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Senate Bill S3948

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Finance Committee

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2025-S3948 (ACTIVE) - Details

See Assembly Version of this Bill:
A3723
Current Committee:
Senate Finance
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §35, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7726, A9920
2021-2022: S1023, A1098
2023-2024: S1798, A294

2025-S3948 (ACTIVE) - Summary

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

2025-S3948 (ACTIVE) - Sponsor Memo

2025-S3948 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3948
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 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 SUCH INJURED WORKER'S AVERAGE
 WEEKLY WAGE UPON TERMINATION OF PERMANENT PARTIAL  DISABILITY  BENEFITS;
 (B)  THE INJURED WORKER WILL BE UNABLE TO MEET EXPENSES FOR THEMSELF AND
 ANY DEPENDENTS UPON TERMINATION OF PERMANENT  PARTIAL  DISABILITY  BENE-
 FITS;  (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  GUIDELINES
 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.
                                                            LBD06518-01-5

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