S T A T E O F N E W Y O R K
________________________________________________________________________
4509
2025-2026 Regular Sessions
I N S E N A T E
February 6, 2025
___________
Introduced by Sens. RAMOS, WEBB -- 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 providing
the carrier or employer a credit against permanent partial disability
benefits for temporary partial disability payments made in excess of
130 weeks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph w of subdivision 3 of section 15 of the workers'
compensation law, as amended by section 1 of subpart A of part NNN of
chapter 59 of the laws of 2017, is amended to read as follows:
w. Other cases. In all other cases of permanent partial disability,
the compensation shall be sixty-six and two-thirds percent of the
difference between the injured employee's average weekly wages and [his
or her] SUCH EMPLOYEE'S wage-earning capacity thereafter in the same
employment or otherwise. Compensation under this paragraph shall be
payable during the continuance of such permanent partial disability,
without the necessity for the claimant who is entitled to benefits at
the time of classification to demonstrate ongoing attachment to the
labor market, but subject to reconsideration of the degree of such
impairment by the board on its own motion or upon application of any
party in interest however, all compensation payable under this paragraph
shall not exceed (i) five hundred twenty-five weeks in cases in which
the loss of wage-earning capacity is greater than ninety-five percent;
(ii) five hundred weeks in cases in which the loss of wage-earning
capacity is greater than ninety percent but not more than ninety-five
percent; (iii) four hundred seventy-five weeks in cases in which the
loss of wage-earning capacity is greater than eighty-five percent but
not more than ninety percent; (iv) four hundred fifty weeks in cases in
which the loss of wage-earning capacity is greater than eighty percent
but not more than eighty-five percent; (v) four hundred twenty-five
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03452-01-5
S. 4509 2
weeks in cases in which the loss of wage-earning capacity is greater
than seventy-five percent but not more than eighty percent; (vi) four
hundred weeks in cases in which the loss of wage-earning capacity is
greater than seventy percent but not more than seventy-five percent;
(vii) three hundred seventy-five weeks in cases in which the loss of
wage-earning capacity is greater than sixty percent but not more than
seventy percent; (viii) three hundred fifty weeks in cases in which the
loss of wage-earning capacity is greater than fifty percent but not more
than sixty percent; (ix) three hundred weeks in cases in which the loss
of wage-earning capacity is greater than forty percent but not more than
fifty percent; (x) two hundred seventy-five weeks in cases in which the
loss of wage-earning capacity is greater than thirty percent but not
more than forty percent; (xi) two hundred fifty weeks in cases in which
the loss of wage-earning capacity is greater than fifteen percent but
not more than thirty percent; and (xii) two hundred twenty-five weeks in
cases in which the loss of wage-earning capacity is fifteen percent or
less. For a claimant with a date of accident or disablement after the
effective date of the chapter of the laws of two thousand [seventeen]
TWENTY-FIVE that amended this subdivision, where the carrier or employer
has [provided] PAID ONE HUNDRED THIRTY WEEKS OF compensation pursuant to
subdivision five of this section [beyond one hundred thirty weeks from
the date of accident or disablement], all subsequent weeks in which
compensation was paid SOLELY PURSUANT TO SUBDIVISION FIVE shall be
considered to be benefit weeks for purposes of this section, with the
carrier or employer receiving credit for all such subsequent weeks
against the amount of maximum benefit weeks when permanent partial disa-
bility under this section is determined. In the event of payment for
intermittent temporary partial disability paid after one hundred thirty
weeks from the date of accident or disablement, such time shall be
reduced to a number of weeks, for which the carrier will receive a cred-
it against the maximum benefit weeks. For a claimant with a date of
accident or disablement after the effective date of the chapter of the
laws of two thousand [seventeen] TWENTY-FIVE that amended this subdivi-
sion, when permanency is at issue, and a claimant has submitted medical
evidence that [he or she] SUCH CLAIMANT is not at maximum medical
improvement, [and the carrier has produced or has had a reasonable
opportunity to produce an independent medical examination concerning
maximum medical improvement,] and the board has determined that the
claimant is not yet at maximum medical improvement, the carrier shall
not receive a credit for benefit weeks prior to a finding that the
claimant has reached maximum medical improvement[, at which time the
carrier shall receive credit for any weeks of temporary disability paid
to claimant after such finding against the maximum benefit weeks awarded
under this subdivision]. For those claimants classified as permanently
partially disabled who no longer receive indemnity payments because they
have surpassed their number of maximum benefit weeks, the following
provisions will apply:
(1) There will be a presumption that medical services shall continue
notwithstanding the completion of the time period for compensation set
forth in this section and the burden of going forward and the burden of
proof will lie with the carrier, self-insured employer or state insur-
ance fund in any application before the board to discontinue or suspend
such services. Medical services will continue during the pendency of any
such application and any appeals thereto.
(2) The board is directed to promulgate regulations that establish an
independent review and appeal by an outside agent or entity of the
S. 4509 3
board's choosing of any administrative law judge's determination to
discontinue or suspend medical services before a final determination of
the board.
§ 2. This act shall take effect immediately.