Assembly Bill A6165A

2015-2016 Legislative Session

Relates to permanent total disability for purposes of workers' compensation

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-A6165 - Details

See Senate Version of this Bill:
S1274
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2781
2011-2012: S728
2013-2014: A6862, S76
2017-2018: S583

2015-A6165 - Summary

Provides that a workers' compensation claimant shall be deemed to have a permanent total disability when such claimant has been approved for federal social security disability benefits substantially as a result of a compensable injury or illness.

2015-A6165 - Bill Text download pdf

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

                                  6165

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced by M. of A. CRESPO -- read once and referred 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
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, would otherwise be entitled to
under any other provision of this section.
  S 2. This act shall take effect immediately.

              

2015-A6165A (ACTIVE) - Details

See Senate Version of this Bill:
S1274
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2781
2011-2012: S728
2013-2014: A6862, S76
2017-2018: S583

2015-A6165A (ACTIVE) - Summary

Provides that a workers' compensation claimant shall be deemed to have a permanent total disability when such claimant has been approved for federal social security disability benefits substantially as a result of a compensable injury or illness.

2015-A6165A (ACTIVE) - Bill Text download pdf

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

                                 6165--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2015
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on  Labor  -- recommitted to the Committee on Labor in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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  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.    WHERE,  HOWEVER,  THE  EMPLOYEE  HAS  BEEN
APPROVED  FOR  FEDERAL SOCIAL SECURITY DISABILITY BENEFITS SUBSTANTIALLY
AS A RESULT OF A COMPENSABLE INJURY OR ILLNESS, IT SHALL BE PRESUMED, IN
THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY, THAT HE OR  SHE  IS
PERMANENTLY  TOTALLY  DISABLED.  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 compen-
sation benefit is computed under the law in effect at time of such earn-
ing; further provided, that if the combination exceeds such  wage  base,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00374-03-6
              

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