Bill Text: NY A10300 | 2019-2020 | General Assembly | Amended
Bill Title: Increases benefits for volunteer firefighters and volunteer ambulance workers.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-06-24 - print number 10300a [A10300 Detail]
Download: New_York-2019-A10300-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10300--A IN ASSEMBLY April 15, 2020 ___________ Introduced by M. of A. McMAHON -- read once and referred to the Commit- tee on Local Governments -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing the amount of certain benefits The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 8 of the volunteer firefighters' benefit law, as 2 amended by chapter 401 of the laws of 2016, is amended to read as 3 follows: 4 § 8. Permanent total disability benefits. In the case of total disa- 5 bility adjudged to be permanent the volunteer firefighter shall be paid 6 [six] twelve hundred dollars for each week during the continuance there- 7 of. Permanent total disability, within the meaning of this section, 8 shall exist only if the earning capacity of the volunteer firefighter 9 has been lost permanently and totally as the result of the injury. The 10 loss of both hands, or both arms, or both feet, or both legs, or both 11 eyes, or any two thereof, shall, in the absence of conclusive proof to 12 the contrary, constitute permanent total disability, but in all other 13 cases permanent total disability shall be determined in accordance with 14 the facts. Notwithstanding any other provisions of this chapter, an 15 injured volunteer firefighter disabled due to the loss or total loss of 16 use of both eyes, or both hands, or both arms, or both feet, or both 17 legs, or any two thereof shall not suffer any diminution of such weekly 18 benefit by engaging in business or employment provided his or her weekly 19 earnings or wages, when combined with his or her weekly benefit shall 20 not be in excess of [eight] sixteen hundred dollars; and further 21 provided that the application of this section shall not result in 22 reduction of benefits which an injured volunteer firefighter who is 23 disabled due to the loss or total loss of use of both eyes, or both 24 hands, or both arms, or both feet, or both legs, or any two thereof 25 would otherwise be entitled to under any other provisions of this arti- 26 cle. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15945-03-0A. 10300--A 2 1 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 2 by chapter 924 of the laws of 1990, is amended to read as follows: 3 § 9. Temporary total disability benefits. In the case of temporary 4 total disability the volunteer firefighter shall be paid one hundred 5 twenty-five dollars for each week during the continuance thereof; 6 provided, however, that when the volunteer firefighter is injured in the 7 line of duty on or after July first, nineteen hundred seventy-eight to 8 December thirty-first, nineteen hundred seventy-eight, said firefighter 9 shall receive one hundred eighty dollars per week during the continuance 10 thereof; and further provided, that when the volunteer firefighter is 11 injured in the line of duty on or after January first, nineteen hundred 12 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 13 firefighter shall receive two hundred fifteen dollars per week during 14 the continuance thereof; and further provided, that when the volunteer 15 firefighter is injured in the line of duty on or after July first, nine- 16 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 17 four, said firefighter shall receive two hundred fifty-five dollars per 18 week during the continuance thereof; and further provided, that when the 19 volunteer firefighter is injured in the line of duty on or after July 20 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 21 eighty-five, said firefighter shall receive two hundred seventy-five 22 dollars per week during the continuance thereof; and further provided, 23 that when the volunteer firefighter is injured in the line of duty on or 24 after July first, nineteen hundred eighty-five to June thirtieth, nine- 25 teen hundred ninety, said firefighter shall receive three hundred 26 dollars per week during the continuance thereof; and further provided, 27 that when the volunteer firefighter is injured in the line of duty on or 28 after July first, nineteen hundred ninety to June thirtieth, nineteen 29 hundred ninety-one, said firefighter shall receive three hundred forty 30 dollars per week during the continuance thereof; and further provided, 31 that when a volunteer firefighter is injured in the line of duty on or 32 after July first, nineteen hundred ninety-one to June thirtieth, nine- 33 teen hundred ninety-two, said firefighter shall receive three hundred 34 fifty dollars per week during the continuance thereof; and further 35 provided, that when a volunteer firefighter is injured in the line of 36 duty on or after July first, nineteen hundred ninety-two, said fire- 37 fighter shall receive four hundred dollars per week during the contin- 38 uance thereof, provided, however, that when the volunteer firefighter 39 is injured in the line of duty on or after March first, two thou- 40 sand twenty such payment shall be eight hundred dollars for each week 41 during the continuance thereof. Temporary total disability, within the 42 meaning of this section, shall exist only if the earning capacity of the 43 volunteer firefighter has been lost temporarily and totally as the 44 result of the injury. In case of temporary total disability and perma- 45 nent partial disability both resulting from the same injury, if the 46 temporary total disability continues for a longer period than the number 47 of weeks set forth in the following schedule, the period of temporary 48 total disability in excess of such number of weeks shall be added to the 49 period provided in section ten of this article: arm, thirty-two weeks; 50 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 51 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 52 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 53 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other 54 than great toe, eight weeks. In any case resulting in loss or partial 55 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 56 where the temporary total disability does not extend beyond the periodsA. 10300--A 3 1 above mentioned for such injury, benefits shall be limited to the sched- 2 ule contained in section ten of this article. 3 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi- 4 sion 1 as amended by chapter 175 of the laws of 1962, the opening para- 5 graph of subdivision 1 as amended by chapter 21 of the laws of 1991, 6 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of 7 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of 8 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of 9 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the 10 laws of 1974, the opening subparagraph and subparagraph 4 of paragraph 11 (g) of subdivision 1 and subdivision 3 as amended by chapter 476 of the 12 laws of 2018, is amended to read as follows: 13 § 10. Permanent partial disability benefits. 1. In the case of disa- 14 bility partial in character, but permanent in quality, the volunteer 15 firefighter shall be paid ninety-five dollars for each week for the 16 period specified in this subdivision, provided, however, that when the 17 volunteer firefighter is injured in the line of duty on or after January 18 first, nineteen hundred seventy-eight to June thirtieth, nineteen 19 hundred eighty-three, such payment shall be one hundred five dollars for 20 each week, and further provided that when a volunteer firefighter is 21 injured in the line of duty on or after July first, nineteen hundred 22 eighty-three to and including June thirtieth, nineteen hundred eighty- 23 four, such payments shall be one hundred twenty-five dollars for each 24 week and provided further that when the volunteer firefighter is injured 25 in the line of duty on or after July first, nineteen hundred eighty-four 26 to and including June thirtieth, nineteen hundred eighty-five such 27 payments shall be one hundred thirty-five dollars for each week and 28 provided further that when the volunteer firefighter is injured in the 29 line of duty on or after July first, nineteen hundred eighty-five to and 30 including June thirtieth, nineteen hundred ninety such payments shall be 31 one hundred fifty dollars for each week, and provided further that when 32 the volunteer firefighter is injured in the line of duty on or after 33 July first, nineteen hundred ninety to and including June thirtieth, 34 nineteen hundred ninety-one such payments shall be two hundred eighty 35 dollars for each week, and provided further that when the volunteer 36 firefighter is injured in the line of duty on or after July first, nine- 37 teen hundred ninety-one to and including June thirtieth, nineteen 38 hundred ninety-two such payments shall be three hundred fifty dollars 39 for each week, and provided further that when the volunteer firefighter 40 is injured in the line of duty on or after July first, nineteen hundred 41 ninety-two such payments shall be four hundred dollars for each week, 42 provided, however, that when the volunteer firefighter is injured in the 43 line of duty on or after March first, two thousand twenty such payment 44 shall be eight hundred dollars for each week as follows: 45 (a) Loss of member. 46 Member lost ............................................ Number of weeks 47 Arm ................................................................ 312 48 Leg ................................................................ 288 49 Hand ............................................................... 244 50 Foot ............................................................... 205 51 Eye ................................................................ 160 52 Thumb ............................................................... 75 53 First finger ........................................................ 46 54 Great toe ........................................................... 38 55 Second finger ....................................................... 30A. 10300--A 4 1 Third finger ........................................................ 25 2 Toe other than great toe ............................................ 16 3 Fourth finger ....................................................... 15 4 If more than one phalange of a digit shall be lost, the period shall be 5 the same as for the loss of the entire digit. If only the first phalange 6 shall be lost, the period shall be one-half the period for loss of the 7 entire digit. The period for loss or loss of use of two or more digits, 8 or one or more phalanges of two or more digits, of a hand or foot, may 9 be proportioned to the period for the loss of use of the hand or foot 10 occasioned thereby, but shall not exceed the period for the loss of a 11 hand or foot. If an arm or leg shall be amputated at or above the wrist 12 or ankle, the period for such loss shall be in proportion to the period 13 for the loss of the arm or leg. In the case of loss of binocular vision 14 or of eighty per centum or more of the vision of an eye, the period 15 shall be the same as for the loss of the eye. 16 (b) Loss of hearing. In the case of the complete loss of the hearing 17 of one ear, sixty weeks; for the loss of hearing of both ears, one 18 hundred fifty weeks. 19 (c) Total loss of use. In the case of permanent total loss of use of a 20 member, the period shall be the same as for the loss of the member. 21 (d) Partial loss or partial loss of use. Except as above provided in 22 this subdivision, in the case of permanent partial loss or loss of use 23 of a member, the period shall be for the proportionate loss or loss of 24 use of the member. Compensation for permanent partial loss of use of an 25 eye shall be awarded on the basis of uncorrected loss of vision or 26 corrected loss of vision resulting from an injury whichever is the 27 greater. 28 (e) Disfigurement. In the case of serious facial or head disfigure- 29 ment, including a disfigurement continuous in length which is partly in 30 the facial area and also extends into the neck region as described in 31 this paragraph, the volunteer firefighter shall be paid in a lump sum a 32 proper and equitable amount, which shall be determined by the workers' 33 compensation board. If the earning capacity of the volunteer firefighter 34 shall have been impaired, or may in the future be impaired, by any seri- 35 ous disfigurement in the region above the sterno clavicular artic- 36 ulations anterior to and including the region of the sterno cleido 37 mastoid muscles on either side, the volunteer firefighter shall be paid 38 in a lump sum a proper and equitable amount which shall be determined by 39 such board. Two or more serious disfigurements, not continuous in 40 length, resulting from the same injury, if partially in the facial area 41 and partially in such neck region, shall be deemed to be a facial 42 disfigurement. An award, or the aggregate of the awards, to a volunteer 43 firefighter under this paragraph shall not exceed [twenty] forty thou- 44 sand dollars. 45 (f) Total or partial loss or loss of use of more than one member. In 46 any case in which there shall be a loss or loss of use of more than one 47 member or parts of more than one member set forth above in paragraphs a 48 to e, both inclusive, of this subdivision, but not amounting to perma- 49 nent total disability, the periods for loss or loss of use of each such 50 member or part thereof shall run consecutively. 51 (g) Other cases. In all other cases of permanent partial disability 52 the volunteer firefighter shall be paid for each week during the contin- 53 uance thereof, as follows: 54 1. If the percentage of loss of earning capacity is seventy-five per 55 centum, or greater, he or she shall be paid ninety-five dollars for eachA. 10300--A 5 1 week, provided, however, that when the volunteer firefighter is injured 2 in the line of duty on or after January first, nineteen hundred seven- 3 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 4 such payment shall be one hundred five dollars for each week provided, 5 however, that when the volunteer firefighter is injured in the line of 6 duty on or after July first, nineteen hundred eighty-three to and 7 including June thirtieth, nineteen hundred eighty-four, such payment 8 shall be one hundred twenty-five dollars for each week provided, howev- 9 er, that when the volunteer firefighter is injured in the line of duty 10 on or after July first, nineteen hundred eighty-four to and including 11 June thirtieth, nineteen hundred eighty-five such payment shall be one 12 hundred thirty-five dollars for each week, provided, however, that when 13 the volunteer firefighter is injured in the line of duty on or after 14 July first, nineteen hundred eighty-five to and including June thirti- 15 eth, nineteen hundred ninety such payment shall be one hundred fifty 16 dollars for each week, provided, however, that when the volunteer fire- 17 fighter is injured in the line of duty on or after July first, nineteen 18 hundred ninety to and including June thirtieth, nineteen hundred nine- 19 ty-one such payment shall be two hundred eighty dollars for each week, 20 and provided further that when the volunteer firefighter is injured in 21 the line of duty on or after July first, nineteen hundred ninety-one to 22 and including June thirtieth, nineteen hundred ninety-two such payment 23 shall be three hundred fifty dollars for each week, and provided further 24 that when the volunteer firefighter is injured in the line of duty on or 25 after July first, nineteen hundred ninety-two such payment shall be four 26 hundred dollars for each week; provided, however, that when the volun- 27 teer firefighter is injured in the line of duty on or after March first, 28 two thousand twenty such payment shall be eight hundred dollars for each 29 week; 30 2. If the percentage of loss of earning capacity is fifty per centum, 31 or greater, but less than seventy-five per centum, he or she shall be 32 paid sixty-three dollars and thirty-three cents for each week, provided, 33 however, that when the volunteer firefighter is injured in the line of 34 duty on or after January first, nineteen hundred seventy-eight to and 35 including June thirtieth, nineteen hundred eighty-three, such payment 36 shall be seventy dollars for each week, provided, however, that when the 37 volunteer firefighter is injured in the line of duty on or after July 38 first, nineteen hundred eighty-three to and including June thirtieth, 39 nineteen hundred eighty-four such payment shall be eighty-three dollars 40 and thirty-three cents for each week, provided, however, that when the 41 volunteer firefighter is injured in the line of duty on or after July 42 first, nineteen hundred eighty-four, to and including June thirtieth, 43 nineteen hundred eighty-five, such payment shall be ninety dollars for 44 each week, provided, however, that when the volunteer firefighter is 45 injured in the line of duty on or after July first, nineteen hundred 46 eighty-five to and including June thirtieth, nineteen hundred ninety 47 such payment shall be one hundred dollars for each week, provided, 48 however, that when the volunteer firefighter is injured in the line of 49 duty on or after July first, nineteen hundred ninety to and including 50 June thirtieth, nineteen hundred ninety-one such payment shall be one 51 hundred eighty-six dollars and seventy-six cents for each week, 52 provided, however, that when the volunteer firefighter is injured in the 53 line of duty on or after July first, nineteen hundred ninety-one to and 54 including June thirtieth, nineteen hundred ninety-two such payment shall 55 be two hundred thirty-four dollars and fifty cents for each week, 56 provided, however, that when the volunteer firefighter is injured in theA. 10300--A 6 1 line of duty on or after July first, nineteen hundred ninety-two such 2 payment shall be two hundred sixty-eight dollars for each week, 3 provided, however, that when the volunteer firefighter is injured in the 4 line of duty on or after March first, two thousand twenty, such payment 5 shall be five hundred thirty-six dollars for each week; 6 3. If the percentage of loss of earning capacity is twenty-five per 7 centum, or greater, but less than fifty per centum, he shall be paid 8 [thirty] sixty dollars for each week; 9 4. If the percentage of loss of earning capacity is less than twenty- 10 five per centum, he or she shall not be paid any weekly benefit. Perma- 11 nent partial disability, within the meaning of this paragraph, shall 12 exist only if the earning capacity of the volunteer firefighter has been 13 permanently and partially lost as the result of the injury. The workers' 14 compensation board shall determine the degree of such disability and 15 such board may reconsider such degree on its own motion or upon applica- 16 tion of any party in interest. 17 2. An award made to a claimant under this section shall in case of 18 death arising from causes other than the injury be payable to and for 19 the benefit of the persons following: 20 (a) If there be a surviving spouse and no child of the deceased under 21 the age of eighteen years, to such spouse. 22 (b) If there be a surviving spouse and surviving child or children of 23 the deceased under the age of eighteen years, one-half shall be payable 24 to the surviving spouse and the other half to the surviving child or 25 children. 26 (c) If there be a surviving child or children of the deceased under 27 the age of eighteen years, but no surviving spouse, then to such child 28 or children. 29 (d) If there be no surviving spouse and no surviving child or children 30 of the deceased under the age of eighteen years, then to such dependent 31 or dependents as defined in section seven of this chapter, as directed 32 by the [workmen's] workers' compensation board; and if there shall be no 33 such dependents, then to the estate of such deceased in an amount not 34 exceeding reasonable funeral expenses as provided in subdivision one of 35 section seven of this chapter, or, if there be no estate, to the person 36 or persons paying the funeral expenses of such deceased in an amount not 37 exceeding reasonable funeral expenses as provided in such subdivision 38 one. 39 3. An award for disability may be made after the death of the volun- 40 teer firefighter. 41 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene- 42 fit law, as amended by chapter 924 of the laws of 1990, is amended to 43 read as follows: 44 1. If the percentage of loss of earning capacity is seventy-five per 45 centum, or greater, he or she shall be paid ninety-five dollars for each 46 week, provided, however, that when the volunteer firefighter is injured 47 in the line of duty on or after January first, nineteen hundred seven- 48 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 49 such payment shall be one hundred five dollars for each week, provided, 50 however, that when the volunteer firefighter is injured in the line of 51 duty on or after July first, nineteen hundred eighty-three to and 52 including June thirtieth, nineteen hundred eighty-four, such payment 53 shall be one hundred twenty-five dollars for each week, provided, howev- 54 er, that when the volunteer firefighter is injured in the line of duty 55 on or after July first, nineteen hundred eighty-four to and including 56 June thirtieth, nineteen hundred eighty-five, such payment shall be oneA. 10300--A 7 1 hundred thirty-five dollars for each week, provided, however, that when 2 the volunteer firefighter is injured in the line of duty on or after 3 July first, nineteen hundred eighty-five to and including June thirti- 4 eth, nineteen hundred ninety such payment shall be one hundred fifty 5 dollars for each week, provided, however, that when the volunteer fire- 6 fighter is injured in the line of duty on or after July first, nineteen 7 hundred ninety to and including June thirtieth, nineteen hundred nine- 8 ty-one such payment shall be two hundred eighty dollars for each week, 9 provided, however, that when the volunteer firefighter is injured in the 10 line of duty on or after July first, nineteen hundred ninety-one to and 11 including June thirtieth, nineteen hundred ninety-two such payment shall 12 be three hundred fifty dollars for each week, provided, however, that 13 when the volunteer firefighter is injured in the line of duty on or 14 after July first, nineteen hundred ninety-two such payment shall be four 15 hundred dollars for each week; provided, however, that when the volun- 16 teer firefighter is injured in the line of duty on or after March first, 17 two thousand twenty such payment shall be eight hundred dollars for 18 each week; 19 § 5. Section 8 of the volunteer ambulance workers' benefit law, as 20 amended by chapter 401 of the laws of 2016, is amended to read as 21 follows: 22 § 8. Permanent total disability benefits. In the case of total disa- 23 bility adjudged to be permanent the volunteer ambulance worker shall be 24 paid [six] twelve hundred dollars for each week during the continuance 25 thereof. Permanent total disability, within the meaning of this section, 26 shall exist only if the earning capacity of the volunteer ambulance 27 worker has been lost permanently and totally as the result of the inju- 28 ry. The loss of both hands, or both arms, or both feet, or both legs, or 29 both eyes, or any two thereof, shall, in the absence of conclusive proof 30 to the contrary, constitute permanent total disability, but in all other 31 cases permanent total disability shall be determined in accordance with 32 the facts. Notwithstanding any other provisions of this chapter, an 33 injured volunteer ambulance worker disabled due to the loss or total 34 loss of use of both eyes, or both hands, or both arms, or both feet, or 35 both legs, or any two thereof shall not suffer any diminution of such 36 weekly benefit by engaging in business or employment provided his or her 37 weekly earnings or wages, when combined with his weekly benefit shall 38 not be in excess of [eight] sixteen hundred dollars; and further 39 provided that the application of this section shall not result in 40 reduction of benefits which an injured volunteer ambulance worker who is 41 disabled due to the loss or total loss of use of both eyes, or both 42 hands, or both arms, or both feet, or both legs, or any two thereof 43 would otherwise be entitled to under any other provisions of this arti- 44 cle. 45 § 6. Section 9 of the volunteer ambulance workers' benefit law, as 46 amended by chapter 924 of the laws of 1990, is amended to read as 47 follows: 48 § 9. Temporary total disability benefits. In the case of temporary 49 total disability the volunteer ambulance worker shall be paid three 50 hundred dollars for each week during the continuance thereof; provided, 51 however, that when the volunteer ambulance worker is injured in the line 52 of duty on or after the effective date of this chapter to June thirti- 53 eth, nineteen hundred ninety; further provided, that when the volunteer 54 ambulance worker is injured in the line of duty on or after July first, 55 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 56 said ambulance worker shall receive three hundred forty dollars per weekA. 10300--A 8 1 during the continuance thereof, and further provided, that when a volun- 2 teer ambulance worker is injured in the line of duty on or after July 3 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 4 ninety-two, said ambulance worker shall receive three hundred fifty 5 dollars per week during the continuance thereof; provided further that 6 when a volunteer ambulance worker is injured in the line of duty on or 7 after July first, nineteen hundred ninety-two such ambulance worker 8 shall be paid four hundred dollars for each week during the continuance 9 thereof; provided further that when a volunteer ambulance worker is 10 injured in the line of duty on or after March first, two thousand twen- 11 ty such ambulance worker shall be paid eight hundred dollars for each 12 week during the continuance thereof. Temporary total disability, within 13 the meaning of this section, shall exist only if the earning capacity of 14 the volunteer ambulance worker has been lost temporarily and totally as 15 the result of the injury. In case of temporary total disability and 16 permanent partial disability both resulting from the same injury, if the 17 temporary total disability continues for a longer period than the number 18 of weeks set forth in the following schedule, the period of temporary 19 total disability in excess of such number of weeks shall be added to the 20 period provided in section ten of this chapter: arm, thirty-two weeks; 21 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 22 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 23 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 24 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other 25 than great toe, eight weeks. In any case resulting in loss or partial 26 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 27 where the temporary total disability does not extend beyond the periods 28 above mentioned for such injury, benefits shall be limited to the sched- 29 ule contained in section ten of this chapter. 30 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers' 31 benefit law, as amended by chapter 604 of the laws of 1989, the opening 32 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and 33 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the 34 laws of 1990, is amended to read as follows: 35 1. In the case of disability partial in character, but permanent in 36 quality, the volunteer ambulance worker, injured in the line of duty 37 shall be paid one hundred fifty dollars for each week for the period 38 specified in this subdivision, provided, however, that when the volun- 39 teer ambulance worker is injured in the line of duty on or after the 40 effective date of this chapter to and including June thirtieth, nineteen 41 hundred ninety, and provided further that when the volunteer ambulance 42 worker is injured in the line of duty on or after July first, nineteen 43 hundred ninety to and including June thirtieth, nineteen hundred nine- 44 ty-one such payments shall be two hundred eighty dollars for each week, 45 and provided further that when the volunteer ambulance worker is injured 46 in the line of duty on or after July first, nineteen hundred ninety-one 47 to and including June thirtieth, nineteen hundred ninety-two such 48 payments shall be three hundred fifty dollars for each week; and 49 provided further that when the volunteer ambulance worker is injured in 50 the line of duty on or after July first, nineteen hundred ninety-two 51 such payments shall be four hundred dollars for each week; provided 52 further that when a volunteer ambulance worker is injured in the line of 53 duty on or after March first, two thousand twenty such ambulance worker 54 shall be paid eight hundred dollars for each week as follows: 55 a. Loss of member.A. 10300--A 9 1 Member lost Number of weeks 2 Arm ........................................................ 312 3 Leg ........................................................ 288 4 Hand ....................................................... 244 5 Foot ....................................................... 205 6 Eye ........................................................ 160 7 Thumb ...................................................... 75 8 First finger ............................................... 46 9 Great toe .................................................. 38 10 Second finger .............................................. 30 11 Third finger ............................................... 25 12 Toe other than great toe ................................... 16 13 Fourth finger .............................................. 15 14 If more than one phalange of a digit shall be lost, the period shall be 15 the same as for the loss of the entire digit. If only the first phalange 16 shall be lost, the period shall be one-half the period for loss of the 17 entire digit. The period for loss or loss of use of two or more digits, 18 or one or more phalanges of two or more digits, of a hand or foot, may 19 be proportioned to the period for the loss of use of the hand or foot 20 occasioned thereby, but shall not exceed the period for the loss of a 21 hand or foot. If an arm or leg shall be amputated at or above the wrist 22 or ankle, the period for such loss shall be in proportion to the period 23 for the loss of the arm or leg. In the case of loss of binocular vision 24 or of eighty per centum or more of the vision of an eye, the period 25 shall be the same as for the loss of the eye. 26 b. Loss of hearing. In the case of the complete loss of the hearing of 27 one ear, sixty weeks; for the loss of hearing of both ears, one hundred 28 fifty weeks. 29 c. Total loss of use. In the case of permanent total loss of use of a 30 member, the compensation shall be the same as for the loss of the 31 member. 32 d. Partial loss or partial loss of use. Except as above provided in 33 this subdivision, in the case of permanent partial loss or loss of use 34 of a member, the period shall be for the proportionate loss or loss of 35 use of the member. Compensation for permanent partial loss of use of an 36 eye shall be awarded on the basis of uncorrected loss of vision or 37 corrected loss of vision resulting from an injury which ever is greater. 38 e. Disfigurement. In the case of serious facial or head disfigurement, 39 including a disfigurement continuous in length which is partly in the 40 facial area and also extends into the neck region as described in this 41 paragraph, the volunteer ambulance worker shall be paid in a lump sum a 42 proper and equitable amount, which shall be determined by the workers' 43 compensation board. If the earning capacity of the volunteer ambulance 44 worker shall have been impaired, or may in the future be impaired, by 45 any serious disfigurement in the region above the sterno clavicular 46 articulations anterior to and including the region of the sterno cleido 47 mastoid muscles on either side, the volunteer ambulance worker shall be 48 paid in a lump sum a proper and equitable amount which shall be deter- 49 mined by such board. Two or more serious disfigurements, not continuous 50 in length, resulting from the same injury, if partially in the facial 51 area and partially in such neck region, shall be deemed to be a facial 52 disfigurement. An award, or the aggregate of the awards, to a volunteer 53 ambulance worker under this paragraph shall not exceed [twenty] forty 54 thousand dollars. 55 f. Total or partial loss or loss of use of more than one member. In 56 any case in which there shall be a loss or loss of use of more than oneA. 10300--A 10 1 member or parts of more than one member set forth above in paragraphs a 2 to e, both inclusive, of this subdivision, but not amounting to perma- 3 nent total disability, the periods for loss or loss of use of each such 4 member or part thereof shall run consecutively. 5 g. Other cases. In all other cases of permanent partial disability the 6 volunteer ambulance worker shall be paid for each week, during the 7 continuance thereof, as follows: 8 (1) If the percentage of loss of earning capacity is seventy-five per 9 centum, or greater, he or she shall be paid one hundred fifty dollars 10 for each week, provided, however, that the volunteer ambulance worker is 11 injured in the line of duty on or after the effective date of this chap- 12 ter to and including June thirtieth, nineteen hundred ninety, provided, 13 however, that when the volunteer ambulance worker is injured in the line 14 of duty on or after July first, nineteen hundred ninety to and including 15 June thirtieth, nineteen hundred ninety-one such payment shall be two 16 hundred eighty dollars for each week, and provided further that when the 17 volunteer ambulance worker is injured in the line of duty on or after 18 July first, nineteen hundred ninety-one to and including June thirtieth, 19 nineteen hundred ninety-two such payment shall be three hundred fifty 20 dollars for each week; and provided further that when the volunteer 21 ambulance worker is injured in the line of duty on or after July first, 22 nineteen hundred ninety-two such payments shall be four hundred dollars 23 for each week; provided further that when a volunteer ambulance worker 24 is injured in the line of duty on or after March first, two thousand 25 twenty such ambulance worker shall be paid eight hundred dollars for 26 each week during the continuance thereof. 27 (2) If the percentage of loss of earning capacity is fifty per centum, 28 or greater, but less than seventy-five per centum, he or she shall be 29 paid one hundred dollars for each week, provided, however, that the 30 volunteer ambulance worker is injured in the line of duty on or after 31 the effective date of this chapter to and including June thirtieth, 32 nineteen hundred ninety, provided, however, that when the volunteer 33 ambulance worker is injured in the line of duty on or after July first, 34 nineteen hundred ninety to and including June thirtieth, nineteen 35 hundred ninety-one, such payment shall be one hundred eighty-six dollars 36 and seventy-six cents for each week, provided, however, that when the 37 volunteer ambulance worker is injured in the line of duty on or after 38 July first, nineteen hundred ninety-one to and including June thirtieth, 39 nineteen hundred ninety-two, such payment shall be two hundred thirty- 40 four dollars and fifty cents for each week; provided, however, that when 41 the volunteer ambulance worker is injured in the line of duty on or 42 after July first, nineteen hundred ninety-two, such payment shall be two 43 hundred sixty-eight dollars for each week, provided, however, that when 44 the volunteer ambulance worker is injured in the line of duty on or 45 after March first, two thousand twenty, such payment shall be five 46 hundred thirty-six dollars for each week. 47 (3) If the percentage of loss of earning capacity is twenty-five 48 percentum, or greater, but less than fifty per centum, he or she shall 49 be paid [thirty] sixty dollars for each week. 50 (4) If the percentage of loss of earning capacity is less than twen- 51 ty-five per centum, he or she shall not be paid any weekly benefit. 52 Permanent partial disability, within the meaning of this paragraph, 53 shall exist only if the earning capacity of the volunteer ambulance 54 worker has been permanently and partially lost as the result of the 55 injury. The workers' compensation board shall determine the degree ofA. 10300--A 11 1 such disability and such board may reconsider such degree on its own 2 motion or upon application of any party in interest. 3 § 8. Section 11 of the volunteer ambulance workers' benefit law, as 4 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as 5 amended by chapter 924 of the laws of 1990, is amended to read as 6 follows: 7 § 11. Temporary partial disability benefits. In the case of temporary 8 partial disability the volunteer ambulance worker shall be paid for each 9 week during the continuance thereof, as follows: 10 1. If the percentage of loss of earning capacity is seventy-five per 11 centum, or greater, he or she shall be paid one hundred fifty dollars 12 for each week, provided, however, that the volunteer ambulance worker is 13 injured in the line of duty on or after the effective date of this chap- 14 ter to and including June thirtieth, nineteen hundred ninety, provided, 15 however, that when the volunteer ambulance worker is injured in the line 16 of duty on or after July first, nineteen hundred ninety to and including 17 June thirtieth, nineteen hundred ninety-one, such payment shall be two 18 hundred eighty dollars for each week, provided, however, that when the 19 volunteer ambulance worker is injured in the line of duty on or after 20 July first, nineteen hundred ninety-one to and including June thirtieth, 21 nineteen hundred ninety-two, such payment shall be three hundred fifty 22 dollars for each week; and provided further that when the volunteer 23 ambulance worker is injured in the line of duty on or after July first, 24 nineteen hundred ninety-two such payments shall be four hundred dollars 25 for each week; provided further that when a volunteer ambulance worker 26 is injured in the line of duty on or after March first, two thousand 27 twenty such ambulance worker shall be paid eight hundred dollars for 28 each week. 29 2. If the percentage of loss of earning capacity is fifty per centum, 30 or greater, but less than seventy-five per centum, he or she shall be 31 paid one hundred dollars for each week, provided, however, that the 32 volunteer ambulance worker is injured in the line of duty on or after 33 the effective date of this chapter to and including June thirtieth, 34 nineteen hundred ninety, provided, however, that when the volunteer 35 ambulance worker is injured in the line of duty on or after July first, 36 nineteen hundred ninety to and including June thirtieth, nineteen 37 hundred ninety-one, such payment shall be one hundred eighty-six dollars 38 and seventy-six cents for each week, provided, however, that when the 39 volunteer ambulance worker is injured in the line of duty on or after 40 July first, nineteen hundred ninety-one to and including June thirtieth, 41 nineteen hundred ninety-two, such payment shall be two hundred thirty- 42 four dollars and fifty cents for each week; provided, however, that when 43 the volunteer ambulance worker is injured in the line of duty on or 44 after July first, nineteen hundred ninety-two, such payment shall be two 45 hundred sixty-eight dollars for each week, provided, however, that when 46 the volunteer ambulance worker is injured in the line of duty on or 47 after March first, two thousand twenty, such payment shall be five 48 hundred thirty-six dollars for each week. 49 3. If the percentage of loss of earning capacity is twenty-five per 50 centum, or greater, but less than fifty per centum, he or she shall be 51 paid [thirty] sixty dollars for each week. 52 4. If the percentage of loss of earning capacity is less than twenty- 53 five per centum, he or she shall not be paid any weekly benefit. 54 Temporary partial disability, within the meaning of this section, 55 shall exist only if the earning capacity of the volunteer ambulance 56 worker has been temporarily and partially lost as the result of theA. 10300--A 12 1 injury. The workers' compensation board shall determine the degree of 2 such disability and such board may reconsider such degree on its own 3 motion or upon application of any party in interest. 4 § 9. This act shall take effect immediately.
