with two years' compensation in one sum, upon remarriage]. 53 1-c. If there be a surviving spouse and no child of the deceased under 54 the age of eighteen years or under the age of twenty-three years if 55 enrolled and attending as a full time student in an accredited educa- 56 tional institution and such enrollment and full time attendance isA. 6164 21 1 certified by such institution and no child of any age dependent blind or 2 physically disabled, and the death occurs on or after January first, 3 nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds 4 per centum of the average wages of the deceased [during widowhood or5widowerhood with two years' compensation, in one sum, upon remarriage]. 6 Where the death occurs on or after January first, nineteen hundred 7 seventy-eight, and the spouse is receiving the survivors insurance bene- 8 fits under the social security act, the death benefit payable under this 9 section shall be reduced in accordance with the provisions of table No. 10 1 below by five per centum of the spouse's share of the survivor's 11 insurance benefits under the social security act for each ten dollars of 12 deceased's average weekly wage in excess of one hundred dollars provided 13 that in no case shall such reduction exceed fifty per centum of said 14 spouse's share of the survivors insurance benefits under the social 15 security act. 16 TABLE No. I 17 Offset provisions applicable in death benefits 18 where there is a sole surviving spouse 19 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 20 SHARE OF SURVIVORS 21 INSURANCE BENEFITS 22 over $100 up to and including $110 ................................... 5 23 over $110 up to and including $120 .................................. 10 24 over $120 up to and including $130 .................................. 15 25 over $130 up to and including $140 .................................. 20 26 over $140 up to and including $150 .................................. 25 27 over $150 up to and including $160 .................................. 30 28 over $160 up to and including $170 .................................. 35 29 over $170 up to and including $180 .................................. 40 30 over $180 up to and including $190 .................................. 45 31 over $190 up to and including $200 .................................. 50 32 over $200 ........................................................... 50 33 1-d. If there be a surviving spouse of an employee of a private volun- 34 tary hospital killed in a World Trade Center rescue, who passed a phys- 35 ical examination upon employment as a rescue worker that failed to 36 reveal evidence of a condition that was the proximate cause of death, 37 and no child of the deceased 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, and no child of 41 any age dependent blind or physically disabled, to such spouse seventy- 42 five per centum of the average wages of the deceased [during widowhood43or widowerhood, with two years' compensation, in one sum, upon remar-44riage]. Where such death occurs, and the spouse is receiving the survi- 45 vors insurance benefits under the social security act, the death benefit 46 payable under this section shall be reduced in accordance with the 47 provisions of table No. I in subdivision one-c of this section by five 48 per centum of the spouse's share of the survivor's insurance benefits 49 under the social security act for each ten dollars of deceased's average 50 weekly wage in excess of one hundred dollars; provided that in no case 51 shall such reduction exceed fifty per centum of such spouse's share of 52 the survivors insurance benefits under the social security act.A. 6164 22 1 2. If there be a surviving spouse and a surviving child or children of 2 the deceased under the age of eighteen years or a surviving child or 3 children of any age dependent blind or physically disabled, and the 4 death occurs on or after July first, nineteen hundred forty-eight, and 5 prior to January first, nineteen hundred seventy-eight, to such spouse 6 thirty per centum of the average wages of the deceased [during widowhood7or widowerhood with two years' compensation in one sum, upon remar-8riage]; and the additional amount of twenty per centum of such wages for 9 each such child until the age of eighteen years or until the removal of 10 the dependency of the blind or physically disabled child or children; in 11 case of the subsequent death [or remarriage] of such surviving spouse 12 any surviving child of the deceased employee, at the time under eighteen 13 years of age or dependent through mental or physical infirmity, shall 14 have his or her compensation increased to thirty per centum of such 15 wages, and the same shall be payable until he shall reach the age of 16 eighteen years or until such dependent blind or physically disabled 17 condition shall have been removed; provided that the total amount paya- 18 ble shall in no case exceed sixty-six and two-thirds per centum of such 19 wages. Upon statutory termination of compensation payments to all such 20 children, the compensation of the surviving spouse shall be increased to 21 forty per centum of such wages [with two years' compensation, at such22rate, in one sum, upon remarriage]. 23 If there be a surviving wife (or dependent husband) and any of the 24 aforementioned surviving children, and the death occurred prior to July 25 first, nineteen hundred forty-eight, to such wife (or dependent husband) 26 thirty per centum of the average wages of the deceased [during widowhood27(or dependent widowerhood) with two years' compensation in one sum, upon28remarriage]; and the additional amount of ten per centum of such wages 29 for each such child until eighteen years of age or until the removal of 30 the dependency of the blind or physically disabled child or children; in 31 case of the subsequent death [or remarriage] of such surviving wife (or 32 dependent husband) any surviving child of the deceased shall have his or 33 her compensation increased to fifteen per centum of such wages until he 34 shall reach the age of eighteen years or until such dependent blind or 35 physically disabled condition shall have been removed; provided that the 36 total amount payable shall in no case exceed sixty-six and two-thirds 37 per centum of such wages. 38 The board may in its discretion require the appointment of a guardian 39 for the purpose of receiving the compensation of a minor child or a 40 dependent blind or physically disabled child. In the absence of such a 41 requirement by the board the appointment of a guardian for such purposes 42 shall not be necessary. 43 2-a. If there be a surviving spouse and a surviving child under the 44 age of eighteen years or under the age of twenty-three years if enrolled 45 and attending as a full time student in an accredited educational insti- 46 tution and such enrollment and full time attendance is certified by such 47 institution or a surviving child of any age dependent blind or phys- 48 ically disabled and the death occurs on or after January first, nineteen 49 hundred seventy-eight, to such spouse thirty-six and two-thirds per 50 centum of the average wages of the deceased [during widowhood or widow-51erhood with two years' compensation in one sum, upon remarriage]; and 52 thirty per centum of such wages to such child under the age of eighteen 53 years or under the age of twenty-three years if enrolled and attending 54 as a full time student in an accredited educational institution and such 55 enrollment and full time attendance is certified by such institution or 56 a surviving child of any age dependent blind or physically disabled; inA. 6164 23 1 the case of the subsequent death of such surviving spouse the surviving 2 child shall have his or her compensation increased to sixty-six and 3 two-thirds per centum of such wages and the same shall be payable so 4 long as he or she is under the age of eighteen years or under the age of 5 twenty-three years if enrolled and attending as a full time student in 6 an accredited educational institution and such enrollment and full time 7 attendance is certified by such institution or a surviving child of any 8 age dependent blind or physically disabled; upon statutory termination 9 of compensation payable to such child, the compensation of the surviving 10 spouse shall be increased to sixty-six and two-thirds per centum of such 11 wages [with two years' compensation, at such rate, in one sum, upon12remarriage. Upon remarriage of such surviving spouse, the surviving13child shall continue to receive thirty per centum of such wages]. Where 14 the death occurs on or after January first, nineteen hundred seventy- 15 eight and the spouse is receiving survivors insurance benefits under the 16 social security act, the death benefit payable under this section shall 17 be reduced by five per centum of the spouse's share of the survivors 18 insurance benefits under the social security act for each ten dollars of 19 deceased's average weekly wage in excess of one hundred dollars provided 20 that in no case shall such reduction exceed fifty per centum of said 21 spouse's share of the survivors insurance benefits under the social 22 security act as set forth in table No. I below. 23 TABLE No. I 24 Offset provisions applicable in death benefits 25 where there is a surviving spouse and one child 26 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 27 SHARE OF SURVIVORS 28 INSURANCE BENEFITS 29 over $100 up to and including $110 ................................... 5 30 over $110 up to and including $120 .................................. 10 31 over $120 up to and including $130 .................................. 15 32 over $130 up to and including $140 .................................. 20 33 over $140 up to and including $150 .................................. 25 34 over $150 up to and including $160 .................................. 30 35 over $160 up to and including $170 .................................. 35 36 over $170 up to and including $180 .................................. 40 37 over $180 up to and including $190 .................................. 45 38 over $190 up to and including $200 .................................. 50 39 over $200 ........................................................... 50 40 If there be a surviving spouse and two or more surviving children 41 under the age of eighteen years or under the age of twenty-three years 42 if enrolled and attending as a full time student in an accredited educa- 43 tional institution and such enrollment and full time attendance is 44 certified by such institution or a surviving child or children of any 45 age dependent blind or physically disabled and a death occurs on or 46 after January first, nineteen hundred seventy-eight, to such spouse 47 thirty-six and two-thirds per centum of the average wage of the deceased 48 [during widowhood or widowerhood with two years' compensation in one sum49upon remarriage]; and thirty per centum of such wages to such children 50 under the age of eighteen years or under the age of twenty-three years 51 if enrolled and attending as a full time student in an accredited educa- 52 tional institution and such enrollment and full time attendance is 53 certified by such institution or a surviving child or children of anyA. 6164 24 1 age dependent blind or physically disabled, share and share alike; in 2 case of the subsequent death of such surviving spouse the surviving 3 children shall have their compensation increased to sixty-six and two- 4 thirds per centum of such wages and the aggregate sum shall be payable, 5 share and share alike, so long as they are under the age of eighteen 6 years or under the age of twenty-three years if enrolled and attending 7 as a full time student in an accredited educational institution and such 8 enrollment and full time attendance is certified by such institution or 9 a surviving child or children of any age dependent blind or physically 10 disabled. [Upon remarriage of such surviving spouse, if there be two11surviving children each shall receive twenty-five per centum of such12wages, and if there are surviving more than two children under the age13of eighteen years or under the age of twenty-three if enrolled and14attending as a full time student in an accredited educational institu-15tion and such enrollment and full time attendance is certified by such16institution or a surviving child or children of any age dependent blind17or physically disabled sixty-six and two-thirds per centum of such wages18share and share alike.] Upon statutory termination of compensation paya- 19 ble to such children, the compensation of the surviving spouse shall be 20 increased to sixty-six and two-thirds per centum of such wages [with two21years' compensation, at such rate, in one sum, upon remarriage]. Where 22 the death occurs on or after January first, nineteen hundred seventy- 23 eight, and the spouse is receiving survivors insurance benefits under 24 the social security act, the death benefits payable under this section 25 shall be reduced by five per centum of the spouse's share of the survi- 26 vors insurance benefits under the social security act for each ten 27 dollars of deceased's average weekly wage in excess of one hundred fifty 28 dollars provided that in no case shall such reduction exceed fifty per 29 centum of said spouse's share of the survivors insurance benefits under 30 the social security act as set forth in table No. II below. 31 TABLE No. II 32 Offset provisions applicable in death benefits 33 where there is a surviving spouse and two or more children 34 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S 35 SHARE OF SURVIVORS 36 INSURANCE BENEFITS 37 over $150 up to and including $160 ................................... 5 38 over $160 up to and including $170 .................................. 10 39 over $170 up to and including $180 .................................. 15 40 over $180 up to and including $190 .................................. 20 41 over $190 up to and including $200 .................................. 25 42 over $200 up to and including $210 .................................. 30 43 over $210 up to and including $220 .................................. 35 44 over $220 up to and including $230 .................................. 40 45 over $230 up to and including $240 .................................. 45 46 over $240 up to and including $250 .................................. 50 47 over $250 ........................................................... 50 48 2-b. If there be a surviving spouse of an employee of a private volun- 49 tary hospital killed in a World Trade Center rescue, who passed a phys- 50 ical examination upon employment as a rescue worker that failed to 51 reveal evidence of a condition that was the proximate cause of death, 52 and a surviving child under the age of eighteen years, or under the age 53 of twenty-three years if enrolled and attending as a full-time studentA. 6164 25 1 in an accredited educational institution and such enrollment and full- 2 time attendance is certified by such institution, or a surviving child 3 of any age dependent blind or physically disabled, to such spouse forty 4 per centum of the average wages of the deceased [during widowhood or5widowerhood, with two years' compensation in one sum, upon remarriage]; 6 and thirty-five per centum of such wages to such child under the age of 7 eighteen years, or under the age of twenty-three years if enrolled and 8 attending as a full-time student in an accredited educational institu- 9 tion and such enrollment and full-time attendance is certified by such 10 institution, or a surviving child of any age dependent blind or phys- 11 ically disabled; in the case of the subsequent death of such surviving 12 spouse the surviving child shall have his or her compensation increased 13 to seventy-five per centum of such wages and the same shall be payable 14 so long as he or she is under the age of eighteen years, or under the 15 age of twenty-three years if enrolled and attending as a full-time 16 student in an accredited educational institution and such enrollment and 17 full-time attendance is certified by such institution, or a surviving 18 child of any age dependent blind or physically disabled; upon statutory 19 termination of compensation payable to such child, the compensation of 20 the surviving spouse shall be increased to seventy-five per centum of 21 such wages [with two years' compensation, at such rate, in one sum, upon22remarriage. Upon remarriage of such surviving spouse, the surviving23child shall continue to receive thirty-five per centum of such wages]. 24 Where such death occurs, and the spouse is receiving survivors insurance 25 benefits under the social security act, the death benefit payable under 26 this section shall be reduced by five per centum of the spouse's share 27 of the survivors insurance benefits under the social security act for 28 each ten dollars of deceased's average weekly wage in excess of one 29 hundred dollars; provided that in no case shall such reduction exceed 30 fifty per centum of such spouse's share of the survivors insurance bene- 31 fits under the social security act as set forth in table No. I in subdi- 32 vision one-c of this section. If there be a surviving spouse of an 33 employee of a private voluntary hospital killed in a World Trade Center 34 rescue, who passed a physical examination upon employment as a rescue 35 worker that failed to reveal evidence of a condition that was the proxi- 36 mate cause of death, and two or more surviving children under the age of 37 eighteen years, or under the age of twenty-three years if enrolled and 38 attending as a full-time student in an accredited educational institu- 39 tion and such enrollment and full-time attendance is certified by such 40 institution, or a surviving child or children of any age dependent blind 41 or physically disabled and a death occurs on or after September elev- 42 enth, two thousand one, to such spouse forty per centum of the average 43 wage of the deceased [during widowhood or widowerhood with two years'44compensation in one sum upon remarriage]; and thirty-five per centum of 45 such wages to such children under the age of eighteen years, or under 46 the age of twenty-three years if enrolled and attending as a full-time 47 student in an accredited educational institution and such enrollment and 48 full-time attendance is certified by such institution, or a surviving 49 child or children of any age dependent blind or physically disabled, 50 share and share alike; in case of the subsequent death of such surviving 51 spouse the surviving children shall have their compensation increased to 52 seventy-five per centum of such wages and the aggregate sum shall be 53 payable, share and share alike, so long as they are under the age of 54 eighteen years, or under the age of twenty-three years if enrolled and 55 attending as a full-time student in an accredited educational institu- 56 tion and such enrollment and full-time attendance is certified by suchA. 6164 26 1 institution, or a surviving child or children of any age dependent blind 2 or physically disabled. [Upon remarriage of such surviving spouse, if3there be two surviving children each shall receive thirty-seven and4one-half per centum of such wages, and if there are surviving more than5two children under the age of eighteen years, or under the age of twen-6ty-three if enrolled and attending as a full-time student in an accred-7ited educational institution and such enrollment and full-time attend-8ance is certified by such institution, or a surviving child or children9of any age dependant blind or physically disabled, seventy-five per10centum of such wages share and share alike.] Upon statutory termination 11 of compensation payable to such children, the compensation of the 12 surviving spouse shall be increased to seventy-five per centum of such 13 wages [with two years' compensation, at such rate, in one sum, upon14remarriage]. Where the death occurs on or after September eleventh, two 15 thousand one, and the spouse is receiving survivors insurance benefits 16 under the social security act, the death benefits payable under this 17 section shall be reduced by five per centum of the spouse's share of the 18 survivors 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 in subdivision 23 two-a of this section. 24 § 18. Section 16 of the workers' compensation law is amended by adding 25 a new subdivision 8 to read as follows: 26 8. (a) Notwithstanding any other provision of law, in addition to any 27 other amount received pursuant to this article as death benefits, a 28 dependent of a deceased employee shall be entitled to an additional 29 allowance, to be known as a cost-of-living adjustment allowance, payable 30 annually. 31 (b) The cost-of-living adjustment allowance shall be computed by 32 applying an adjustment for regional costs of living in the region where 33 the deceased employee lived at the time of death or initial disability, 34 whichever was earlier, and shall be based on two-thirds of the annual 35 increase in the consumer price index for all urban consumers (CPI-U) as 36 promulgated by the United States department of labor. 37 (c) This subdivision shall not be deemed or construed to diminish the 38 right of any beneficiary to any benefits to which such beneficiary would 39 otherwise be entitled pursuant to law. 40 § 19. Section 17 of the workers' compensation law, as amended by chap- 41 ter 538 of the laws of 1985, is amended to read as follows: 42 § 17. Aliens. Compensation under this chapter to aliens not residents 43 or about to become nonresidents of the United States or Canada and their 44 surviving dependents, shall be the same in amount as provided for resi- 45 dents[, except that dependents in any foreign country shall be limited46to surviving spouse and child or children, or, if there is no surviving47spouse or child or children, to surviving father or mother whom the48employee has supported, either wholly or in part, for the period of one49year prior to the date of the accident]. 50 § 20. Section 21 of the workers' compensation law, subdivision 5 as 51 amended by chapter 268 of the laws of 1946, is amended to read as 52 follows: 53 § 21. Presumptions. In any proceeding for the enforcement of a claim 54 for compensation under this chapter, it shall be presumed in the absence 55 of substantial evidence to the contrary: 56 1. That the claim comes within the provision of this chapter[;].A. 6164 27 1 2. That sufficient notice thereof was given[;]. 2 3. That the injury was not occasioned by the willful intention of the 3 injured employee to bring about the injury or death of himself or of 4 another[;]. 5 4. That the injury did not result solely from the intoxication of the 6 injured employee while on duty. 7 5. That the contents of medical and surgical reports introduced in 8 evidence by claimants for compensation shall constitute prima facie 9 evidence of fact as to the matter contained therein. 10 6. That an injured worker whose employer has not offered her or him 11 reemployment has not voluntarily withdrawn from the labor market. 12 § 21. Section 23 of the workers' compensation law, as amended by 13 section 3 of subpart A of part NNN of chapter 59 of the laws of 2017, is 14 amended to read as follows: 15 § 23. Appeals. An award or decision of the board shall be final and 16 conclusive upon all questions within its jurisdiction, as against the 17 state fund or between the parties, unless reversed or modified on appeal 18 therefrom as hereinafter provided. Any party may within thirty days 19 after notice of the filing of an award or decision of a referee, file 20 with the board an application in writing for a modification or rescis- 21 sion or review of such award or decision, as provided in this chapter. 22 The board shall render its decision upon such application in writing and 23 shall include in such decision a statement of the facts which formed the 24 basis of its action on the issues raised before it on such application. 25 Within thirty days after notice of the decision of the board upon such 26 application has been served upon the parties, or within thirty days 27 after notice of an administrative redetermination review decision by the 28 chair pursuant to subdivision five of section fifty-two, section one 29 hundred thirty-one or section one hundred forty-one-a of this chapter 30 has been served upon any party in interest, an appeal may be taken ther- 31 efrom to the appellate division of the supreme court, third department, 32 by any party in interest, including an employer insured in the state 33 fund; provided, however, that any party in interest may within thirty 34 days after notice of the filing of the board panel's decision with the 35 secretary of the board, make application in writing for review thereof 36 by the full board. If the decision or determination was that of a panel 37 of the board and there was a dissent from such decision or determination 38 other than a dissent the sole basis of which is to refer the case to an 39 impartial specialist, or if there was a decision or determination by the 40 panel which reduced the loss of wage earning capacity finding made by a 41 compensation claims referee pursuant to subparagraph w of subdivision 42 three of section fifteen of this article from a percentage at or above 43 the percentage set forth in subdivision three of section thirty-five of 44 this article whereby a claimant would be eligible to apply for an 45 extreme hardship redetermination to a percentage below the threshold, 46 the full board shall review and affirm, modify or rescind such decision 47 or determination in the same manner as herein above provided for an 48 award or decision of a referee. If the decision or determination was 49 that of a unanimous panel of the board, or there was a dissent from such 50 decision or determination the sole basis of which is to refer the case 51 to an impartial specialist, the board may in its sole discretion review 52 and affirm, modify or rescind such decision or determination in the same 53 manner as herein above provided for an award or decision of a referee. 54 Failure to apply for review by the full board shall not bar any party in 55 interest from taking an appeal directly to the court as above provided. 56 The board may also, in its discretion certify to such appellate divisionA. 6164 28 1 of the supreme court, questions of law involved in its decision. Such 2 appeals and the question so certified shall be heard in a summary manner 3 and shall have precedence over all other civil cases in such court. The 4 board shall be deemed a party to every such appeal from its decision 5 upon such application, and the chair shall be deemed a party to every 6 such appeal from an administrative redetermination review decision 7 pursuant to subdivision five of section fifty-two of this chapter. The 8 attorney general shall represent the board and the chair thereon. An 9 appeal may also be taken to the court of appeals in the same manner and 10 subject to the same limitations not inconsistent herewith as is now 11 provided in the civil practice law and rules. It shall not be necessary 12 to file exceptions to the rulings of the board. An appeal to the appel- 13 late division of the supreme court, third department, or to the court of 14 appeals, shall not operate as a stay of the payment of compensation 15 required by the terms of the award or of the payment of the cost of such 16 medical, dental, surgical, optometric or other attendance, treatment, 17 devices, apparatus or other necessary items the employer is required to 18 provide pursuant to section thirteen of this article which are found to 19 be fair and reasonable. Where such award is modified or rescinded upon 20 appeal, the appellant shall be entitled to reimbursement in a sum equal 21 to the compensation in dispute paid to the respondent in addition to a 22 sum equal to the cost of such medical, dental, surgical, optometric or 23 other attendance, treatment, devices, apparatus or other necessary items 24 the employer is required to provide pursuant to section thirteen of this 25 article paid by the appellant pending adjudication of the appeal. Such 26 reimbursement shall be paid from administration expenses as provided in 27 section one hundred fifty-one of this chapter upon audit and warrant of 28 the comptroller upon vouchers approved by the chair. Where such award is 29 subject to the provisions of section twenty-seven of this article, the 30 appellant shall pay directly to the claimant all compensation as it 31 becomes due during the pendency of the appeal, and upon affirmance shall 32 be entitled to credit for such payments. Neither the chair, the board, 33 the commissioners of the state insurance fund nor the claimant shall be 34 required to file a bond upon an appeal to the court of appeals. Upon 35 final determination of such an appeal, the board or chair, as the case 36 may be, shall enter an order in accordance therewith. Whenever a notice 37 of appeal is served or an application made to the board by the employer 38 or insurance carrier for a modification or rescission or review of an 39 award or decision, and the board shall find that such notice of appeal 40 was served or such application was made for the purpose of delay or upon 41 frivolous grounds, the board shall impose a penalty in the amount of 42 five hundred dollars upon the employer or insurance carrier, which 43 penalty shall be added to the compensation and paid to the claimant. The 44 penalties provided herein shall be collected in like manner as compen- 45 sation. A party against whom an award of compensation shall be made may 46 appeal from a part of such award. In such a case the payment of such 47 part of the award as is not appealed from shall not prejudice any rights 48 of such party on appeal, nor be taken as an admission against such 49 party. Any appeal by an employer from an administrative redetermination 50 review decision pursuant to subdivision five of section fifty-two of 51 this chapter shall in no way serve to relieve the employer from the 52 obligation to timely pay compensation and benefits otherwise payable in 53 accordance with the provisions of this chapter. 54 Applications or petitions to the board for review, modification, 55 rescission, rehearing or review by the full board must be decided within 56 thirty days of the petition or application or within thirty days ofA. 6164 29 1 completion of motion practice on the petition or application, whichever 2 is later. 3 Nothing contained in this section shall be construed to inhibit the 4 continuing jurisdiction of the board as provided in section one hundred 5 twenty-three of this chapter. 6 § 22. Section 77 of the workers' compensation law, as amended by chap- 7 ter 6 of the laws of 2007, is amended to read as follows: 8 § 77. Administration. The state insurance fund shall be administered 9 by the commissioners of the state insurance fund, of whom there shall be 10 [ten] eight. The commissioner of labor and the chief executive officers 11 of the New York State American Federation of Labor-Congress of Indus- 12 trial Organizations and the Business Council of the State of New York 13 shall, in addition, be [a commissioner] commissioners of such fund by 14 virtue of [his or her office] their offices. The commissioners shall 15 elect annually from the appointive members a chair and a vice-chair who 16 shall act as chair in the absence of the chair. The commissioner of 17 labor may designate a deputy commissioner and the chief executive offi- 18 cers of the New York State American Federation of Labor-Congress of 19 Industrial Organizations and the Business Council of the State of New 20 York may each designate a representative to [act in his or her] execute 21 their duties as commissioners of such fund in their place and stead [as22a commissioner of such fund]. The remaining commissioners shall be 23 appointed by the governor, by and with the advice and consent of the 24 senate. [One commissioner shall be appointed by the governor upon recom-25mendation by the New York State American Federation of Labor-Congress of26Industrial Organizations, and one commissioner shall be appointed by the27governor upon recommendation of the Business Council of the State of New28York.] They shall be policyholders insured in the state insurance fund. 29 The commissioners shall be appointed for terms of three years each. They 30 shall serve until their successors are appointed and have qualified. 31 Vacancies shall be filled for the unexpired terms. Each commissioner 32 shall before entering upon his or her duties, take and subscribe the 33 constitutional oath of office which shall be filed in the office of the 34 secretary of state. 35 § 23. Section 114 of the workers' compensation law, as added by chap- 36 ter 635 of the laws of 1996, subdivision 4 as amended and subdivision 5 37 as added by chapter 6 of the laws of 2007, is amended to read as 38 follows: 39 § 114. Penalties for fraudulent practices. 1. Any person who, knowing- 40 ly and with intent to defraud presents, causes to be presented, or 41 prepares with knowledge or belief that it will be presented to or by an 42 insurer or purported insurer, or any agent thereof, any written state- 43 ment as part of, or in support of, an application for the issuance of or 44 the rating of an insurance policy for compensation insurance[, or a45claim for payment or other benefit pursuant to a compensation policy] 46 which he or she knows to: (i) contain a false statement or represen- 47 tation concerning any fact material thereto; or (ii) omits any fact 48 material thereto, shall be guilty of a class E felony. Upon conviction, 49 the court in addition to any other authorized sentence, may order 50 forfeiture of [all rights to compensation or payments of any benefit] 51 any property, including real property, buildings and appurtenances that 52 constitute the instrumentality of the entity on whose behalf the appli- 53 cation was made, and may also require restitution of any amount received 54 as a result of a violation of this subdivision. 55 1-a. Any person who, knowingly and with intent to defraud presents, 56 causes to be presented, or prepares with knowledge or belief that itA. 6164 30 1 will be presented to or by an insurer or purported insurer, or any agent 2 thereof, any written statement as part of, or in support of, a claim for 3 payment or other benefit pursuant to a compensation policy which he or 4 she knows to: (i) contain a false statement or representation concerning 5 any fact material thereto; or (ii) omits any fact material thereto, 6 shall be guilty of a class E felony. Upon conviction, the court in addi- 7 tion to any other authorized sentence, may order forfeiture of all 8 rights to compensation or payments of any benefit, and may also require 9 restitution of any amount received as a result of a violation of this 10 subdivision. 11 2. An employer or carrier, or any employee, agent, or person acting on 12 behalf of an employer or carrier, who knowingly makes a false statement 13 or representation as to a material fact in the course of reporting, 14 investigation of, or adjusting a claim for any benefit or payment under 15 this chapter for the purpose of avoiding provision of such payment or 16 benefit shall be guilty of a class E felony. Upon conviction, the court 17 in addition to any other authorized sentence, may order forfeiture of 18 any property, including real property, buildings and appurtenances that 19 constitute the instrumentality of the employer or carrier and may also 20 require restitution of any amount received as a result of a violation of 21 this subdivision. 22 3. A person who knowingly makes a false statement or representation as 23 to a material fact for the purpose of obtaining, maintaining or renewing 24 insurance under this chapter, whether for himself or herself or for any 25 other person or entity or for the purpose of evading the requirements of 26 section fifty of this chapter shall be guilty of a class E felony. Upon 27 conviction, the court in addition to any other authorized sentence, may 28 order forfeiture of any property, including real property, buildings and 29 appurtenances that constitute the instrumentality of the entity on whose 30 behalf the application was made. In addition to any other remedy, the 31 carrier providing insurance shall be entitled to restitution of any 32 amount obtained or withheld as a result of a violation of this subdivi- 33 sion. 34 4. Consistent with the provisions of the criminal procedure law, in 35 any prosecution alleging a violation of subdivision one, two or three of 36 this section, or sections fifty-two and one hundred thirty-one of this 37 chapter, in which the act or acts alleged may also constitute a 38 violation of the penal or other law, the prosecuting official may charge 39 a person pursuant to the provisions of this section and in the same 40 accusatory instrument with a violation of such other law. 41 5. A person (a) who is convicted of a second or subsequent offense 42 under this section within ten years of the prior conviction, or (b) who 43 violates any provision of this section concerning two or more claimants, 44 shall be guilty of a class [D] B felony. 45 § 24. Section 122 of the workers' compensation law, as amended by 46 chapter 113 of the laws of 1946, is amended to read as follows: 47 § 122. Transcripts. A copy of the testimony, evidence and procedure of 48 any investigation, or a particular part thereof, recorded and tran- 49 scribed by a stenographer in the employ of the board and certified by 50 such stenographer to be true and correct may be received in evidence 51 with the same effect as if such stenographer were present and testifying 52 to the facts so certified. A copy of such transcript shall be furnished 53 to any party upon payment of the fee for transcripts of similar minutes 54 in the supreme court. 55 § 25. Section 140 of the workers' compensation law, as amended by 56 chapter 57 of the laws of 1951, is amended to read as follows:A. 6164 31 1 § 140. [Workmen's] Workers' compensation board. The [workmen's] work- 2 ers' compensation board in the department of labor is hereby continued. 3 Such board shall consist of thirteen members, at least four of whom 4 shall be attorneys and counsellors-at-law duly admitted to practice in 5 this state. The members of the board shall be appointed by the governor, 6 by and with the advice and consent of the senate. Three members shall 7 be appointed by the governor upon recommendation of the speaker of the 8 assembly; three members shall be appointed by the governor upon recom- 9 mendation of the temporary president of the senate; two members shall be 10 appointed by the governor upon recommendation of the New York State 11 American Federation of Labor-Congress of Industrial Organizations; and 12 two members shall be appointed by the governor upon recommendation of 13 the Business Council of the state of New York. The members of the board 14 in office, together with the additional members and the members 15 appointed to fill vacancies, if any, at the time this section takes 16 effect, shall continue, notwithstanding the appointment of any of the 17 members for a term expiring on a different date, to hold office for 18 terms to be assigned by the governor by and with the advice and consent 19 of the senate; two such terms to expire on December thirty-first, nine- 20 teen hundred fifty; two to expire on December thirty-first, nineteen 21 hundred fifty-one; two to expire on December thirty-first, nineteen 22 hundred fifty-two; two to expire on December thirty-first, nineteen 23 hundred fifty-three; two to expire on December thirty-first, nineteen 24 hundred fifty-four; two to expire on December thirty-first, nineteen 25 hundred fifty-five; and one to expire on December thirty-first, nineteen 26 hundred fifty-six. The members next appointed, except to fill a vacancy 27 created otherwise than by expiration of term, shall be appointed for 28 terms of seven years. The governor shall designate one of the members of 29 the board as chairman and another as vice-chairman. 30 § 26. Subdivision 1 of section 169 of the executive law, as amended by 31 section 9 of part A of chapter 60 of the laws of 2012, is amended to 32 read as follows: 33 1. Salaries of certain state officers holding the positions indicated 34 hereinbelow shall be as set forth in subdivision two of this section: 35 (a) commissioner of corrections and community supervision, commission- 36 er of education, commissioner of health, commissioner of mental health, 37 commissioner of developmental disabilities, commissioner of children and 38 family services, commissioner of temporary and disability assistance, 39 chancellor of the state university of New York, commissioner of trans- 40 portation, commissioner of environmental conservation, superintendent of 41 state police, commissioner of general services, commissioner of the 42 division of homeland security and emergency services [and], the execu- 43 tive director of the state gaming commission, and the chair of the work- 44 ers' compensation board; 45 (b) commissioner of labor, chairman of public service commission, 46 commissioner of taxation and finance, superintendent of financial 47 services, commissioner of criminal justice services, [and] commissioner 48 of parks, recreation and historic preservation, and the vice-chair of 49 the workers' compensation board; 50 (c) commissioner of agriculture and markets, commissioner of alcohol- 51 ism and substance abuse services, adjutant general, commissioner and 52 president of state civil service commission, commissioner of economic 53 development, chair of the energy research and development authority, 54 president of higher education services corporation, commissioner of 55 motor vehicles, member-chair of board of parole, chair of public employ- 56 ment relations board, secretary of state, commissioner of alcoholism andA. 6164 32 1 substance abuse services, executive director of the housing finance 2 agency, commissioner of housing and community renewal, executive direc- 3 tor of state insurance fund, commissioner-chair of state liquor authori- 4 ty, [chair] and members of the workers' compensation board; 5 (d) director of office for the aging, commissioner of human rights, 6 commissioners of the department of public service, chairman of state 7 commission on quality of care for the mentally disabled, chairman of 8 commission on alcoholism and substance abuse prevention and education, 9 executive director of the council on the arts and executive director of 10 the board of social welfare; 11 (e) chairman of state athletic commission, director of the office of 12 victim services, chairman of human rights appeal board, chairman of the 13 industrial board of appeals, chairman of the state commission of 14 correction, members of the board of parole, member-chairman of unemploy- 15 ment insurance appeal board, and director of veterans' affairs[, and16vice-chairman of the workers' compensation board]; 17 (f) executive director of adirondack park agency, members of state 18 commission of correction, and members of unemployment insurance appeal 19 board[, and members of the workers' compensation board]. 20 § 27. Paragraph 1 of subsection (t) of section 2313 of the insurance 21 law, as amended by chapter 237 of the laws of 2012, is amended to read 22 as follows: 23 (1) The governing body of a workers' compensation rate service organ- 24 ization shall be comprised of nine voting members. Four members shall 25 represent insurers authorized to write workers' compensation insurance 26 in this state, and shall be selected in such manner as is determined by 27 the members of the rate service organization. One member of the govern- 28 ing body shall be a representative of the state insurance fund. Each of 29 the remaining four members of the governing body shall serve for a term 30 of two years and until his or her successor shall have been appointed 31 and approved, provided that the appointing entity appoints a successor 32 member within one hundred twenty days of the expiration of the term of 33 office, and shall not be employed by, or serve as an officer or director 34 of, an insurer authorized to write workers' compensation insurance in 35 this state, or any parent, subsidiary, or affiliate thereof, except the 36 state insurance fund. One such member of the governing body shall be 37 appointed by the superintendent. The other three such members shall be 38 appointed subject to the approval of the superintendent by, and shall 39 serve as representatives of, the following: (A) the workers' compen- 40 sation board; (B) the Business Council of New York State, Inc.; and (C) 41 the American Federation of Labor - Congress of Industrial Organizations 42 of New York State. Any vacancy on the governing body shall be filled in 43 the same manner as the initial appointment. The governing body shall 44 select a chief executive officer who shall serve at the pleasure of the 45 governing body and whose terms and conditions of employment shall be 46 approved by the governing body. No restriction in this subsection shall 47 apply if compliance is prevented by the failure of any appointing 48 authority to make an appointment, or of the superintendent to approve 49 such appointment. 50 § 28. Section 71 of the civil service law, as amended by chapter 577 51 of the laws of 2003, is amended to read as follows: 52 § 71. Reinstatement after separation for disability. Where an employee 53 has been separated from the service by reason of a disability resulting 54 from occupational injury or disease as defined in the [workmen's] work- 55 ers' compensation law, he or she shall be entitled to a leave of absence 56 for at least one year, unless his or her disability is of such a natureA. 6164 33 1 as to permanently incapacitate him or her for the performance of the 2 duties of his or her position. Notwithstanding the foregoing, where an 3 employee has been separated from the service by reason of a disability 4 resulting from an assault sustained in the course of his or her employ- 5 ment, he or she shall be entitled to a leave of absence for at least two 6 years, unless his or her disability is of such a nature as to permanent- 7 ly incapacitate him or her for the performance of the duties of his or 8 her position. Notwithstanding the foregoing, where an employee is absent 9 by reason of a disability resulting from occupational injury or disease 10 as defined in the workers' compensation law and that employee has not 11 yet received care directed by his or her treating provider as a result 12 of the employer or carrier's dispute, that employee is entitled to an 13 indefinite leave of absence, unless his or her disability is of such a 14 nature as to permanently incapacitate him or her for the performance of 15 the duties of his or her position. Such employee may, within one year 16 after the termination of such disability, make application to the civil 17 service department or municipal commission having jurisdiction over the 18 position last held by such employee for a medical examination to be 19 conducted by a medical officer selected for that purpose by such depart- 20 ment or commission. If, upon such medical examination, such medical 21 officer shall certify that such person is physically and mentally fit to 22 perform the duties of his or her former position, he or she shall be 23 reinstated to his or her former position, if vacant, or to a vacancy in 24 a similar position or a position in a lower grade in the same occupa- 25 tional field, or to a vacant position for which he or she was eligible 26 for transfer. If no appropriate vacancy shall exist to which rein- 27 statement may be made, or if the work load does not warrant the filling 28 of such vacancy, the name of such person shall be placed upon a 29 preferred list for his or her former position, and he or she shall be 30 eligible for reinstatement from such preferred list for a period of four 31 years. In the event that such person is reinstated to a position in a 32 grade lower than that of his or her former position, his or her name 33 shall be placed on the preferred eligible list for his or her former 34 position or any similar position. This section shall not be deemed to 35 modify or supersede any other provisions of law applicable to the re-em- 36 ployment of persons retired from the public service on account of disa- 37 bility. 38 § 29. Paragraph (b) of subdivision 1 of section 460.10 of the penal 39 law, as amended by chapter 442 of the laws of 2006, is amended to read 40 as follows: 41 (b) Any felony set forth elsewhere in the laws of this state and 42 defined by the tax law relating to alcoholic beverage, cigarette, gaso- 43 line and similar motor fuel taxes; article seventy-one of the environ- 44 mental conservation law relating to water pollution, hazardous waste or 45 substances hazardous or acutely hazardous to public health or safety of 46 the environment; article twenty-three-A of the general business law 47 relating to prohibited acts concerning stocks, bonds and other securi- 48 ties, article twenty-two of the general business law concerning monopo- 49 lies, article seven of the workers' compensation law concerning fraud. 50 § 30. This act shall take effect on the ninetieth day after it shall 51 have become a law; provided, however that the amendments to paragraph 1 52 of subsection (t) of section 2313 of the insurance law made by section 53 twenty-seven of this act shall not affect the repeal of such subsection 54 and shall be deemed repealed therewith.
