senate Bill S3010

Amended

Relates to the applicable average weekly wage

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Bill Status


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

  • 28 / Jan / 2013
    • REFERRED TO LABOR
  • 08 / Jan / 2014
    • REFERRED TO LABOR
  • 28 / Jan / 2014
    • AMEND AND RECOMMIT TO LABOR
  • 28 / Jan / 2014
    • PRINT NUMBER 3010A

Summary

Relates to the applicable average weekly wage.

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Bill Details

Versions:
S3010
S3010A
Legislative Cycle:
2013-2014
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยงยง2, 15 & 52, Work Comp L

Sponsor Memo

BILL NUMBER:S3010

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to applicable average weekly wage

PURPOSE: To reduce the costs of unemployment insurance for employers
in areas where the average weekly wage is less than the state average.

SUMMARY OF PROVISIONS:

Section 1 defines the applicable weekly wage as the average weekly
wage of the economic development region where and employee resides or
the average weekly wage in New York State, whichever is less.

Sections 2 and 3 apply this applicable weekly wage to compensation for
disability resulting from an accident or occupational disease.

Section 4 provides for an immediate effective date.

EXISTING LAW: Compensation is based on the average weekly wage for
New York State.

JUSTIFICATION: Currently compensation for disability resulting from
an accident or occupational disease is based upon the average weekly
wage for New York State. This has the effect of giving disabled
workers in rural areas of the state an oversized amount of
compensation in relation to their cost of living. Because employers
must pay these oversized amounts of compensation, they must in turn
pay an increased amount of workers compensation insurance that bears
no relation to the costs of living and doing business in the
environment where these businesses are located. By also limiting
compensation to the average wage in the economic development region in
which the employee resides, New York will more closely align the cost
of workers' compensation insurance and compensation for injured
workers with the cost of living. This will reduce the total cost of
hiring an employee in most regions of the State, allowing employers in
these regions to increase the number of employees.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: Immediate

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3010

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 applicable
  average weekly wage

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  16 of section 2 of the workers' compensation
law, as added by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is  amended  to
read as follows:
  16.  "[New  York state] APPLICABLE average weekly wage" shall mean THE
LESSER OF: (I) the average weekly wage of the state of New York for  the
previous  calendar  year as reported by the commissioner of labor to the
superintendent of financial services on March thirty-first; OR (II)  THE
AVERAGE  WEEKLY  WAGE  OF  THE  ECONOMIC DEVELOPMENT REGION, PURSUANT TO
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
EMPLOYEE RESIDES AS REPORTED BY THE COMMISSIONER OF LABOR TO THE  SUPER-
INTENDENT  OF FINANCIAL SERVICES ON MARCH THIRTY-FIRST. PROVIDED, HOWEV-
ER, THAT THE APPLICABLE AVERAGE WEEKLY WAGE SHALL NOT BE LESS THAN SEVEN
HUNDRED NINETY-TWO DOLLARS.
  S 2. Paragraph (a) of subdivision 6 of  section  15  of  the  workers'
compensation  law,  as  amended  by  chapter 689 of the laws of 2007, is
amended to read as follows:
  (a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting  from  an  occupational  disease  that
occurs,  (1)  on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week,  that  occurs
(2)  on  or  after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or  after
January  first,  nineteen  hundred  seventy-nine,  shall  not exceed two
hundred fifteen dollars per week, that  occurs  (4)  on  or  after  July

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07470-02-3

S. 3010                             2

first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
fifty-five dollars per week, that occurs (5) on  or  after  July  first,
nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
dollars  per  week,  that  occurs  (6)  on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred  dollars  per  week,
that  occurs  (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week;  and  in  the  case  of
temporary  total  disability  shall  not be less than thirty dollars per
week and in the case of permanent total disability  shall  not  be  less
than  twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per  week  respec-
tively,  he  or she shall receive his or her full weekly wages.  Compen-
sation for permanent or temporary partial disability due to an  accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one  hundred  five  dollars  per  week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first,  nine-
teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen  hundred  ninety,
shall  not  exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly  wages.  In  no  event  shall  compensation  when
combined  with  decreased earnings or earning capacity exceed the amount
of wages which the  employee  was  receiving  at  the  time  the  injury
occurred. Compensation for permanent or temporary partial disability, or
for  permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that  occurs  (1)  on  or
after  July  first, nineteen hundred ninety-one and prior to July first,
nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
dollars  per  week; (2) on or after July first, nineteen hundred ninety-
two, shall not exceed four hundred dollars per week; nor  be  less  than
forty  dollars  per week except that if the employee's wages at the time
of injury are less than forty  dollars  per  week,  the  employee  shall
receive  his  or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total  disability  due
to  an  accident  or  disablement resulting from an occupational disease
that occurs (1) on or after July first, two  thousand  seven  shall  not
exceed  five  hundred  dollars per week, (2) on or after July first, two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on or after July first, two thousand nine shall not exceed  six  hundred
dollars  per week, and (4) on or after July first, two thousand ten, and
on or after July first of each succeeding year, shall  not  exceed  two-
thirds  of  the  [New York state] APPLICABLE average weekly wage for the
year in which it is reported. Compensation for  permanent  or  temporary
partial  disability,  or for permanent or temporary total disability due
to an accident or disablement resulting  from  an  occupational  disease
that occurs on or after July first, two thousand seven shall not be less
than one hundred dollars per week except that if the employee's wages at
the  time  of  injury  are  less  than one hundred dollars per week, the
employee shall receive his or her full wages. In no event shall  compen-
sation  when combined with decreased earnings or earning capacity exceed
the amount of wages the employee was receiving at the  time  the  injury

S. 3010                             3

occurred. Compensation for permanent or temporary partial disability, or
for  permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease or injury  that  occurred
as  a  result  of World Trade Center rescue activity by an employee of a
private voluntary hospital,  who  passed  a  physical  examination  upon
employment as a rescue worker that failed to reveal evidence of a condi-
tion that was the proximate cause of disablement or occupational disease
or  injury,  shall  not  exceed  three-quarters  of a claimant's wage on
September eleventh, two thousand one. In  no  event  shall  compensation
when  combined  with  decreased  earnings or earning capacity exceed the
amount of wages the employee was receiving on  September  eleventh,  two
thousand one.
  S  3. Subdivision 5 of section 52 of the workers' compensation law, as
amended by chapter 139 of the laws  of  2008,  is  amended  to  read  as
follows:
  5. The chair, upon finding that an employer has failed for a period of
not  less than ten consecutive days to make the provision for payment of
compensation required by section fifty of this article, may impose  upon
such  employer, in addition to all other penalties, fines or assessments
provided for in this chapter, a penalty of two thousand dollars for each
ten day period of non-compliance or a sum not in excess of two times the
cost of compensation for its payroll for the  period  of  such  failure,
which sum shall be paid into the uninsured employers' fund created under
section  twenty-six-a of this chapter. When an employer fails to provide
business records sufficient to enable the chair to determine the employ-
er's payroll for the period requested for the calculation of the penalty
provided in this section, the imputed weekly payroll for each  employee,
corporate  officer,  sole  proprietor, or partner shall be the [New York
state] APPLICABLE average weekly wage,  multiplied  by  1.5.  Where  the
employer is a corporation, the president, secretary and treasurer there-
of  shall be liable for the penalty. If the employer shall within thirty
days after notice of the imposition of a penalty by the  chair  pursuant
to this subdivision make an application in affidavit form for a redeter-
mination  review  of  such penalty the chairman shall make a decision in
writing on the issues raised on such application.
  S 4. This act shall take effect immediately.

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