BILL NUMBER: S8131

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to payment of
certain awards for disability

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes unaccrued portions of non-schedule benefits to be awarded
posthumously. SUMMARY OF PROVISIONS:

Section 1: amends the workers' compensation law to include the unaccrued
portion of a non schedule award in the case of a claimant's death.

Section 2: establishes the effective date.

 
JUSTIFICATION:

This bill amends the workers' compensation law (WCL) to specifically
include, but not limit, non-schedule awards as an entitlement payable
              

even in cases where the claimant has died for reasons other than the
worksite injury.

For context, subdivision 3, section 15 of the WCL outlines two catego-
ries of awards for injuries resulting in permanent partial disability. A
"schedule loss of use" award, provided for in section 15 (3) (a)-(u), is
designed to compensate for loss of earning power, rather than the time
that an employee actually loses from work or the injury itself. On the
other hand, a non schedule award seeks to reimburse a claimant for earn-
ings lost due to injury. Typically, courts have awarded posthumous bene-
fits for schedule awards but not for non-schedule awards.

In 2016, Michael Coyle established a workers' compensation claim for
work-related injuries and was classified as having sustained a permanent
partial disability, entitling him to wage-loss benefits not to exceed
375 weeks. However, in January 2021, for reasons unrelated to his work
injuries, Coyle passed away, leaving behind an unaccrued portion of
non-schedule benefits.

Following this, a request for further action was filed in July 2021
seeking a hearing on behalf of Coyle's minor son to determine his enti-
tlement to any unpaid amounts of wage-loss benefits. Relying on this
Court's decision in Matter of Green v Dutchess County BOCES 2022, a WCL
Judge found that, pursuant to Green, Coyle's son was indeed entitled to
receive his unpaid wage-loss benefits.

Therefore, this amendment codifies the effect of non-schedule awards
benefits, authorizing unaccrued portions to be payable to and for the
benefit of the claimant's spouse, children, and/or estate as specified
under subdivision 4 of section 15 of the WCL.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Effective immediately.