S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6376
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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  prohibit-
   ing insurance carriers and employers from withholding certain benefits
   from injured workers based on attachment to the labor market

   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 and  a  new  paragraph  y  is
 added 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 INJURED 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.
                                                            LBD10555-01-5
              

 S. 6376                             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] SECTION ONE OF SUBPART A OF PART NNN OF  chapter
 FIFTY-NINE  of  the  laws  of  two  thousand seventeen that amended this
 subdivision, where the carrier or  employer  has  provided  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 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 disability under  this  section  is  deter-
 mined.  In the event of payment for intermittent temporary partial disa-
 bility 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 credit against the maximum benefit weeks. For
 a claimant with a date of accident or disablement  after  the  effective
 date of [the] SECTION ONE OF SUBPART A OF PART NNN OF chapter FIFTY-NINE
 of  the  laws  of  two thousand seventeen that amended this subdivision,
 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 oppor-
 tunity 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. 6376                             3
 
 board's  choosing  of  any  administrative  law judge's determination to
 discontinue or suspend medical services before a final determination  of
 the board.
   Y.  EFFECT  OF  ATTACHMENT  TO  LABOR MARKET. BENEFITS OR COMPENSATION
 OTHERWISE DUE UNDER THIS SECTION SHALL NOT BE WITHHELD,  DIMINISHED,  OR
 CONDITIONED  UPON AN INJURED WORKER'S DEMONSTRATION OF ATTACHMENT TO THE
 LABOR MARKET.
   § 2. This act shall take effect immediately.