S T A T E O F N E W Y O R K
________________________________________________________________________
4612
2009-2010 Regular Sessions
I N A S S E M B L Y
February 5, 2009
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Local Governments
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to increasing perma-
nent total disability benefits
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 8 of the volunteer firefighters' benefit law, as
amended by chapter 574 of the laws of 1998, is amended to read as
follows:
S 8. Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer firefighter shall be paid
four hundred FIFTY dollars for each week during the continuance thereof.
Permanent total disability, within the meaning of this section, shall
exist only if the earning capacity of the volunteer firefighter has been
lost permanently and totally as the result of the injury. The loss of
both hands, or both arms, or both feet, or both legs, or both eyes, or
any two thereof, shall, in the absence of conclusive proof to the
contrary, constitute permanent total disability, but in all other cases
permanent total disability shall be determined in accordance with the
facts. Notwithstanding any other provisions of this chapter, an injured
volunteer firefighter 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
any two thereof shall not suffer any diminution of such weekly benefit
by engaging in business or employment provided his or her weekly earn-
ings or wages, when combined with his or her weekly benefit shall not be
in excess of six hundred dollars; and further provided that the applica-
tion of this section shall not result in reduction of benefits which an
injured volunteer firefighter who is disabled due to the loss or total
loss of use of both eyes, or both hands, or both arms, or both feet, or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03460-01-9
A. 4612 2
both legs, or any two thereof would otherwise be entitled to under any
other provisions of this article.
S 2. Section 8 of the volunteer ambulance workers' benefit law, as
amended by chapter 574 of the laws of 1998, is amended to read as
follows:
S 8. Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer ambulance worker shall be
paid four hundred FIFTY dollars for each week during the continuance
thereof. Permanent total disability, within the meaning of this section,
shall exist only if the earning capacity of the volunteer ambulance
worker has been lost permanently and totally as the result of the inju-
ry. The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or any two thereof, shall, in the absence of conclusive proof
to the contrary, constitute permanent total disability, but in all other
cases permanent total disability shall be determined in accordance with
the facts. Notwithstanding any other provisions of this chapter, an
injured volunteer ambulance worker 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 any two thereof shall not suffer any diminution of such
weekly benefit by engaging in business or employment provided his or her
weekly earnings or wages, when combined with his weekly benefit shall
not be in excess of six hundred dollars; and further provided that the
application of this section shall not result in reduction of benefits
which an injured volunteer ambulance worker who is 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 any two thereof would otherwise be entitled
to under any other provisions of this article.
S 3. This act shall take effect immediately.