S T A T E O F N E W Y O R K
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7178--A
2021-2022 Regular Sessions
I N A S S E M B L Y
April 27, 2021
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Labor -- 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 schedule
in case of disability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 6 of section 15 of the work-
ers' compensation law, as amended by section 7-a of part GG of chapter
57 of the laws of 2013, is amended to read as follows:
(a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting from an occupational disease that
occurs, (1) on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week, that occurs
(2) on or after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or after
January first, nineteen hundred seventy-nine, shall not exceed two
hundred fifteen dollars per week, that occurs (4) on or after July
first, nineteen hundred eighty-three, shall not exceed two hundred
fifty-five dollars per week, that occurs (5) on or after July first,
nineteen hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6) on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week; and in the case of
temporary total disability shall not be less than thirty dollars per
week and in the case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages. Compen-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05324-02-2
A. 7178--A 2
sation for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four, shall not exceed one hundred thirty-five
dollars per week, that occurs (4) on or after July first, nineteen
hundred eighty-five, shall not exceed one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly wages. In no event shall compensation when
combined with decreased earnings or earning capacity exceed the amount
of wages which the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, shall not exceed three hundred fifty
dollars per week; (2) on or after July first, nineteen hundred ninety-
two, shall not exceed four hundred dollars per week; nor be less than
forty dollars per week except that if the employee's wages at the time
of injury are less than forty dollars per week, the employee shall
receive his or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs (1) on or after July first, two thousand seven shall not
exceed five hundred dollars per week, (2) on or after July first, two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on or after July first, two thousand nine shall not exceed six hundred
dollars per week, and (4) on or after July first, two thousand ten, and
on or after July first of each succeeding year, shall not exceed two-
thirds of the New York state average weekly wage for the year in which
it is reported. Compensation for permanent or temporary partial disabil-
ity, or for permanent or temporary total disability due to an accident
or disablement resulting from an occupational disease that occurs on or
after July first, two thousand seven shall not be less than one hundred
dollars per week except that if the employee's wages at the time of
injury are less than one hundred dollars per week, the employee shall
receive his or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs on or after May first, two thousand thirteen shall not be
less than one hundred fifty dollars per week except that if the employ-
ee's wages at the time of injury are less than one hundred fifty dollars
per week, the employee shall receive his or her full wages. COMPENSATION
FOR PERMANENT OR TEMPORARY PARTIAL DISABILITY, OR FOR PERMANENT OR
TEMPORARY TOTAL DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT RESULTING
FROM AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE EFFECTIVE DATE
OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO THAT AMENDED THIS
PARAGRAPH SHALL NOT BE LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE
WEEKLY WAGE EXCEPT THAT IF THE EMPLOYEE'S WEEKLY WAGES ARE EQUAL TO OR
LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE WEEKLY WAGE, THE
EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no event shall compen-
A. 7178--A 3
sation when combined with decreased earnings or earning capacity exceed
the amount of wages the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease or injury that occurred
as a result of World Trade Center rescue activity by an employee of a
private voluntary hospital, who passed a physical examination upon
employment as a rescue worker that failed to reveal evidence of a condi-
tion that was the proximate cause of disablement or occupational disease
or injury, shall not exceed three-quarters of a claimant's wage on
September eleventh, two thousand one. In no event shall compensation
when combined with decreased earnings or earning capacity exceed the
amount of wages the employee was receiving on September eleventh, two
thousand one.
§ 2. This act shall take effect immediately.