S T A T E O F N E W Y O R K
________________________________________________________________________
8867
I N A S S E M B L Y
(PREFILED)
January 4, 2012
___________
Introduced by M. of A. PAULIN, ABINANTI, JAFFEE, STEVENSON -- Multi-
Sponsored by -- M. of A. LATIMER, McENENY, ROBERTS, SWEENEY -- read
once and referred to the Committee on Local Governments
AN ACT to amend the volunteer ambulance workers' benefit law, in
relation to increasing disability benefit levels
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 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] EIGHT hundred 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13689-01-1
A. 8867 2
S 2. Section 9 of the volunteer ambulance workers' benefit law, as
amended by chapter 924 of the laws of 1990, is amended to read as
follows:
S 9. Temporary total disability benefits. In the case of temporary
total disability the volunteer ambulance worker shall be paid [three]
EIGHT hundred dollars for each week during the continuance thereof[;
provided, however, that when the volunteer ambulance worker is injured
in the line of duty on or after the effective date of this chapter to
June thirtieth, nineteen hundred ninety; further provided, that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety to June thirtieth, nineteen hundred
ninety-one, said ambulance worker shall receive three hundred forty
dollars per week during the continuance thereof, and further provided,
that when a volunteer ambulance worker is injured in the line of duty on
or after July first, nineteen hundred ninety-one to June thirtieth,
nineteen hundred ninety-two, said ambulance worker shall receive three
hundred fifty dollars per week during the continuance thereof; provided
further that when a volunteer ambulance worker is injured in the line of
duty on or after July first, nineteen hundred ninety-two such ambulance
worker shall be paid four hundred dollars for each week during the
continuance thereof]. Temporary total disability, within the meaning of
this section, shall exist only if the earning capacity of the volunteer
ambulance worker has been lost temporarily and totally as the result of
the injury. In case of temporary total disability and permanent partial
disability both resulting from the same injury, if the temporary total
disability continues for a longer period than the number of weeks set
forth in the following schedule, the period of temporary total disabili-
ty in excess of such number of weeks shall be added to the period
provided in section ten of this chapter: arm, thirty-two weeks; leg,
forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
than great toe, eight weeks. In any case resulting in loss or partial
loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
where the temporary total disability does not extend beyond the periods
above mentioned for such injury, benefits shall be limited to the sched-
ule contained in section ten of this chapter.
S 3. The opening paragraph and subparagraph 1 of paragraph g of subdi-
vision 1 of section 10 of the volunteer ambulance workers' benefit law,
the opening paragraph as amended by chapter 21 of the laws of 1991 and
subparagraph 1 as amended by chapter 924 of the laws of 1990, are
amended to read as follows:
In the case of disability partial in character, but permanent in qual-
ity, the volunteer ambulance worker, injured in the line of duty shall
be paid [one hundred fifty dollars for each week for the period speci-
fied in this subdivision, provided, however, that when the volunteer
ambulance worker is injured in the line of duty on or after the effec-
tive date of this chapter to and including June thirtieth, nineteen
hundred ninety, and provided further that when the volunteer ambulance
worker is injured in the line of duty on or after July first, nineteen
hundred ninety to and including June thirtieth, nineteen hundred nine-
ty-one such payments shall be two hundred eighty dollars for each week,
and provided further that when the volunteer ambulance worker is injured
in the line of duty on or after July first, nineteen hundred ninety-one
to and including June thirtieth, nineteen hundred ninety-two such
A. 8867 3
payments shall be three hundred fifty dollars for each week; and
provided further that when the volunteer ambulance worker is injured in
the line of duty on or after July first, nineteen hundred ninety-two
such payments shall be four] EIGHT hundred dollars for each week as
follows:
(1) If the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid [one hundred fifty dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this chap-
ter to and including June thirtieth, nineteen hundred ninety, provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after July first, nineteen hundred ninety to and including
June thirtieth, nineteen hundred ninety-one such payment shall be two
hundred eighty dollars for each week, and provided further that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen hundred ninety-two such payment shall be three hundred fifty
dollars for each week; and provided further that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety-two such payments shall be four] EIGHT hundred
dollars for each week.
S 4. Subdivision 1 of section 11 of the volunteer ambulance workers'
benefit law, as amended by chapter 924 of the laws of 1990, is amended
to read as follows:
1. If the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid [one hundred fifty dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this chap-
ter to and including June thirtieth, nineteen hundred ninety, provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after July first, nineteen hundred ninety to and including
June thirtieth, nineteen hundred ninety-one, such payment shall be two
hundred eighty dollars for each week, provided, however, that when the
volunteer ambulance worker is injured in the line of duty on or after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen hundred ninety-two, such payment shall be three hundred fifty
dollars for each week; and provided further that when the volunteer
ambulance worker is injured in the line of duty on or after July first,
nineteen hundred ninety-two such payments shall be four] EIGHT hundred
dollars for each week.
S 5. This act shall take effect on the first day of July next succeed-
ing the date on which it shall have become a law and shall apply by its
terms to benefits paid for all weekly benefit periods which occur after
its effective date.