Senate Bill S1799

2023-2024 Legislative Session

Relates to eligibility for classification as permanent total disability

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Labor Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1799 (ACTIVE) - Details

See Assembly Version of this Bill:
A391
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7751, A9924
2021-2022: S1024, A1220

2023-S1799 (ACTIVE) - Summary

Relates to eligibility for classification as permanent total disability; includes inability to perform the full range of sedentary work or approval for federal social security disability benefits as a result of a compensable accident or occupational disease as constituting permanent total disability.

2023-S1799 (ACTIVE) - Sponsor Memo

2023-S1799 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1799
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens.  RAMOS, BRISPORT, JACKSON, MAYER -- 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 eligibil-
   ity for classification as permanent total disability

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 15 of the workers' compensation
 law, as amended by chapter 675 of the laws of 1977, is amended  to  read
 as follows:
   1. Permanent total disability. In case of total disability adjudged to
 be  permanent  sixty-six and two-thirds per centum of the average weekly
 wages shall be paid to the employee during the continuance of such total
 disability. Loss of both hands, or both arms,  or  both  feet,  or  both
 legs,  or  both eyes, or of any two thereof, OR INABILITY TO PERFORM THE
 FULL RANGE OF SEDENTARY WORK, OR APPROVAL FOR  FEDERAL  SOCIAL  SECURITY
 DISABILITY  BENEFITS  AS  A  RESULT OF A COMPENSABLE ACCIDENT OR OCCUPA-
 TIONAL DISEASE shall, in the absence of conclusive proof to the  contra-
 ry, constitute permanent total disability.  In all other cases permanent
 total  disability  shall  be  determined  in  accordance with the facts.
 Notwithstanding any other provision of this chapter, an injured employee
 disabled due to the loss or total loss of use  of  both  eyes,  or  both
 hands,  or  both arms, or both feet, or both legs, or of any two thereof
 shall not suffer any diminution of his compensation by engaging in busi-
 ness or employment provided his earnings or wages,  when  combined  with
 his  compensation,  shall not be in excess of the wage base on which the
 maximum weekly compensation benefit is computed under the law in  effect
 at  time  of  such  earning;  further  provided, that if the combination
 exceeds such wage base, the  compensation  shall  be  diminished  to  an
 amount  which, together with his earnings or wages, shall equal the wage
 base; and further provided that  the  application  of  this  subdivision
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01590-01-3

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