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Assembly Bill A2891

2009-2010 Legislative Session

Provides determination for partial disability and establishes objective medical guidelines, a benefit evaluation commission and pharmaceutical fee schedules; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A2891 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Rpld & add §15 sub 3, amd §§15, 25, 50, 13, 13-a, 114 & 136, add §§15-a, 15-b & 114-d, Work Comp L
Versions Introduced in 2011-2012 Legislative Session:
A6711

2009-A2891 (ACTIVE) - Summary

Relates to permanent partial disability; provides that such permanent partial disability shall be based on the objective medical guidelines for determination of percentage or permanent impairment; sets forth compensation, entitlement and claim provisions; establishes objective medical guidelines, a benefit evaluation commission and pharmaceutical fee schedules

2009-A2891 (ACTIVE) - Bill Text download pdf

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

                                  2891

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced by M. of A. KOLB, REILICH, BACALLES, BURLING, BARCLAY, HAWLEY
  --  Multi-Sponsored  by  --  M.  of  A. CALHOUN, COOK, CORWIN, CROUCH,
  DUPREY, ERRIGO, GIGLIO, OAKS, SAYWARD -- read once and referred to the
  Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  permanent
  partial disability, establishing objective medical guidelines, a bene-
  fit evaluation commission and pharmaceutical fee schedule, and provid-
  ing  for  penalties  for  workers'  compensation  fraud; and repealing
  certain provisions of such law relating thereto

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

  Section  1.   Subdivision 3 of section 15 of the workers' compensation
law is REPEALED and a new subdivision 3 is added to read as follows:
  3. PERMANENT PARTIAL DISABILITY. A. IN CASE OF DISABILITY  PARTIAL  IN
CHARACTER  BUT  PERMANENT IN QUALITY, THAT OCCURS ON OR AFTER THE ESTAB-
LISHMENT OF OBJECTIVE MEDICAL GUIDELINES PURSUANT TO  SECTION  FIFTEEN-A
OF  THIS  ARTICLE,  THE  COMPENSATION  SHALL  BE EXCLUSIVELY BASED ON AN
IMPAIRMENT RATING ESTABLISHED PURSUANT  TO  SECTION  FIFTEEN-A  OF  THIS
ARTICLE.
  B.  COMPENSATION  UNDER  THIS SUBDIVISION SHALL BE PAID AT THE RATE OF
SIXTY-SIX AND TWO-THIRDS PER CENTUM  OF  THE  INJURED  WORKER'S  AVERAGE
WEEKLY  WAGES, NOT TO EXCEED THE MAXIMUM WEEKLY BENEFIT FOR PERMANENT OR
TEMPORARY PARTIAL DISABILITY OR FOR PERMANENT OR TEMPORARY  TOTAL  DISA-
BILITY.
  C.  A  CLAIMANT'S  ENTITLEMENT  TO COMPENSATION UNDER THIS SUBDIVISION
BEGINS THE DAY AFTER THE CLAIMANT REACHES  MAXIMUM  MEDICAL  IMPROVEMENT
AND  CONTINUES  UNTIL  THE  EARLIER  OF:  (1) THE EXPIRATION OF A PERIOD
COMPUTED AT THE RATE OF THREE WEEKS FOR EACH PERCENTAGE POINT OF IMPAIR-
MENT; OR (2) THE DEATH OF THE CLAIMANT.
  D. SUPPLEMENTAL BENEFITS SHALL BE PAYABLE TO AN INJURED WORKER WHO, AT
THE EXPIRATION OF THE PERIOD IN SUBPARAGRAPH ONE OF PARAGRAPH C OF  THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05087-01-9
              

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