Bill Text: NY S00076 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to permanent total disability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO LABOR [S00076 Detail]

Download: New_York-2013-S00076-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          76
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Labor
       AN ACT to amend the workers' compensation law, in relation to  permanent
         total disability
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 15 of  the  workers'  compensation
    2  law,  as  amended by chapter 675 of the laws of 1977, is amended to read
    3  as follows:
    4    1. Permanent total disability. In case of total disability adjudged to
    5  be permanent sixty-six and two-thirds per centum of the  average  weekly
    6  wages shall be paid to the employee during the continuance of such total
    7  disability.  Loss  of  both  hands,  or both arms, or both feet, or both
    8  legs, or both eyes, or of any  two  thereof,  OR  APPROVAL  FOR  FEDERAL
    9  SOCIAL SECURITY DISABILITY BENEFITS, shall, in the absence of conclusive
   10  proof  to  the  contrary, constitute permanent total disability.  In all
   11  other cases permanent total disability shall be determined in accordance
   12  with the facts. Notwithstanding any other provision of this chapter,  an
   13  injured  employee  disabled due to the loss or total loss of use of both
   14  eyes, or both hands, or both arms, or both feet, or both legs, or of any
   15  two thereof shall not suffer any diminution of his OR  HER  compensation
   16  by  engaging  in  business or employment provided his OR HER earnings or
   17  wages, when combined with his OR  HER  compensation,  shall  not  be  in
   18  excess of the wage base on which the maximum weekly compensation benefit
   19  is  computed  under  the  law in effect at time of such earning; further
   20  provided, that if the combination exceeds such wage  base,  the  compen-
   21  sation  shall be diminished to an amount which, together with his OR HER
   22  earnings or wages, shall equal the wage base; and further provided  that
   23  the  application  of  this  subdivision shall not result in reduction of
   24  compensation which an injured employee who is disabled due to  the  loss
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01073-01-3
       S. 76                               2
    1  or  total loss of use of both eyes, or both hands, or both arms, or both
    2  feet, or both legs or of any two thereof, would otherwise be entitled to
    3  under any other provision of this section.
    4    S 2. This act shall take effect immediately.