Senate Bill S7388A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7388--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 20, 2021
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee  on  Labor  in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the workers' compensation law, in relation to the weekly
   benefit of a disabled employee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (b) of subdivision 2 of section 204 of the  work-
 ers'  compensation law, as amended by section 5 of part SS of chapter 54
 of the laws of 2016, is amended to read as follows:
   (b) THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
 RECEIVE  FOR  DISABILITY  COMMENCING: (I) ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR SHALL BE FIFTY PERCENT OF  THE  EMPLOYEE'S  AVERAGE
 WEEKLY  WAGE  BUT  SHALL  NOT  EXCEED FIFTY PERCENT OF THE STATE AVERAGE
 WEEKLY WAGE; (II) ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  TWENTY-FIVE
 SHALL  BE  FIFTY-FIVE  PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT
 SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE  AVERAGE  WEEKLY  WAGE;
 (III)  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SIX SHALL BE SIXTY
 PERCENT OF THE EMPLOYEE'S WEEKLY AVERAGE WAGE BUT SHALL NOT EXCEED SIXTY
 PERCENT OF THE STATE AVERAGE WEEKLY WAGE; AND (IV) ON OR  AFTER  JANUARY
 FIRST  OF  EACH  SUCCEEDING  YEAR,  SHALL  BE SIXTY-SEVEN PERCENT OF THE
 EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY-SEVEN  PERCENT
 OF  THE STATE AVERAGE WEEKLY WAGE. The weekly benefit which the disabled
 employee is entitled to receive for disability commencing  on  or  after
 May  first, nineteen hundred eighty-nine AND PRIOR TO JANUARY FIRST, TWO
 THOUSAND TWENTY-FOUR shall be one-half of the  employee's  weekly  wage,
 but  in  no  case shall such benefit exceed one hundred seventy dollars;
 except that if the employee's average weekly wage is  less  than  twenty
 dollars, the benefit shall be such average weekly wage. The weekly bene-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13128-02-2
              

 S. 7388--A                          2
 
 fit  which  the  disabled employee is entitled to receive for disability
 commencing on or after July first, nineteen hundred eighty-four shall be
 one-half of the employee's weekly wage, but in no case shall such  bene-
 fit exceed one hundred forty-five dollars; except that if the employee's
 average  weekly  wage  is less than twenty dollars, the benefit shall be
 such average weekly wage. The weekly benefit which the disabled employee
 is entitled to receive for disability commencing on or after July first,
 nineteen hundred eighty-three and prior to July first, nineteen  hundred
 eighty-four shall be one-half of the employee's average weekly wage, but
 in no case shall such benefit exceed one hundred thirty-five dollars nor
 be less than twenty dollars; except that if the employee's average week-
 ly  wage  is  less than twenty dollars the benefit shall be such average
 weekly wage. The weekly benefit which the disabled employee is  entitled
 to  receive  for  disability commencing on or after July first, nineteen
 hundred seventy-four, and prior to July first, nineteen hundred  eighty-
 three,  shall  be one-half of the employee's average weekly wage, but in
 no case shall such benefit exceed ninety-five dollars nor be  less  than
 twenty  dollars;  except  that  if the employee's average weekly wage is
 less than twenty dollars, the benefit shall be such average weekly wage.
 The weekly benefit which the disabled employee is  entitled  to  receive
 for  disability  commencing  on  or  after  July first, nineteen hundred
 seventy and prior to July first, nineteen hundred seventy-four shall  be
 one-half  of  the  employee's  average weekly wage, but in no case shall
 such benefit  exceed  seventy-five  dollars  nor  be  less  than  twenty
 dollars;  except that if the employee's average weekly wage is less than
 twenty dollars the benefit shall be such average weekly  wage.  For  any
 period  of  disability less than a full week, the benefits payable shall
 be calculated by dividing the  weekly  benefit  by  the  number  of  the
 employee's normal work days per week and multiplying the quotient by the
 number  of  normal  work  days  in such period of disability. The weekly
 benefit for a disabled employee who is concurrently eligible  for  bene-
 fits  in  the employment of more than one covered employer shall, within
 the maximum and minimum herein provided, be one-half of the total of the
 employee's average weekly wages received from all such  covered  employ-
 ers,  and shall be allocated in the proportion of their respective aver-
 age weekly wage payments.
   § 2. This act shall take effect immediately.