Bill Text: NY S08086 | 2019-2020 | General Assembly | Amended
Bill Title: Increases benefits for volunteer firefighters and volunteer ambulance workers.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-06-24 - PRINT NUMBER 8086A [S08086 Detail]
Download: New_York-2019-S08086-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8086--A IN SENATE March 17, 2020 ___________ Introduced by Sens. BROOKS, PARKER, PERSAUD -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government -- 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15945-02-0S. 8086--A 2 1 would otherwise be entitled to under any other provisions of this arti- 2 cle. 3 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 4 by chapter 924 of the laws of 1990, is amended to read as follows: 5 § 9. Temporary total disability benefits. In the case of temporary 6 total disability the volunteer firefighter shall be paid one hundred 7 twenty-five dollars for each week during the continuance thereof; 8 provided, however, that when the volunteer firefighter is injured in the 9 line of duty on or after July first, nineteen hundred seventy-eight to 10 December thirty-first, nineteen hundred seventy-eight, said firefighter 11 shall receive one hundred eighty dollars per week during the continuance 12 thereof; and further provided, that when the volunteer firefighter is 13 injured in the line of duty on or after January first, nineteen hundred 14 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 15 firefighter shall receive two hundred fifteen dollars per week during 16 the continuance thereof; and further provided, that when the volunteer 17 firefighter is injured in the line of duty on or after July first, nine- 18 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 19 four, said firefighter shall receive two hundred fifty-five dollars per 20 week during the continuance thereof; and further provided, that when the 21 volunteer firefighter is injured in the line of duty on or after July 22 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 23 eighty-five, said firefighter shall receive two hundred seventy-five 24 dollars per week during the continuance thereof; and further provided, 25 that when the volunteer firefighter is injured in the line of duty on or 26 after July first, nineteen hundred eighty-five to June thirtieth, nine- 27 teen hundred ninety, said firefighter shall receive three hundred 28 dollars per week during the continuance thereof; and further provided, 29 that when the volunteer firefighter is injured in the line of duty on or 30 after July first, nineteen hundred ninety to June thirtieth, nineteen 31 hundred ninety-one, said firefighter shall receive three hundred forty 32 dollars per week during the continuance thereof; and further provided, 33 that when a volunteer firefighter is injured in the line of duty on or 34 after July first, nineteen hundred ninety-one to June thirtieth, nine- 35 teen hundred ninety-two, said firefighter shall receive three hundred 36 fifty dollars per week during the continuance thereof; and further 37 provided, that when a volunteer firefighter is injured in the line of 38 duty on or after July first, nineteen hundred ninety-two, said fire- 39 fighter shall receive four hundred dollars per week during the contin- 40 uance thereof, provided, however, that when the volunteer firefighter 41 is injured in the line of duty on or after March first, two thou- 42 sand twenty such payment shall be eight hundred dollars for each week 43 during the continuance thereof. Temporary total disability, within the 44 meaning of this section, shall exist only if the earning capacity of the 45 volunteer firefighter has been lost temporarily and totally as the 46 result of the injury. In case of temporary total disability and perma- 47 nent partial disability both resulting from the same injury, if the 48 temporary total disability continues for a longer period than the number 49 of weeks set forth in the following schedule, the period of temporary 50 total disability in excess of such number of weeks shall be added to the 51 period provided in section ten of this article: arm, thirty-two weeks; 52 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 53 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 54 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 55 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other 56 than great toe, eight weeks. In any case resulting in loss or partialS. 8086--A 3 1 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 2 where the temporary total disability does not extend beyond the periods 3 above mentioned for such injury, benefits shall be limited to the sched- 4 ule contained in section ten of this article. 5 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi- 6 sion 1 as amended by chapter 175 of the laws of 1962, the opening para- 7 graph of subdivision 1 as amended by chapter 21 of the laws of 1991, 8 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of 9 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of 10 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of 11 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the 12 laws of 1974, the opening subparagraph and subparagraph 4 of paragraph 13 (g) of subdivision 1 and subdivision 3 as amended by chapter 476 of the 14 laws of 2018, is amended to read as follows: 15 § 10. Permanent partial disability benefits. 1. In the case of disa- 16 bility partial in character, but permanent in quality, the volunteer 17 firefighter shall be paid ninety-five dollars for each week for the 18 period specified in this subdivision, provided, however, that when the 19 volunteer firefighter is injured in the line of duty on or after January 20 first, nineteen hundred seventy-eight to June thirtieth, nineteen 21 hundred eighty-three, such payment shall be one hundred five dollars for 22 each week, and further provided that when a volunteer firefighter is 23 injured in the line of duty on or after July first, nineteen hundred 24 eighty-three to and including June thirtieth, nineteen hundred eighty- 25 four, such payments shall be one hundred twenty-five dollars for each 26 week and provided further that when the volunteer firefighter is injured 27 in the line of duty on or after July first, nineteen hundred eighty-four 28 to and including June thirtieth, nineteen hundred eighty-five such 29 payments shall be one hundred thirty-five dollars for each week and 30 provided further that when the volunteer firefighter is injured in the 31 line of duty on or after July first, nineteen hundred eighty-five to and 32 including June thirtieth, nineteen hundred ninety such payments shall be 33 one hundred fifty dollars for each week, and provided further that when 34 the volunteer firefighter is injured in the line of duty on or after 35 July first, nineteen hundred ninety to and including June thirtieth, 36 nineteen hundred ninety-one such payments shall be two hundred eighty 37 dollars for each week, and provided further that when the volunteer 38 firefighter is injured in the line of duty on or after July first, nine- 39 teen hundred ninety-one to and including June thirtieth, nineteen 40 hundred ninety-two such payments shall be three hundred fifty dollars 41 for each week, and provided further that when the volunteer firefighter 42 is injured in the line of duty on or after July first, nineteen hundred 43 ninety-two such payments shall be four hundred dollars for each week, 44 provided, however, that when the volunteer firefighter is injured in the 45 line of duty on or after March first, two thousand twenty such payment 46 shall be eight hundred dollars for each week as follows: 47 (a) Loss of member. 48 Member lost ............................................ Number of weeks 49 Arm ................................................................ 312 50 Leg ................................................................ 288 51 Hand ............................................................... 244 52 Foot ............................................................... 205 53 Eye ................................................................ 160 54 Thumb ............................................................... 75 55 First finger ........................................................ 46S. 8086--A 4 1 Great toe ........................................................... 38 2 Second finger ....................................................... 30 3 Third finger ........................................................ 25 4 Toe other than great toe ............................................ 16 5 Fourth finger ....................................................... 15 6 If more than one phalange of a digit shall be lost, the period shall be 7 the same as for the loss of the entire digit. If only the first phalange 8 shall be lost, the period shall be one-half the period for loss of the 9 entire digit. The period for loss or loss of use of two or more digits, 10 or one or more phalanges of two or more digits, of a hand or foot, may 11 be proportioned to the period for the loss of use of the hand or foot 12 occasioned thereby, but shall not exceed the period for the loss of a 13 hand or foot. If an arm or leg shall be amputated at or above the wrist 14 or ankle, the period for such loss shall be in proportion to the period 15 for the loss of the arm or leg. In the case of loss of binocular vision 16 or of eighty per centum or more of the vision of an eye, the period 17 shall be the same as for the loss of the eye. 18 (b) Loss of hearing. In the case of the complete loss of the hearing 19 of one ear, sixty weeks; for the loss of hearing of both ears, one 20 hundred fifty weeks. 21 (c) Total loss of use. In the case of permanent total loss of use of a 22 member, the period shall be the same as for the loss of the member. 23 (d) Partial loss or partial loss of use. Except as above provided in 24 this subdivision, in the case of permanent partial loss or loss of use 25 of a member, the period shall be for the proportionate loss or loss of 26 use of the member. Compensation for permanent partial loss of use of an 27 eye shall be awarded on the basis of uncorrected loss of vision or 28 corrected loss of vision resulting from an injury whichever is the 29 greater. 30 (e) Disfigurement. In the case of serious facial or head disfigure- 31 ment, including a disfigurement continuous in length which is partly in 32 the facial area and also extends into the neck region as described in 33 this paragraph, the volunteer firefighter shall be paid in a lump sum a 34 proper and equitable amount, which shall be determined by the workers' 35 compensation board. If the earning capacity of the volunteer firefighter 36 shall have been impaired, or may in the future be impaired, by any seri- 37 ous disfigurement in the region above the sterno clavicular artic- 38 ulations anterior to and including the region of the sterno cleido 39 mastoid muscles on either side, the volunteer firefighter shall be paid 40 in a lump sum a proper and equitable amount which shall be determined by 41 such board. Two or more serious disfigurements, not continuous in 42 length, resulting from the same injury, if partially in the facial area 43 and partially in such neck region, shall be deemed to be a facial 44 disfigurement. An award, or the aggregate of the awards, to a volunteer 45 firefighter under this paragraph shall not exceed [twenty] forty thou- 46 sand dollars. 47 (f) Total or partial loss or loss of use of more than one member. In 48 any case in which there shall be a loss or loss of use of more than one 49 member or parts of more than one member set forth above in paragraphs a 50 to e, both inclusive, of this subdivision, but not amounting to perma- 51 nent total disability, the periods for loss or loss of use of each such 52 member or part thereof shall run consecutively. 53 (g) Other cases. In all other cases of permanent partial disability 54 the volunteer firefighter shall be paid for each week during the contin- 55 uance thereof, as follows:S. 8086--A 5 1 1. If the percentage of loss of earning capacity is seventy-five per 2 centum, or greater, he or she shall be paid ninety-five dollars for each 3 week, provided, however, that when the volunteer firefighter is injured 4 in the line of duty on or after January first, nineteen hundred seven- 5 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 6 such payment shall be one hundred five dollars for each week provided, 7 however, that when the volunteer firefighter is injured in the line of 8 duty on or after July first, nineteen hundred eighty-three to and 9 including June thirtieth, nineteen hundred eighty-four, such payment 10 shall be one hundred twenty-five dollars for each week provided, howev- 11 er, that when the volunteer firefighter is injured in the line of duty 12 on or after July first, nineteen hundred eighty-four to and including 13 June thirtieth, nineteen hundred eighty-five such payment shall be one 14 hundred thirty-five dollars for each week, provided, however, that when 15 the volunteer firefighter is injured in the line of duty on or after 16 July first, nineteen hundred eighty-five to and including June thirti- 17 eth, nineteen hundred ninety such payment shall be one hundred fifty 18 dollars for each week, provided, however, that when the volunteer fire- 19 fighter is injured in the line of duty on or after July first, nineteen 20 hundred ninety to and including June thirtieth, nineteen hundred nine- 21 ty-one such payment shall be two hundred eighty dollars for each week, 22 and provided further that when the volunteer firefighter is injured in 23 the line of duty on or after July first, nineteen hundred ninety-one to 24 and including June thirtieth, nineteen hundred ninety-two such payment 25 shall be three hundred fifty dollars for each week, and provided further 26 that when the volunteer firefighter is injured in the line of duty on or 27 after July first, nineteen hundred ninety-two such payment shall be four 28 hundred dollars for each week; provided, however, that when the volun- 29 teer firefighter is injured in the line of duty on or after March first, 30 two thousand twenty such payment shall be eight hundred dollars for each 31 week; 32 2. If the percentage of loss of earning capacity is fifty per centum, 33 or greater, but less than seventy-five per centum, he or she shall be 34 paid sixty-three dollars and thirty-three cents for each week, provided, 35 however, that when the volunteer firefighter is injured in the line of 36 duty on or after January first, nineteen hundred seventy-eight to and 37 including June thirtieth, nineteen hundred eighty-three, such payment 38 shall be seventy dollars for each week, provided, however, that when the 39 volunteer firefighter is injured in the line of duty on or after July 40 first, nineteen hundred eighty-three to and including June thirtieth, 41 nineteen hundred eighty-four such payment shall be eighty-three dollars 42 and thirty-three cents for each week, provided, however, that when the 43 volunteer firefighter is injured in the line of duty on or after July 44 first, nineteen hundred eighty-four, to and including June thirtieth, 45 nineteen hundred eighty-five, such payment shall be ninety dollars for 46 each week, provided, however, that when the volunteer firefighter is 47 injured in the line of duty on or after July first, nineteen hundred 48 eighty-five to and including June thirtieth, nineteen hundred ninety 49 such payment shall be one hundred 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 ninety to and including 52 June thirtieth, nineteen hundred ninety-one such payment shall be one 53 hundred eighty-six dollars and seventy-six cents for each week, 54 provided, however, that when the volunteer firefighter is injured in the 55 line of duty on or after July first, nineteen hundred ninety-one to and 56 including June thirtieth, nineteen hundred ninety-two such payment shallS. 8086--A 6 1 be two hundred thirty-four dollars and fifty cents for each week, 2 provided, however, that when the volunteer firefighter is injured in the 3 line of duty on or after July first, nineteen hundred ninety-two such 4 payment shall be two hundred sixty-eight dollars for each week, 5 provided, however, that when the volunteer firefighter is injured in the 6 line of duty on or after March first, two thousand twenty, such payment 7 shall be five hundred thirty-six dollars for each week; 8 3. If the percentage of loss of earning capacity is twenty-five per 9 centum, or greater, but less than fifty per centum, he shall be paid 10 [thirty] sixty dollars for each week; 11 4. If the percentage of loss of earning capacity is less than twenty- 12 five per centum, he or she shall not be paid any weekly benefit. Perma- 13 nent partial disability, within the meaning of this paragraph, shall 14 exist only if the earning capacity of the volunteer firefighter has been 15 permanently and partially lost as the result of the injury. The workers' 16 compensation board shall determine the degree of such disability and 17 such board may reconsider such degree on its own motion or upon applica- 18 tion of any party in interest. 19 2. An award made to a claimant under this section shall in case of 20 death arising from causes other than the injury be payable to and for 21 the benefit of the persons following: 22 (a) If there be a surviving spouse and no child of the deceased under 23 the age of eighteen years, to such spouse. 24 (b) If there be a surviving spouse and surviving child or children of 25 the deceased under the age of eighteen years, one-half shall be payable 26 to the surviving spouse and the other half to the surviving child or 27 children. 28 (c) If there be a surviving child or children of the deceased under 29 the age of eighteen years, but no surviving spouse, then to such child 30 or children. 31 (d) If there be no surviving spouse and no surviving child or children 32 of the deceased under the age of eighteen years, then to such dependent 33 or dependents as defined in section seven of this chapter, as directed 34 by the [workmen's] workers' compensation board; and if there shall be no 35 such dependents, then to the estate of such deceased in an amount not 36 exceeding reasonable funeral expenses as provided in subdivision one of 37 section seven of this chapter, or, if there be no estate, to the person 38 or persons paying the funeral expenses of such deceased in an amount not 39 exceeding reasonable funeral expenses as provided in such subdivision 40 one. 41 3. An award for disability may be made after the death of the volun- 42 teer firefighter. 43 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene- 44 fit law, as amended by chapter 924 of the laws of 1990, is amended to 45 read as follows: 46 1. If the percentage of loss of earning capacity is seventy-five per 47 centum, or greater, he or she shall be paid ninety-five dollars for each 48 week, provided, however, that when the volunteer firefighter is injured 49 in the line of duty on or after January first, nineteen hundred seven- 50 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 51 such payment shall be one hundred five dollars for each week, provided, 52 however, that when the volunteer firefighter is injured in the line of 53 duty on or after July first, nineteen hundred eighty-three to and 54 including June thirtieth, nineteen hundred eighty-four, such payment 55 shall be one hundred twenty-five dollars for each week, provided, howev- 56 er, that when the volunteer firefighter is injured in the line of dutyS. 8086--A 7 1 on or after July first, nineteen hundred eighty-four to and including 2 June thirtieth, nineteen hundred eighty-five, such payment shall be one 3 hundred thirty-five dollars for each week, provided, however, that when 4 the volunteer firefighter is injured in the line of duty on or after 5 July first, nineteen hundred eighty-five to and including June thirti- 6 eth, nineteen hundred ninety such payment shall be one hundred fifty 7 dollars for each week, provided, however, that when the volunteer fire- 8 fighter is injured in the line of duty on or after July first, nineteen 9 hundred ninety to and including June thirtieth, nineteen hundred nine- 10 ty-one such payment shall be two hundred eighty dollars for each week, 11 provided, however, that when the volunteer firefighter is injured in the 12 line of duty on or after July first, nineteen hundred ninety-one to and 13 including June thirtieth, nineteen hundred ninety-two such payment shall 14 be three hundred fifty dollars for each week, provided, however, that 15 when the volunteer firefighter is injured in the line of duty on or 16 after July first, nineteen hundred ninety-two such payment shall be four 17 hundred dollars for each week; provided, however, that when the volun- 18 teer firefighter is injured in the line of duty on or after March first, 19 two thousand twenty such payment shall be eight hundred dollars for 20 each week; 21 § 5. Section 8 of the volunteer ambulance workers' benefit law, as 22 amended by chapter 401 of the laws of 2016, is amended to read as 23 follows: 24 § 8. Permanent total disability benefits. In the case of total disa- 25 bility adjudged to be permanent the volunteer ambulance worker shall be 26 paid [six] twelve hundred dollars for each week during the continuance 27 thereof. Permanent total disability, within the meaning of this section, 28 shall exist only if the earning capacity of the volunteer ambulance 29 worker has been lost permanently and totally as the result of the inju- 30 ry. The loss of both hands, or both arms, or both feet, or both legs, or 31 both eyes, or any two thereof, shall, in the absence of conclusive proof 32 to the contrary, constitute permanent total disability, but in all other 33 cases permanent total disability shall be determined in accordance with 34 the facts. Notwithstanding any other provisions of this chapter, an 35 injured volunteer ambulance worker disabled due to the loss or total 36 loss of use of both eyes, or both hands, or both arms, or both feet, or 37 both legs, or any two thereof shall not suffer any diminution of such 38 weekly benefit by engaging in business or employment provided his or her 39 weekly earnings or wages, when combined with his weekly benefit shall 40 not be in excess of [eight] sixteen hundred dollars; and further 41 provided that the application of this section shall not result in 42 reduction of benefits which an injured volunteer ambulance worker who is 43 disabled due to the loss or total loss of use of both eyes, or both 44 hands, or both arms, or both feet, or both legs, or any two thereof 45 would otherwise be entitled to under any other provisions of this arti- 46 cle. 47 § 6. Section 9 of the volunteer ambulance workers' benefit law, as 48 amended by chapter 924 of the laws of 1990, is amended to read as 49 follows: 50 § 9. Temporary total disability benefits. In the case of temporary 51 total disability the volunteer ambulance worker shall be paid three 52 hundred dollars for each week during the continuance thereof; provided, 53 however, that when the volunteer ambulance worker is injured in the line 54 of duty on or after the effective date of this chapter to June thirti- 55 eth, nineteen hundred ninety; further provided, that when the volunteer 56 ambulance worker is injured in the line of duty on or after July first,S. 8086--A 8 1 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 2 said ambulance worker shall receive three hundred forty dollars per week 3 during the continuance thereof, and further provided, that when a volun- 4 teer ambulance worker is injured in the line of duty on or after July 5 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 6 ninety-two, said ambulance worker shall receive three hundred fifty 7 dollars per week during the continuance thereof; provided further that 8 when a volunteer ambulance worker is injured in the line of duty on or 9 after July first, nineteen hundred ninety-two such ambulance worker 10 shall be paid four hundred dollars for each week during the continuance 11 thereof; provided further that when a volunteer ambulance worker is 12 injured in the line of duty on or after March first, two thousand twen- 13 ty such ambulance worker shall be paid eight hundred dollars for each 14 week during the continuance thereof. Temporary total disability, within 15 the meaning of this section, shall exist only if the earning capacity of 16 the volunteer ambulance worker has been lost temporarily and totally as 17 the result of the injury. In case of temporary total disability and 18 permanent partial disability both resulting from the same injury, if the 19 temporary total disability continues for a longer period than the number 20 of weeks set forth in the following schedule, the period of temporary 21 total disability in excess of such number of weeks shall be added to the 22 period provided in section ten of this chapter: arm, thirty-two weeks; 23 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, 24 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 25 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 26 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other 27 than great toe, eight weeks. In any case resulting in loss or partial 28 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 29 where the temporary total disability does not extend beyond the periods 30 above mentioned for such injury, benefits shall be limited to the sched- 31 ule contained in section ten of this chapter. 32 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers' 33 benefit law, as amended by chapter 604 of the laws of 1989, the opening 34 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and 35 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the 36 laws of 1990, is amended to read as follows: 37 1. In the case of disability partial in character, but permanent in 38 quality, the volunteer ambulance worker, injured in the line of duty 39 shall be paid one hundred fifty dollars for each week for the period 40 specified in this subdivision, provided, however, that when the volun- 41 teer ambulance worker is injured in the line of duty on or after the 42 effective date of this chapter to and including June thirtieth, nineteen 43 hundred ninety, and provided further that when the volunteer ambulance 44 worker is injured in the line of duty on or after July first, nineteen 45 hundred ninety to and including June thirtieth, nineteen hundred nine- 46 ty-one such payments shall be two hundred eighty dollars for each week, 47 and provided further that when the volunteer ambulance worker is injured 48 in the line of duty on or after July first, nineteen hundred ninety-one 49 to and including June thirtieth, nineteen hundred ninety-two such 50 payments shall be three hundred fifty dollars for each week; and 51 provided further that when the volunteer ambulance worker is injured in 52 the line of duty on or after July first, nineteen hundred ninety-two 53 such payments shall be four hundred dollars for each week; provided 54 further that when a volunteer ambulance worker is injured in the line of 55 duty on or after March first, two thousand twenty such ambulance worker 56 shall be paid eight hundred dollars for each week as follows:S. 8086--A 9 1 a. Loss of member. 2 Member lost Number of weeks 3 Arm ........................................................ 312 4 Leg ........................................................ 288 5 Hand ....................................................... 244 6 Foot ....................................................... 205 7 Eye ........................................................ 160 8 Thumb ...................................................... 75 9 First finger ............................................... 46 10 Great toe .................................................. 38 11 Second finger .............................................. 30 12 Third finger ............................................... 25 13 Toe other than great toe ................................... 16 14 Fourth finger .............................................. 15 15 If more than one phalange of a digit shall be lost, the period shall be 16 the same as for the loss of the entire digit. If only the first phalange 17 shall be lost, the period shall be one-half the period for loss of the 18 entire digit. The period for loss or loss of use of two or more digits, 19 or one or more phalanges of two or more digits, of a hand or foot, may 20 be proportioned to the period for the loss of use of the hand or foot 21 occasioned thereby, but shall not exceed the period for the loss of a 22 hand or foot. If an arm or leg shall be amputated at or above the wrist 23 or ankle, the period for such loss shall be in proportion to the period 24 for the loss of the arm or leg. In the case of loss of binocular vision 25 or of eighty per centum or more of the vision of an eye, the period 26 shall be the same as for the loss of the eye. 27 b. Loss of hearing. In the case of the complete loss of the hearing of 28 one ear, sixty weeks; for the loss of hearing of both ears, one hundred 29 fifty weeks. 30 c. Total loss of use. In the case of permanent total loss of use of a 31 member, the compensation shall be the same as for the loss of the 32 member. 33 d. Partial loss or partial loss of use. Except as above provided in 34 this subdivision, in the case of permanent partial loss or loss of use 35 of a member, the period shall be for the proportionate loss or loss of 36 use of the member. Compensation for permanent partial loss of use of an 37 eye shall be awarded on the basis of uncorrected loss of vision or 38 corrected loss of vision resulting from an injury which ever is greater. 39 e. Disfigurement. In the case of serious facial or head disfigurement, 40 including a disfigurement continuous in length which is partly in the 41 facial area and also extends into the neck region as described in this 42 paragraph, the volunteer ambulance worker shall be paid in a lump sum a 43 proper and equitable amount, which shall be determined by the workers' 44 compensation board. If the earning capacity of the volunteer ambulance 45 worker shall have been impaired, or may in the future be impaired, by 46 any serious disfigurement in the region above the sterno clavicular 47 articulations anterior to and including the region of the sterno cleido 48 mastoid muscles on either side, the volunteer ambulance worker shall be 49 paid in a lump sum a proper and equitable amount which shall be deter- 50 mined by such board. Two or more serious disfigurements, not continuous 51 in length, resulting from the same injury, if partially in the facial 52 area and partially in such neck region, shall be deemed to be a facial 53 disfigurement. An award, or the aggregate of the awards, to a volunteer 54 ambulance worker under this paragraph shall not exceed [twenty] forty 55 thousand dollars.S. 8086--A 10 1 f. Total or partial loss or loss of use of more than one member. In 2 any case in which there shall be a loss or loss of use of more than one 3 member or parts of more than one member set forth above in paragraphs a 4 to e, both inclusive, of this subdivision, but not amounting to perma- 5 nent total disability, the periods for loss or loss of use of each such 6 member or part thereof shall run consecutively. 7 g. Other cases. In all other cases of permanent partial disability the 8 volunteer ambulance worker shall be paid for each week, during the 9 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, and provided further 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 during the continuance thereof. 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 50 percentum, or greater, but less than fifty per centum, he or she shall 51 be paid [thirty] sixty dollars for each week. 52 (4) If the percentage of loss of earning capacity is less than twen- 53 ty-five per centum, he or she shall not be paid any weekly benefit. 54 Permanent partial disability, within the meaning of this paragraph, 55 shall exist only if the earning capacity of the volunteer ambulance 56 worker has been permanently and partially lost as the result of theS. 8086--A 11 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 § 8. Section 11 of the volunteer ambulance workers' benefit law, as 5 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as 6 amended by chapter 924 of the laws of 1990, is amended to read as 7 follows: 8 § 11. Temporary partial disability benefits. In the case of temporary 9 partial disability the volunteer ambulance worker shall be paid for each 10 week during the continuance thereof, as follows: 11 1. If the percentage of loss of earning capacity is seventy-five per 12 centum, or greater, he or she shall be paid one hundred fifty dollars 13 for each week, provided, however, that the volunteer ambulance worker is 14 injured in the line of duty on or after the effective date of this chap- 15 ter to and including June thirtieth, nineteen hundred ninety, provided, 16 however, that when the volunteer ambulance worker is injured in the line 17 of duty on or after July first, nineteen hundred ninety to and including 18 June thirtieth, nineteen hundred ninety-one, such payment shall be two 19 hundred eighty dollars for each week, provided, however, that when the 20 volunteer ambulance worker is injured in the line of duty on or after 21 July first, nineteen hundred ninety-one to and including June thirtieth, 22 nineteen hundred ninety-two, such payment shall be three hundred fifty 23 dollars for each week; and provided further that when the volunteer 24 ambulance worker is injured in the line of duty on or after July first, 25 nineteen hundred ninety-two such payments shall be four hundred dollars 26 for each week; provided further that when a volunteer ambulance worker 27 is injured in the line of duty on or after March first, two thousand 28 twenty such ambulance worker shall be paid eight hundred dollars for 29 each 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 one hundred dollars for each week, provided, however, that the 33 volunteer ambulance worker is injured in the line of duty on or after 34 the effective date of this chapter to and including June thirtieth, 35 nineteen hundred ninety, provided, however, that when the volunteer 36 ambulance worker is injured in the line of duty on or after July first, 37 nineteen hundred ninety to and including June thirtieth, nineteen 38 hundred ninety-one, such payment shall be one hundred eighty-six dollars 39 and seventy-six cents for each week, provided, however, that when the 40 volunteer ambulance worker is injured in the line of duty on or after 41 July first, nineteen hundred ninety-one to and including June thirtieth, 42 nineteen hundred ninety-two, such payment shall be two hundred thirty- 43 four dollars and fifty cents for each week; provided, however, that when 44 the volunteer ambulance worker is injured in the line of duty on or 45 after July first, nineteen hundred ninety-two, such payment shall be two 46 hundred sixty-eight dollars for each week, provided, however, that when 47 the volunteer ambulance worker is injured in the line of duty on or 48 after March first, two thousand twenty, such payment shall be five 49 hundred thirty-six dollars for each week. 50 3. If the percentage of loss of earning capacity is twenty-five per 51 centum, or greater, but less than fifty per centum, he or she shall be 52 paid [thirty] sixty dollars for each week. 53 4. If the percentage of loss of earning capacity is less than twenty- 54 five per centum, he or she shall not be paid any weekly benefit. 55 Temporary partial disability, within the meaning of this section, 56 shall exist only if the earning capacity of the volunteer ambulanceS. 8086--A 12 1 worker has been temporarily and partially lost as the result of the 2 injury. The workers' compensation board shall determine the degree of 3 such disability and such board may reconsider such degree on its own 4 motion or upon application of any party in interest. 5 § 9. This act shall take effect immediately.
