S T A T E O F N E W Y O R K
________________________________________________________________________
9924
I N A S S E M B L Y
February 27, 2020
___________
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 including
a presumption of permanent total disability for certain individuals
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 section 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 INABILITY TO PERFORM THE
FULL RANGE OF SEDENTARY WORK, OR APPROVAL FOR FEDERAL SOCIAL SECURITY
DISABILITY BENEFITS AS A RESULT OF THE COMPENSABLE ACCIDENT OR OCCUPA-
TIONAL DISEASE shall, in the absence of conclusive proof to the contra-
ry, 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 compensation by engaging in busi-
ness or employment provided his earnings or wages, when combined with
his 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 compensation shall be diminished to an
amount which, together with his 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 ther-
eof, would otherwise be entitled to under any other provision of this
section.
§ 2. This act shall take effect immediately.
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