senate Bill S1023

2021-2022 Legislative Session

Allows certain claimants to be reclassified as permanent total disability or total industrial disability due to extreme hardship

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 16, 2022 advanced to third reading
May 11, 2022 2nd report cal.
May 10, 2022 1st report cal.1285
Jan 05, 2022 referred to labor
Jan 06, 2021 referred to labor

Votes

view votes

May 10, 2022 - Labor committee Vote

S1023
9
0
committee
9
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: May 10, 2022

Co-Sponsors

S1023 (ACTIVE) - Details

See Assembly Version of this Bill:
A1098
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §35, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
S7726, A9920

S1023 (ACTIVE) - Summary

Allows certain claimants to be reclassified as permanent total disability or total industrial disability due to extreme hardship; defines extreme hardship.

S1023 (ACTIVE) - Sponsor Memo

S1023 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1023
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation  to  allowing
   certain  claimants to be reclassified to permanent total disability or
   total industrial disability due to extreme hardship
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision 3 of section 35 of the workers' compensation
 law, as amended by section 2 of subpart A of part NNN of chapter  59  of
 the laws of 2017, is amended to read as follows:
   3.  Extreme hardship redetermination. In cases where the loss of wage-
 earning capacity is greater than [seventy-five] FIFTY percent, a  claim-
 ant  may  request[, within the year prior to the scheduled exhaustion of
 indemnity benefits under paragraph w of  subdivision  three  of  section
 fifteen  of  this  article,]  that  the board reclassify the claimant to
 permanent total disability or total industrial disability due to factors
 reflecting extreme hardship.  FOR  THE  PURPOSES  OF  THIS  SUBDIVISION,
 "EXTREME  HARDSHIP"  SHALL  MEAN:  (A)  THE INJURED WORKER'S INCOME FROM
 SOCIAL SECURITY DISABILITY BENEFITS AND DISABILITY PENSION, IF  APPLICA-
 BLE,  WOULD BE LESS THAN FIFTY PERCENT OF HIS OR HER AVERAGE WEEKLY WAGE
 UPON TERMINATION OF  PERMANENT  PARTIAL  DISABILITY  BENEFITS;  (B)  THE
 INJURED  WORKER  WILL  BE UNABLE TO MEET EXPENSES FOR HIMSELF OR HERSELF
 AND ANY DEPENDENTS UPON  TERMINATION  OF  PERMANENT  PARTIAL  DISABILITY
 BENEFITS;  (C)  ADDITIONAL  MEDICAL,  FUNCTIONAL,  OR VOCATIONAL FACTORS
 ARISING SUBSEQUENT TO THE CLASSIFICATION OF PERMANENT PARTIAL DISABILITY
 HAVE FURTHER ERODED THE INJURED WORKER'S WAGE EARNING CAPACITY;  OR  (D)
 THE  INJURED  WORKER'S  INCOME WOULD BE BELOW THE FEDERAL POVERTY GUIDE-
 LINES UPON TERMINATION OF PERMANENT PARTIAL DISABILITY BENEFITS.
   § 2.  This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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