senate Bill S3010A

2013-2014 Legislative Session

Relates to the applicable average weekly wage

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 28, 2014 print number 3010a
amend and recommit to labor
Jan 08, 2014 referred to labor
Jan 28, 2013 referred to labor

Bill Amendments

Original
A (Active)
Original
A (Active)

S3010 - Bill Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§2, 15 & 52, Work Comp L

S3010 - Bill Texts

view summary

Relates to the applicable average weekly wage.

view sponsor memo
BILL NUMBER:S3010

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to applicable average weekly wage

PURPOSE: To reduce the costs of unemployment insurance for employers
in areas where the average weekly wage is less than the state average.

SUMMARY OF PROVISIONS:

Section 1 defines the applicable weekly wage as the average weekly
wage of the economic development region where and employee resides or
the average weekly wage in New York State, whichever is less.

Sections 2 and 3 apply this applicable weekly wage to compensation for
disability resulting from an accident or occupational disease.

Section 4 provides for an immediate effective date.

EXISTING LAW: Compensation is based on the average weekly wage for
New York State.

JUSTIFICATION: Currently compensation for disability resulting from
an accident or occupational disease is based upon the average weekly
wage for New York State. This has the effect of giving disabled
workers in rural areas of the state an oversized amount of
compensation in relation to their cost of living. Because employers
must pay these oversized amounts of compensation, they must in turn
pay an increased amount of workers compensation insurance that bears
no relation to the costs of living and doing business in the
environment where these businesses are located. By also limiting
compensation to the average wage in the economic development region in
which the employee resides, New York will more closely align the cost
of workers' compensation insurance and compensation for injured
workers with the cost of living. This will reduce the total cost of
hiring an employee in most regions of the State, allowing employers in
these regions to increase the number of employees.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: Immediate

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3010

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- 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 applicable
  average weekly wage

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

  Section  1.  Subdivision  16 of section 2 of the workers' compensation
law, as added by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is  amended  to
read as follows:
  16.  "[New  York state] APPLICABLE average weekly wage" shall mean THE
LESSER OF: (I) the average weekly wage of the state of New York for  the
previous  calendar  year as reported by the commissioner of labor to the
superintendent of financial services on March thirty-first; OR (II)  THE
AVERAGE  WEEKLY  WAGE  OF  THE  ECONOMIC DEVELOPMENT REGION, PURSUANT TO
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
EMPLOYEE RESIDES AS REPORTED BY THE COMMISSIONER OF LABOR TO THE  SUPER-
INTENDENT  OF FINANCIAL SERVICES ON MARCH THIRTY-FIRST. PROVIDED, HOWEV-
ER, THAT THE APPLICABLE AVERAGE WEEKLY WAGE SHALL NOT BE LESS THAN SEVEN
HUNDRED NINETY-TWO DOLLARS.
  S 2. Paragraph (a) of subdivision 6 of  section  15  of  the  workers'
compensation  law,  as  amended  by  chapter 689 of the laws of 2007, is
amended to read as follows:
  (a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting  from  an  occupational  disease  that
occurs,  (1)  on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week,  that  occurs
(2)  on  or  after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or  after
January  first,  nineteen  hundred  seventy-nine,  shall  not exceed two
hundred fifteen dollars per week, that  occurs  (4)  on  or  after  July

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07470-02-3

S. 3010                             2

first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
fifty-five dollars per week, that occurs (5) on  or  after  July  first,
nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
dollars  per  week,  that  occurs  (6)  on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred  dollars  per  week,
that  occurs  (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week;  and  in  the  case  of
temporary  total  disability  shall  not be less than thirty dollars per
week and in the case of permanent total disability  shall  not  be  less
than  twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per  week  respec-
tively,  he  or she shall receive his or her full weekly wages.  Compen-
sation for permanent or temporary partial disability due to an  accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one  hundred  five  dollars  per  week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first,  nine-
teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen  hundred  ninety,
shall  not  exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly  wages.  In  no  event  shall  compensation  when
combined  with  decreased earnings or earning capacity exceed the amount
of wages which the  employee  was  receiving  at  the  time  the  injury
occurred. Compensation for permanent or temporary partial disability, or
for  permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that  occurs  (1)  on  or
after  July  first, nineteen hundred ninety-one and prior to July first,
nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
dollars  per  week; (2) on or after July first, nineteen hundred ninety-
two, shall not exceed four hundred dollars per week; nor  be  less  than
forty  dollars  per week except that if the employee's wages at the time
of injury are less than forty  dollars  per  week,  the  employee  shall
receive  his  or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total  disability  due
to  an  accident  or  disablement resulting from an occupational disease
that occurs (1) on or after July first, two  thousand  seven  shall  not
exceed  five  hundred  dollars per week, (2) on or after July first, two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on or after July first, two thousand nine shall not exceed  six  hundred
dollars  per week, and (4) on or after July first, two thousand ten, and
on or after July first of each succeeding year, shall  not  exceed  two-
thirds  of  the  [New York state] APPLICABLE average weekly wage for the
year in which it is reported. Compensation for  permanent  or  temporary
partial  disability,  or for permanent or temporary total disability due
to an accident or disablement resulting  from  an  occupational  disease
that occurs on or after July first, two thousand seven shall not be less
than one hundred dollars per week except that if the employee's wages at
the  time  of  injury  are  less  than one hundred dollars per week, the
employee shall receive his or her full wages. In no event shall  compen-
sation  when combined with decreased earnings or earning capacity exceed
the amount of wages the employee was receiving at the  time  the  injury

S. 3010                             3

occurred. Compensation for permanent or temporary partial disability, or
for  permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease or injury  that  occurred
as  a  result  of World Trade Center rescue activity by an employee of a
private voluntary hospital,  who  passed  a  physical  examination  upon
employment as a rescue worker that failed to reveal evidence of a condi-
tion that was the proximate cause of disablement or occupational disease
or  injury,  shall  not  exceed  three-quarters  of a claimant's wage on
September eleventh, two thousand one. In  no  event  shall  compensation
when  combined  with  decreased  earnings or earning capacity exceed the
amount of wages the employee was receiving on  September  eleventh,  two
thousand one.
  S  3. Subdivision 5 of section 52 of the workers' compensation law, as
amended by chapter 139 of the laws  of  2008,  is  amended  to  read  as
follows:
  5. The chair, upon finding that an employer has failed for a period of
not  less than ten consecutive days to make the provision for payment of
compensation required by section fifty of this article, may impose  upon
such  employer, in addition to all other penalties, fines or assessments
provided for in this chapter, a penalty of two thousand dollars for each
ten day period of non-compliance or a sum not in excess of two times the
cost of compensation for its payroll for the  period  of  such  failure,
which sum shall be paid into the uninsured employers' fund created under
section  twenty-six-a of this chapter. When an employer fails to provide
business records sufficient to enable the chair to determine the employ-
er's payroll for the period requested for the calculation of the penalty
provided in this section, the imputed weekly payroll for each  employee,
corporate  officer,  sole  proprietor, or partner shall be the [New York
state] APPLICABLE average weekly wage,  multiplied  by  1.5.  Where  the
employer is a corporation, the president, secretary and treasurer there-
of  shall be liable for the penalty. If the employer shall within thirty
days after notice of the imposition of a penalty by the  chair  pursuant
to this subdivision make an application in affidavit form for a redeter-
mination  review  of  such penalty the chairman shall make a decision in
writing on the issues raised on such application.
  S 4. This act shall take effect immediately.

S3010A (ACTIVE) - Bill Details

Current Committee:
Senate Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §§2, 15 & 52, Work Comp L

S3010A (ACTIVE) - Bill Texts

view summary

Relates to the applicable average weekly wage.

view sponsor memo
BILL NUMBER:S3010A

TITLE OF BILL: An act to amend the workers' compensation law, in
relation to applicable average weekly wage

PURPOSE: To reduce the costs of unemployment insurance for employers in
areas where the average weekly wage is less than the state average.

SUMMARY OF PROVISIONS:

Section 1 defines the applicable weekly wage as the average weekly wage
of the economic development region where an employee resides or the
average weekly wage in New York State, whichever is less.

Sections 2 and 3 apply this applicable weekly wage to compensation for
disability resulting from an accident or occupational disease.

Section 4 provides for an immediate effective date.

EXISTING LAW: Compensation is based on the average weekly wage for New
York State.

JUSTIFICATION: Currently, compensation for disability resulting from an
accident or occupational disease is based upon the average weekly wage
for New York State. This has the effect of giving disabled workers in
rural areas of the state an oversized amount of compensation in relation
to their cost of living. Because employers must pay these oversized
amounts of compensation, they must in turn pay an increased amount of
workers' compensation insurance that bears no relation to the costs of
living and doing business in the environment where these businesses are
located. By also limiting compensation to the average wage in the
economic development region in which the employee resides, New York will
more closely align the cost of workers' compensation insurance and
compensation for injured workers with the cost of living. This will
reduce the total cost of hiring an employee in most regions of the
State, allowing employers in these regions to increase the number of
employees.

LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: Immediate

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3010--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor  --  recommitted  to
  the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the workers' compensation law, in relation to applicable
  average weekly wage

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

  Section 1. Subdivision 16 of section 2 of  the  workers'  compensation
law, as added by chapter 6 of the laws of 2007 and as further amended by
section  104  of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
  16. "[New York state] APPLICABLE average weekly wage" shall  mean  THE
LESSER  OF: (I) the average weekly wage of the state of New York for the
previous calendar year as reported by the commissioner of labor  to  the
superintendent  of financial services on March thirty-first; OR (II) THE
AVERAGE WEEKLY WAGE OF THE  ECONOMIC  DEVELOPMENT  REGION,  PURSUANT  TO
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
EMPLOYEE  RESIDES AS REPORTED BY THE COMMISSIONER OF LABOR TO THE SUPER-
INTENDENT OF FINANCIAL SERVICES ON MARCH THIRTY-FIRST. PROVIDED,  HOWEV-
ER, THAT THE APPLICABLE AVERAGE WEEKLY WAGE SHALL NOT BE LESS THAN SEVEN
HUNDRED NINETY-TWO DOLLARS.
  S  2.  Paragraph  (a)  of  subdivision 6 of section 15 of the workers'
compensation law, as amended by section 7-a of part GG of chapter 57  of
the laws of 2013, is amended to read as follows:
  (a) Compensation for permanent or temporary total disability due to an
accident  or  disablement  resulting  from  an occupational disease that
occurs, (1) on or after January first, nineteen  hundred  seventy-eight,
shall  not  exceed one hundred twenty-five dollars per week, that occurs
(2) on or after July first, nineteen hundred  seventy-eight,  shall  not

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07470-03-4

S. 3010--A                          2

exceed  one hundred eighty dollars per week, that occurs (3) on or after
January first, nineteen  hundred  seventy-nine,  shall  not  exceed  two
hundred  fifteen  dollars  per  week,  that  occurs (4) on or after July
first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
fifty-five dollars per week, that occurs (5) on  or  after  July  first,
nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6)  on  or  after  July  first,  nineteen
hundred  eighty-five,  shall  not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred  ninety,  shall
not  exceed  three  hundred  forty  dollars per week; and in the case of
temporary total disability shall not be less  than  thirty  dollars  per
week  and  in  the  case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at  the
time  of  injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages.    Compen-
sation  for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs  (2)  on  or  after  July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five  dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
hundred eighty-five, shall not exceed  one  hundred  fifty  dollars  per
week,  that  occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be  less  than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his  or  her  full  weekly  wages.  In  no event shall compensation when
combined with decreased earnings or earning capacity exceed  the  amount
of  wages  which  the  employee  was  receiving  at  the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or  disa-
blement  resulting  from  an  occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to  July  first,
nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty
dollars per week; (2) on or after July first, nineteen  hundred  ninety-
two,  shall  not  exceed four hundred dollars per week; nor be less than
forty dollars per week except that if the employee's wages at  the  time
of  injury  are  less  than  forty  dollars per week, the employee shall
receive his or her full wages. Compensation for permanent  or  temporary
partial  disability,  or for permanent or temporary total disability due
to an accident or disablement resulting  from  an  occupational  disease
that  occurs  (1)  on  or after July first, two thousand seven shall not
exceed five hundred dollars per week, (2) on or after  July  first,  two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on  or  after July first, two thousand nine shall not exceed six hundred
dollars per week, and (4) on or after July first, two thousand ten,  and
on  or  after  July first of each succeeding year, shall not exceed two-
thirds of the [New York state] APPLICABLE average weekly  wage  for  the
year  in  which  it is reported. Compensation for permanent or temporary
partial disability, or for permanent or temporary total  disability  due
to  an  accident  or  disablement resulting from an occupational disease
that occurs on or after July first, two thousand seven shall not be less
than one hundred dollars per week except that if the employee's wages at
the time of injury are less than  one  hundred  dollars  per  week,  the

S. 3010--A                          3

employee  shall  receive his or her full wages.  Compensation for perma-
nent or temporary partial disability,  or  for  permanent  or  temporary
total  disability  due  to  an accident or disablement resulting from an
occupational  disease  that  occurs  on or after May first, two thousand
thirteen shall not be less than  one  hundred  fifty  dollars  per  week
except  that if the employee's wages at the time of injury are less than
one hundred fifty dollars per week, the employee shall  receive  his  or
her  full  wages.  In  no  event  shall  compensation when combined with
decreased earnings or earning capacity exceed the amount  of  wages  the
employee was receiving at the time the injury occurred. Compensation for
permanent or temporary partial disability, or for permanent or temporary
total  disability  due  to  an accident or disablement resulting from an
occupational disease or injury that occurred as a result of World  Trade
Center  rescue  activity by an employee of a private voluntary hospital,
who passed a physical examination upon employment  as  a  rescue  worker
that  failed  to  reveal  evidence of a condition that was the proximate
cause of disablement or occupational disease or injury, shall not exceed
three-quarters of a claimant's wage on September eleventh, two  thousand
one.  In  no event shall compensation when combined with decreased earn-
ings or earning capacity exceed the amount of  wages  the  employee  was
receiving on September eleventh, two thousand one.
  S  3. Subdivision 5 of section 52 of the workers' compensation law, as
amended by section 19 of part GG of chapter 57 of the laws of  2013,  is
amended to read as follows:
  5. The chair, upon finding that an employer has failed for a period of
not  less than ten consecutive days to make the provision for payment of
compensation required by section fifty of this article, may impose  upon
such  employer, in addition to all other penalties, fines or assessments
provided for in this chapter, a penalty of up to  two  thousand  dollars
for  each ten day period of non-compliance or a sum not in excess of two
times the cost of compensation for its payroll for the  period  of  such
failure,  which  sum  shall  be  paid into the uninsured employers' fund
created under section twenty-six-a of this  chapter.  When  an  employer
fails  to  provide  business  records  sufficient to enable the chair to
determine the employer's payroll for the period requested for the calcu-
lation of the penalty provided  in  this  section,  the  imputed  weekly
payroll  for each employee, corporate officer, sole proprietor, or part-
ner shall be the [New York state] APPLICABLE average weekly wage, multi-
plied by 1.5. Where the employer is a corporation, the president, secre-
tary and treasurer thereof shall be  liable  for  the  penalty.  If  the
employer  shall  within  thirty days after notice of the imposition of a
penalty by the chair pursuant to this subdivision make an application in
affidavit form for a redetermination review of such  penalty  the  chair
shall  make  a decision in writing on the issues raised on such applica-
tion.
  S 4. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.