|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 17, 2023||referred to labor|
senate Bill S1798
Current Bill Status - In Senate Committee Labor Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1798 (ACTIVE) - Details
S1798 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1798 SPONSOR: RAMOS TITLE OF BILL: 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 PURPOSE: This legislation redefines what constitutes qualification for extremeli- ardship benefits. SUMMARY OF PROVISIONS: 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 redefine what constitutes qualification for extreme hardship benefits. Section 2. This act shall take effect immediately.
S1798 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1798 2023-2024 Regular Sessions I N S E N A T E January 17, 2023 ___________ Introduced by Sens. RAMOS, JACKSON -- 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. LBD01487-01-3
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