S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1237
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the weekly
   benefit of a disabled employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (b) of subdivision 2 of section 204 of the  work-
 ers'  compensation law, as amended by section 5 of part SS of chapter 54
 of the laws of 2016, is amended to read as follows:
   (b) THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  DISABILITY  COMMENCING: (I) ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-FIVE SHALL BE FIFTY PERCENT OF  THE  EMPLOYEE'S  AVERAGE
 WEEKLY  WAGE  BUT  SHALL  NOT  EXCEED FIFTY PERCENT OF THE STATE AVERAGE
 WEEKLY WAGE; (II) ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  TWENTY-SIX
 SHALL  BE  FIFTY-FIVE  PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT
 SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE  AVERAGE  WEEKLY  WAGE;
 (III)  ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND TWENTY-SEVEN SHALL BE
 SIXTY PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT SHALL NOT EXCEED
 SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND  (IV)  ON  OR  AFTER
 JANUARY  FIRST  OF EACH SUCCEEDING YEAR, SHALL BE SIXTY-SEVEN PERCENT OF
 THE EMPLOYEE'S AVERAGE WEEKLY WAGE  BUT  SHALL  NOT  EXCEED  SIXTY-SEVEN
 PERCENT  OF  THE STATE AVERAGE WEEKLY WAGE. The weekly benefit which the
 disabled employee is entitled to receive for disability commencing on or
 after May first, nineteen  hundred  eighty-nine  AND  PRIOR  TO  JANUARY
 FIRST,  TWO  THOUSAND  TWENTY-FIVE  shall  be one-half of the employee's
 weekly wage, but in no case shall such benefit exceed one hundred seven-
 ty dollars; except that if the employee's average weekly  wage  is  less
 than  twenty dollars, the benefit shall be such average weekly wage. The
 weekly benefit which the disabled employee is entitled  to  receive  for
 disability  commencing  on or after July first, nineteen hundred eighty-
 four shall be one-half of the employee's weekly wage,  but  in  no  case
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02619-01-3
              

 A. 1237                             2
 
 shall such benefit exceed one hundred forty-five dollars; except that if
 the  employee's  average  weekly  wage  is less than twenty dollars, the
 benefit shall be such average weekly wage. The weekly benefit which  the
 disabled employee is entitled to receive for disability commencing on or
 after July first, nineteen hundred eighty-three and prior to July first,
 nineteen hundred eighty-four shall be one-half of the employee's average
 weekly  wage, but in no case shall such benefit exceed one hundred thir-
 ty-five dollars nor be less than twenty  dollars;  except  that  if  the
 employee's  average  weekly wage is less than twenty dollars the benefit
 shall be such average weekly wage. The weekly benefit which the disabled
 employee is entitled to receive for disability commencing  on  or  after
 July  first,  nineteen  hundred  seventy-four,  and prior to July first,
 nineteen hundred eighty-three, shall be one-half of the employee's aver-
 age weekly wage, but in no case shall such  benefit  exceed  ninety-five
 dollars  nor  be less than twenty dollars; except that if the employee's
 average weekly wage is less than twenty dollars, the  benefit  shall  be
 such average weekly wage. The weekly benefit which the disabled employee
 is entitled to receive for disability commencing on or after July first,
 nineteen  hundred  seventy  and  prior  to  July first, nineteen hundred
 seventy-four shall be one-half of the employee's  average  weekly  wage,
 but  in  no  case  shall such benefit exceed seventy-five dollars nor be
 less than twenty dollars; except that if the employee's  average  weekly
 wage is less than twenty dollars the benefit shall be such average week-
 ly  wage.  For any period of disability less than a full week, the bene-
 fits payable shall be calculated by dividing the weekly benefit  by  the
 number  of  the employee's normal work days per week and multiplying the
 quotient by the number of normal work days in such period of disability.
 The weekly benefit for a disabled employee who is concurrently  eligible
 for  benefits in the employment of more than one covered employer shall,
 within the maximum and minimum herein provided, be one-half of the total
 of the employee's average weekly wages received from  all  such  covered
 employers,  and shall be allocated in the proportion of their respective
 average weekly wage payments.
   § 2. This act shall take effect immediately.