S T A T E O F N E W Y O R K
________________________________________________________________________
649
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to attachment
to the labor market in temporary partial disability cases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 15 of the workers' compensation
law, as amended by chapter 161 of the laws of 1966, is amended to read
as follows:
5. Temporary partial disability. In case of temporary partial disabil-
ity resulting in decrease of earning capacity, the compensation shall be
two-thirds of the difference between the injured employee's average
weekly wages before the accident and his wage earning capacity after the
accident in the same or other employment. COMPENSATION UNDER THIS SUBDI-
VISION SHALL BE PAYABLE DURING THE CONTINUANCE OF SUCH TEMPORARY PARTIAL
DISABILITY, WITHOUT THE NECESSITY FOR THE CLAIMANT TO DEMONSTRATE ONGO-
ING ATTACHMENT TO THE LABOR MARKET, UNLESS THE BOARD FINDS THAT THE
INJURED EMPLOYEE'S LOSS OF WAGES IS WHOLLY UNRELATED TO HIS OR HER
PARTIAL DISABILITY.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04768-01-9