S T A T E   O F   N E W   Y O R K
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                                    391
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced  by  M. of A. BRONSON, REYES -- read once and referred 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
 shall not result in reduction of compensation which an injured  employee
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01590-01-3
              

 A. 391                              2
 
 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.