A01135 Summary:

BILL NO    A01135 

SAME AS    No same as 

SPONSOR    Cahill

COSPNSR    

MLTSPNSR   



Authorizes and directs the workers' compensation board to redetermine the award
of volunteer firefighter disability benefits to William DuBois of New Paltz,
New York who was injured in the line of duty; provides that such
redetermination shall be made as if such injury had occurred on or after July
1, 1992.
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A01135 Actions:

BILL NO    A01135 

01/09/2013 referred to labor
01/08/2014 referred to labor
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A01135 Memo:

BILL NUMBER:A1135

TITLE  OF  BILL:    An  act  to  authorize  and  direct  the  workers'
compensation board to redetermine the award of  volunteer  firefighter
benefits  to  William DuBois of New Paltz, New York who was injured in
the line of duty

PURPOSE OR GENERAL IDEA OF BILL:  Directs  the  workers'  compensation
board  to redetermine the disability benefits to volunteer firefighter
William DuBois, who was seriously injured while fighting  a  structure
fire in New Paltz, New York.

JUSTIFICATION:  While fighting a structure fire in New Paltz, New York
on January 12, 1976, Mr. DuBois was crushed beneath a collapsing roof.
He sustained severe  and  debilitating  spinal  injuries,  substantial
nerve  damage  and trauma to his musculature. Twenty-five years later,
his  movements  remain  severely  limited.  He  suffers  from  chronic
persistent  pain  and  has  been  advised  by  experienced  orthopedic
surgeons and other specialists that little can be done to improve  his
situation.

Due  to  the persistent and extreme nature of his injuries, Mr. DuBois
has had to absorb extraordinary costs related to his  injuries.  Since
workers'  compensation  law is structured as to lock a claimant into a
rate of payment consistent with the time an injury is  sustained,  Mr.
DuBois remains compensated at the 1976 rate, a rate inadequate for the
purpose  for  which  it  was  intended.  This  bill  would  allow  him
additional compensation as to offset the cost  of  his  expensive  and
comprehensive continued medical care.

PRIOR LEGISLATIVE HISTORY:  2011-2012 A176 Referred to Labor 2009-2010
A1009 Referred to Labor
2007-2008 A9957 Referred to Labor
2005-2006 A6243 Referred to Labor
2003-2004 A296 Reported referred to Ways & Means
2001-2002 Held for consideration in Ways & Means
1999-2000 Referred to Ways & Means

FISCAL  IMPLICATIONS: Costs associated with medical and rehabilitative
care provided for Mr. DuBois on or after the effective  date  of  this
act and in any way related to the injuries he sustained.

EFFECTIVE DATE: Immediately.
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A01135 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1135

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. CAHILL -- read once and referred to the Committee
         on Labor

       AN  ACT to authorize and direct the workers' compensation board to rede-
         termine the award of volunteer firefighter benefits to William  DuBois
         of New Paltz, New York who was injured in the line of duty

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Legislative findings and declaration of intent. The  legis-
    2  lature  hereby  finds  that  William  DuBois  of New Paltz, New York was
    3  severely injured on January 12, 1976 while in the line of duty as a  New
    4  Paltz volunteer fire chief. While fighting a structure fire on the first
    5  floor  of  8  Locust Lane in New Paltz, Mr. DuBois was crushed beneath a
    6  collapsing roof. He  sustained  severe  spinal  injuries,  nerve  damage
    7  throughout  his  body,  and  crushed  and  torn  ligaments,  muscles and
    8  tendons. To this day he still suffers from chronic pain  and  his  move-
    9  ments  are  extremely  limited. In 1993, he underwent corrective surgery
   10  and experienced no relief. He has been advised  by  orthopedic  surgeons
   11  and  specialists  that there is no definite procedure that is guaranteed
   12  to improve his condition.
   13    The legislature further finds that due to the  exceptional  nature  of
   14  Mr.  DuBois' injuries, the original award of volunteer firefighter disa-
   15  bility  benefits  under  the  law  as  it existed at the time has become
   16  totally inadequate for the  purpose  for  which  it  was  intended,  has
   17  resulted in hardship, and should be redetermined under present law as if
   18  Mr. DuBois sustained all of his injuries in the line of duty on or after
   19  July 1, 1992.
   20    Accordingly,  the  purpose of this act is to remedy this injustice and
   21  hardship arising from special circumstances by  directing  the  workers'
   22  compensation  board to redetermine Mr. DuBois' award under the volunteer

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03679-01-3
       A. 1135                             2

    1  firefighters' benefit law as if he had been injured in the line of  duty
    2  on or after July 1, 1992.
    3    S  2.  Notwithstanding  any  contrary provision of the volunteer fire-
    4  fighters' benefit law or of the workers' compensation law but  otherwise
    5  subject  to such laws, the workers' compensation board is hereby author-
    6  ized and directed to redetermine and issue forthwith its award of volun-
    7  teer firefighter disability benefits to William DuBois of New Paltz, New
    8  York as if he sustained in the line of duty on or after July 1, 1992 the
    9  injuries upon which his original award  was  based  and  all  subsequent
   10  injuries  in  any  way  related  thereto.  Such redetermined award shall
   11  include coverage of all medical and rehabilitative care rendered  on  or
   12  after  the  effective  date  of  this act and in any way related to such
   13  injuries sustained in the line of duty on or after  July  1,  1992,  and
   14  shall  be  paid  prospectively beginning with the effective date of this
   15  act. Such benefit shall be paid from the fund for reopened cases in  the
   16  manner otherwise provided by law.
   17    S 3. This act shall take effect immediately.
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