senate Bill S2781

Relates to permanent total disability

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / Mar / 2009
    • REFERRED TO LABOR
  • 06 / Jan / 2010
    • REFERRED TO LABOR

Summary

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Bill Details

See Assembly Version of this Bill:
A2135
Versions:
S2781
Legislative Cycle:
2009-2010
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law

Sponsor Memo

BILL NUMBER: S2781

TITLE OF BILL :

An act to amend the workers' compensation law, in relation to
permanent total disability


PURPOSE OR GENERAL IDEA OF BILL :

This bill will create a presumption of permanent total disability for
claimants who are found eligible for federal social security
disability benefits.

SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends ยง15(1) of the workers' compensation law
to allow claimants who are approved for social security disability
benefits to be considered permanently totally disabled in the absence
of conclusive proof to the contrary.

JUSTIFICATION :

Workers who are injured or become ill on the job often apply for
federal social security disability benefits after suffering such a
condition. The federal eligibility standard for these benefits is that
the claimant is "unable to engage in substantial gainful activity."
This standard requires that an injured worker must be unable to
perform any work activity on a full-time sustained basis and is
essentially considered "totally disabled" by the social Security
Administration. A claimant whose condition is severe enough to meet
this disability standard should be eligible for permanent total
disability benefits under the workers' compensation law.

PRIOR LEGISLATIVE HISTORY :

2008: A.10880 Referred to Labor.

FISCAL IMPLICATIONS :

To be determined.

EFFECTIVE DATE :
This act shall take effect immediately.
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