S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1161--A
     Cal. No. 254
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by Sens. SANDERS, MAY, RYAN -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Labor  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04567-02-3
 S. 1161--A                          2
 
 tively,  he  or she shall receive his or her full weekly wages.  Compen-
 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.    COMPEN-
 SATION  FOR  PERMANENT OR TEMPORARY PARTIAL DISABILITY, OR FOR PERMANENT
 OR TEMPORARY TOTAL DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT  RESULT-
 ING  FROM AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWENTY-FOUR AND BEFORE JANUARY FIRST, TWO THOUSAND  TWENTY-
 FIVE  SHALL  NOT  BE LESS THAN TWO HUNDRED SEVENTY-FIVE DOLLARS PER WEEK
 EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF INJURY ARE LESS  THAN
 TWO  HUNDRED  SEVENTY-FIVE  DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE
 S. 1161--A                          3
 
 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 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE AND BEFORE
 JULY FIRST, TWO THOUSAND TWENTY-SIX SHALL NOT BE LESS THAN THREE HUNDRED
 TWENTY-FIVE DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT  THE
 TIME OF INJURY ARE LESS THAN THREE HUNDRED TWENTY-FIVE 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 JULY FIRST, TWO THOUSAND
 TWENTY-SIX AND ON OR AFTER JULY FIRST OF EACH SUCCEEDING YEAR SHALL  NOT
 BE LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE WEEKLY WAGE FOR THE
 YEAR  IN WHICH IT IS REPORTED EXCEPT THAT IF THE EMPLOYEE'S WEEKLY WAGES
 ARE EQUAL TO OR LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE WEEKLY
 WAGE FOR THE YEAR IN WHICH IT IS REPORTED, THE  EMPLOYEE  SHALL  RECEIVE
 HIS OR HER FULL WAGES. In no event shall compensation 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  disablement  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 condition  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  earn-
 ings  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.