S T A T E   O F   N E W   Y O R K
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                                  8151

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2009
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Labor

AN ACT to amend the workers' compensation law, in relation to increasing
  the maximum weekly benefit payable to a disabled employee

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

  Section  1.  Subdivision 2 of section 204 of the workers' compensation
law, as amended by chapter 38 of the laws of 1989, is amended to read as
follows:
  2.  THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
RECEIVE  FOR DISABILITY COMMENCING (I) ON OR AFTER JULY FIRST, TWO THOU-
SAND TEN AND PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN SHALL BE  ONE-HALF
OF  THE EMPLOYEE'S WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED
THREE HUNDRED EIGHTY DOLLARS, AND (II) ON OR AFTER JULY FIRST, TWO THOU-
SAND ELEVEN SHALL BE ONE-HALF OF THE EMPLOYEE'S WEEKLY WAGE, BUT  IN  NO
CASE  SHALL  SUCH BENEFIT EXCEED FOUR HUNDRED FORTY 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 May first, nineteen hundred eighty-nine shall be one-half  of  the
employee's  weekly  wage,  but  in no case shall such benefit exceed one
hundred seventy 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 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 bene-
fit which the disabled employee is entitled to  receive  for  disability
commencing  on  or  after  July first, nineteen hundred eighty-three and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11034-01-9
              

A. 8151                             2

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 thirty-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  bene-
fit  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  average  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  aver-
age  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 weekly wage.  For any period of disability less than a full
week, the benefits 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 peri-
od 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 propor-
tion of their respective average weekly wage payments.
  S 2. This act shall take effect immediately.