S T A T E O F N E W Y O R K
________________________________________________________________________
1220--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. BRONSON, REYES -- read once and referred to the
Committee on Labor -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- 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 eligibil-
ity for classification as 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 INABILITY TO PERFORM THE
FULL RANGE OF SEDENTARY WORK, OR APPROVAL FOR FEDERAL SOCIAL SECURITY
DISABILITY BENEFITS AS A RESULT OF A 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04929-07-1
A. 1220--B 2
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. FOR THE PURPOSES OF THIS SECTION, INABILITY TO PERFORM THE
FULL RANGE OF SEDENTARY WORK SHALL MEAN THE INABILITY TO EXERT UP TO TEN
POUNDS OF FORCE OCCASIONALLY OR UP TO ONE-THIRD OF THE WORKDAY, OR THE
INABILITY TO EXERT A NEGLIGIBLE AMOUNT OF FORCE FREQUENTLY TO LIFT,
CARRY, PUSH, PULL, OR OTHERWISE MOVE OBJECTS, INCLUDING THE HOME BODY,
AND EXAMPLES OF THE INABILITY TO PERFORM THE FULL RANGE OF SEDENTARY
WORK SHALL INCLUDE BUT NOT BE LIMITED TO THE INABILITY TO SIT FOR AT
LEAST SIX HOURS IN AN EIGHT-HOUR DAY AND OCCASIONALLY WALK OR STAND FOR
NO MORE THAN TWO HOURS IN AN EIGHT-HOUR DAY. IN CIRCUMSTANCES WHERE THE
INABILITY TO PERFORM THE FULL RANGE OF SEDENTARY WORK INVOLVES THE
PERFORMANCE OF UNSKILLED SEDENTARY WORK, RELATED ACTIVITIES OF A NON-E-
XERTIONAL NATURE SUCH AS SEEING, HAND-MANIPULATION, AND UNDERSTANDING,
REMEMBERING, AND CARRYING OUT SIMPLE INSTRUCTIONS SHALL BE CONSIDERED.
§ 2. This act shall take effect immediately and shall apply to inju-
ries subject to the provisions of the workers' compensation law arising
on and after the effective date of this act.