senate Bill S1024B

2021-2022 Legislative Session

Relates to eligibility for classification as permanent total disability

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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
Feb 03, 2022 advanced to third reading
Feb 02, 2022 2nd report cal.
Feb 01, 2022 1st report cal.392
Jan 05, 2022 referred to labor
May 12, 2021 print number 1024b
May 12, 2021 amend and recommit to labor
May 10, 2021 print number 1024a
May 10, 2021 amend and recommit to labor
Jan 06, 2021 referred to labor

Votes

view votes

Feb 1, 2022 - Labor committee Vote

S1024B
10
3
committee
10
Aye
3
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Labor committee vote details

Labor Committee Vote: Feb 1, 2022

Co-Sponsors

S1024 - Details

See Assembly Version of this Bill:
A1220
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
S7751, A9924

S1024 - Summary

Relates to eligibility for classification as permanent total disability; includes 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 occupational disease as constituting permanent total disability.

S1024 - Sponsor Memo

S1024 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1024
 
                        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  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S1024A - Details

See Assembly Version of this Bill:
A1220
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
S7751, A9924

S1024A - Summary

Relates to eligibility for classification as permanent total disability; includes 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 occupational disease as constituting permanent total disability.

S1024A - Sponsor Memo

S1024A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1024--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  JACKSON,  MAYER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   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
 exceeds such wage base, the  compensation  shall  be  diminished  to  an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S1024B (ACTIVE) - Details

See Assembly Version of this Bill:
A1220
Current Committee:
Senate Rules
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in 2019-2020 Legislative Session:
S7751, A9924

S1024B (ACTIVE) - Summary

Relates to eligibility for classification as permanent total disability; includes 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 occupational disease as constituting permanent total disability.

S1024B (ACTIVE) - Sponsor Memo

S1024B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1024--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  JACKSON,  MAYER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- 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

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