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Assembly Bill A9536

2017-2018 Legislative Session

Relates to permanent total disability eligibility

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Archive: Last Bill Status - In Assembly Committee

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2017-A9536 (ACTIVE) - Details

See Senate Version of this Bill:
S583
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: S76
2015-2016: S1274

2017-A9536 (ACTIVE) - Summary

Relates to permanent total disability eligibility, providing a presumption of permanent total disability for employees who are found eligible for federal social security disability benefits.

2017-A9536 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9536
 
                           I N  A S S E M B L Y
 
                             January 19, 2018
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  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 AS A RESULT OF THE COMPENSABLE ACCIDENT  OR
 OCCUPATIONAL  DISEASE  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.
   § 2. This act shall take effect immediately.

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