Senate Bill S2781

2009-2010 Legislative Session

Relates to permanent total disability

download bill text pdf

Sponsored By

Archive: Last 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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2009-S2781 (ACTIVE) - Details

See Assembly Version of this Bill:
A2135
Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: S728
2013-2014: S76
2015-2016: S1274
2017-2018: S583

2009-S2781 (ACTIVE) - Summary

Relates to permanent total disability.

2009-S2781 (ACTIVE) - Sponsor Memo

2009-S2781 (ACTIVE) - Bill Text download pdf

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

                                  2781

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 2, 2009
                               ___________

Introduced  by  Sens. ONORATO, PERKINS, SAVINO -- 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  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  APPROVAL  FOR  FEDERAL
SOCIAL SECURITY DISABILITY BENEFITS, shall, in the absence of conclusive
proof  to  the  contrary, 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 OR  HER  compensation
by  engaging  in  business or employment provided his OR HER earnings or
wages, when combined with his OR  HER  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  compen-
sation  shall be diminished to an amount which, together with his OR HER
earnings or wages, shall equal the wage base; and further provided  that
the  application  of  this  subdivision shall not result in reduction of
compensation which an injured employee 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 of any two thereof, would otherwise be entitled to
under any other provision of this section.
  S 2. This act shall take effect immediately.

              

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