NY State Senate Bill 2015-S1274A

Archive: Last Bill Status - In Senate Committee Labor 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2016	print number 1274a
Mar 10, 2016	amend and recommit to labor
Jan 06, 2016	referred to labor
Jan 09, 2015	referred to labor

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2015-S1274 - Details

See Assembly Version of this Bill:: A6165
Current Committee:: Senate 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: S76, A6862
2017-2018: S583

2015-S1274 - 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-S1274 - Sponsor Memo

                                BILL NUMBER:S1274                   Received 05/21/15

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 Security
Administration. A claimant whose condition is severe enough to meet
this disability standard should be eligible for permanent total
disability benefits under the workers' compensation law.

PRIOR LEGISLATIVE HISTORY:

2013-2014 - S.76
2011-12: S.728
2009-10: S.2781 Referred to Labor
2008: A.10880 Referred to Labor

FISCAL IMPLICATIONS:

Cost savings to the State are expected, specifically due to
anticipated reduction in litigation. A recent survey by the Injured
Workers' Bar Association and Safety Net Reports for 2008, 2009, and
2010 demonstrate that: a) most permanently partially disabled workers
are low-wage workers, b) there is little relationship between the
Workers' Compensation Board's disability determinations and the actual
employability of injured workers; and c) most permanently partially
disabled workers are eligible for and ultimately received Social
Security Disability benefits. As a result, the Board is engaging in
substantial litigation over the issue of permanent partial disability
without achieving rational results and while duplicating a record that
has already been developed by the Social Security Administration In
fact, the 2010 safety net report found that more than two-thirds of
the PPD claimants were found eligible for Social Security


Disability benefits. The vast majority of these cases require
testimony from the injured worker and at least two physicians This
involves considerable time and expense in order to duplicate the
evidence and conclusions that were already arrived at by the Social
Security disability system in at least two-thirds of the claims. It
should be noted, that the rate of classification, and thus the rate of
litigation, has increased substantially since 2012 due to the issuance
of the Board's guidelines for determining loss of wage earning
capacity and its project to accelerate the pace of classification and
imposition of the PPD caps. All of these factors support the rationale
behind this legislation, which is to harmonize the outcomes of the
workers' compensation and Social Security disability systems, reduce
litigation and achieve fundamental fairness for injured workers.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1274 - Bill Text download pdf

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

                                  1274

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00374-01-5

co-Sponsors

View additional co-sponsors

2015-S1274A (ACTIVE) - Details

See Assembly Version of this Bill:: A6165
Current Committee:: Senate 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: S76, A6862
2017-2018: S583

2015-S1274A (ACTIVE) - Summary

2015-S1274A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1274A

 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

Security Administration. A claimant whose condition is severe enough
to meet this disability standard should be eligible for permanent
total disability benefits under the workers' compensation law.

 PRIOR LEGISLATIVE HISTORY :

2013-2014 - S.76
2011-12: S.728
2009-10: S.2781 Referred to Labor
2008: A.10880 Referred to Labor.

 FISCAL IMPLICATIONS :

Cost savings to the State are expected, specifically due to
anticipated reduction in litigation. A recent survey by the Injured
Workers' Bar Association and Safety Net Reports for 2008, 2009, and
2010 demonstrate that: a) most permanently partially disabled workers
are low-wage workers; b) there is little relationship between the
Workers' Compensation Board's disability determinations and the actual
employability of injured workers; and c) most permanently partially
disabled workers are eligible for and ultimately received Social
Security Disability benefits. As a result, the Board is engaging in
substantial litigation over the issue of permanent partial disability
without achieving rational results and while duplicating a record that
has already been developed by the Social Security Administration. In
fact, the 2010 safety net report found that more than two-thirds of
the PPD claimants were found eligible for Social Security Disability
benefits. The vast majority of these cases require testimony from the
injured worker and at least two physicians. This involves considerable
time and expense in order to duplicate the evidence and conclusions
that were already arrived at by the Social Security disability system
in at least two-thirds of the claims. It should be noted, that the
rate of classification, and thus the rate of litigation, has increased
substantially since 2012 due to the issuance of the Board's guidelines
for determining loss of wage earning capacity and its project to
accelerate the pace of classification and imposition of the PPD caps.
All of these factors support the rationale behind this legislation,
which is to harmonize the outcomes of the workers' compensation and
Social Security disability systems, reduce litigation and achieve
fundamental fairness for injured workers.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S1274A (ACTIVE) - Bill Text download pdf

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

                                 1274--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sens. PERALTA, COMRIE, HAMILTON, LATIMER, PANEPINTO, PARK-
  ER,  PERKINS -- 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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00374-02-6

S. 1274--A                          2

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,
the compensation 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1274A

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2015-S1274 - Details

2015-S1274 - Summary

2015-S1274 - Sponsor Memo

2015-S1274 - Bill Text download pdf

co-Sponsors

2015-S1274A (ACTIVE) - Details

2015-S1274A (ACTIVE) - Summary

2015-S1274A (ACTIVE) - Sponsor Memo

2015-S1274A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1274A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Bill Amendments

co-Sponsors

2015-S1274 - Details

2015-S1274 - Summary

2015-S1274 - Sponsor Memo

2015-S1274 - Bill Text download pdf

co-Sponsors

2015-S1274A (ACTIVE) - Details

2015-S1274A (ACTIVE) - Summary

2015-S1274A (ACTIVE) - Sponsor Memo

2015-S1274A (ACTIVE) - Bill Text download pdf

Comments