|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to labor|
|Apr 22, 2013||reported and committed to finance|
|Jan 09, 2013||referred to labor|
senate Bill S76
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S76 - Details
S76 - Sponsor Memo
BILL NUMBER:S76 TITLE OF BILL: An act to amend the workers' compensation law, in relation to permanent total disability PURPOSE OR GENERAL IDEA OF BILL: This bill will create a presumption of permanent total disability for claimants who are found eligible for federal social security disability benefits. SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends § 15(1) of the workers' compensation law to allow claimants who are approved for social security disability benefits to be considered permanently totally disabled in the absence of conclusive proof to the contrary. JUSTIFICATION: Workers who are injured or become ill on the job often apply for federal social security disability benefits after suffering such a condition. The federal eligibility standard for these benefits is that the claimant is "unable to engage in substantial gainful activity." This standard requires that an injured worker must be unable to perform any work activity on a full-time sustained basis and is essentially considered "totally disabled" by the social
S76 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 76 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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.