senate Bill S3010A

2013-2014 Legislative Session

Relates to the applicable average weekly wage

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Archive: Last Bill Status - In Senate Committee


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

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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

S3010 - Details

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

S3010 - Summary

Relates to the applicable average weekly wage.

S3010 - Sponsor Memo

S3010 - Bill 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

S3010A (ACTIVE) - Details

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

S3010A (ACTIVE) - Summary

Relates to the applicable average weekly wage.

S3010A (ACTIVE) - Sponsor Memo

S3010A (ACTIVE) - Bill 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

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