senate Bill S5294

2013-2014 Legislative Session

Relates to establishing statutory guidelines for return to work by partially disabled workers

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Archive: Last Bill Status - In 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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 14, 2014 advanced to third reading
May 13, 2014 2nd report cal.
May 12, 2014 1st report cal.600
Jan 08, 2014 referred to labor
Jun 21, 2013 committed to rules
Jun 05, 2013 advanced to third reading
Jun 04, 2013 2nd report cal.
Jun 03, 2013 1st report cal.953
May 16, 2013 referred to labor

Votes

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May 12, 2014 - Labor committee Vote

S5294
9
0
committee
9
Aye
0
Nay
6
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: May 12, 2014

excused (1)

Jun 3, 2013 - Labor committee Vote

S5294
10
1
committee
10
Aye
1
Nay
5
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Co-Sponsors

S5294 - Details

See Assembly Version of this Bill:
A7961
Current Committee:
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L

S5294 - Summary

Provides that benefits for partially disabled workers who have actual earnings shall be based on such earnings; provides that benefits for partially disabled workers who have no actual earnings shall be based on their wage earning capacity.

S5294 - Sponsor Memo

S5294 - Bill Text download pdf

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

                                  5294

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  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 establish-
  ing statutory guidelines for return  to  work  by  partially  disabled
  workers

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

  Section 1. Subdivisions 5-a and 5-b of  section  15  of  the  workers'
compensation  law, subdivision 5-a as amended by chapter 113 of the laws
of 1946 and subdivision 5-b as added by chapter 778 of the laws of 1945,
are amended to read as follows:
  5-a.  Determination  of  wage  earning  capacity  IN  CASE  OF  ACTUAL
EARNINGS.  The  wage earning capacity of an injured employee in cases of
partial  disability  shall  be  determined  by  his   actual   earnings,
[provided, however, that if he has no such actual earnings the board may
in  the  interest  of justice fix such wage earning capacity as shall be
reasonable, but not in excess of seventy-five per centum of  his  former
full time actual earnings, having due regard to the nature of his injury
and his physical impairment] IF ANY.
  5-b. DETERMINATION OF WAGE EARNING CAPACITY IN ABSENCE OF ACTUAL EARN-
INGS.  THE  WAGE  EARNING  CAPACITY  OF  AN INJURED EMPLOYEE IN CASES OF
PARTIAL DISABILITY SHALL, IN THE ABSENCE OF ACTUAL EARNINGS,  BE  DETER-
MINED  BY THE BOARD. THE BOARD SHALL IN THE INTEREST OF JUSTICE FIX SUCH
WAGE EARNING CAPACITY AS MAY BE REASONABLE, BUT NOT IN EXCESS OF  SEVEN-
TY-FIVE  PER  CENTUM  OF  THE INJURED EMPLOYEE'S FORMER FULL TIME ACTUAL
EARNINGS, HAVING DUE REGARD  TO  THE  NATURE  OF  THE  INJURY,  PHYSICAL
IMPAIRMENT,  AND  OTHER  RELEVANT FACTORS. THE BOARD SHALL AWARD COMPEN-
SATION BASED ON THE INJURED EMPLOYEE'S LOSS OF WAGE EARNING CAPACITY.
  (A) VOLUNTARY WITHDRAWAL FROM THE LABOR MARKET.   NOTWITHSTANDING  ANY
PROVISION  TO  THE CONTRARY, THE BOARD MAY DECLINE TO AWARD COMPENSATION
IF IT FINDS THAT THE INJURED EMPLOYEE HAS VOLUNTARILY WITHDRAWN FROM THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11028-01-3

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