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A01237 Summary:

BILL NOA01237
 
SAME ASNo Same As
 
SPONSORJoyner
 
COSPNSRGunther, Ardila, Taylor, Gibbs, Hyndman, Glick, Cruz, O'Donnell, Stirpe, Jacobson, Bores, Bendett, DeStefano, Reyes, Tapia, Simon, Walker, Weprin, Buttenschon, Clark, Hevesi, Aubry, Sillitti, Carroll
 
MLTSPNSRSeawright
 
Amd §204, Work Comp L
 
Provides that the weekly benefit which the disabled employee is entitled to receive for disability commencing: on or after January first, two thousand twenty-five shall be fifty percent of the employee's average weekly wage but shall not exceed fifty percent of the state average weekly wage; on or after January first, two thousand twenty-six shall be fifty-five percent of the employee's average weekly wage but shall not exceed fifty-five percent of the state average weekly wage; on or after January first, two thousand twenty-seven shall be sixty percent of the employee's weekly average wage but shall not exceed sixty percent of the state average weekly wage; and on or after January first of each succeeding year, shall be sixty-seven percent of the employee's average weekly wage but shall not exceed sixty-seven percent of the state average weekly wage.
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A01237 Actions:

BILL NOA01237
 
01/13/2023referred to labor
01/03/2024referred to labor
01/10/2024enacting clause stricken
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A01237 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1237
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2023
                                       ___________
 
        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Labor
 
        AN ACT to amend the workers' compensation law, in relation to the weekly
          benefit of a disabled employee
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (b) of subdivision 2 of section 204 of the  work-
     2  ers'  compensation law, as amended by section 5 of part SS of chapter 54
     3  of the laws of 2016, is amended to read as follows:
     4    (b) The weekly benefit which the  disabled  employee  is  entitled  to
     5  receive  for  disability  commencing: (i) on or after January first, two
     6  thousand twenty-five shall be fifty percent of  the  employee's  average
     7  weekly  wage  but  shall  not  exceed fifty percent of the state average
     8  weekly wage; (ii) on or after January  first,  two  thousand  twenty-six
     9  shall  be  fifty-five  percent of the employee's average weekly wage but
    10  shall not exceed fifty-five percent of the state  average  weekly  wage;
    11  (iii)  on  or  after  January  first, two thousand twenty-seven shall be
    12  sixty percent of the employee's weekly average wage but shall not exceed
    13  sixty percent of the state average weekly wage; and  (iv)  on  or  after
    14  January  first  of each succeeding year, shall be sixty-seven percent of
    15  the employee's average weekly wage  but  shall  not  exceed  sixty-seven
    16  percent  of  the state average weekly wage. The weekly benefit which the
    17  disabled employee is entitled to receive for disability commencing on or
    18  after May first, nineteen  hundred  eighty-nine  and  prior  to  January
    19  first,  two  thousand  twenty-five  shall  be one-half of the employee's
    20  weekly wage, but in no case shall such benefit exceed one hundred seven-
    21  ty dollars; except that if the employee's average weekly  wage  is  less
    22  than  twenty dollars, the benefit shall be such average weekly wage. The
    23  weekly benefit which the disabled employee is entitled  to  receive  for
    24  disability  commencing  on or after July first, nineteen hundred eighty-
    25  four shall be one-half of the employee's weekly wage,  but  in  no  case
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02619-01-3

        A. 1237                             2
 
     1  shall such benefit exceed one hundred forty-five dollars; except that if
     2  the  employee's  average  weekly  wage  is less than twenty dollars, the
     3  benefit shall be such average weekly wage. The weekly benefit which  the
     4  disabled employee is entitled to receive for disability commencing on or
     5  after July first, nineteen hundred eighty-three and prior to July first,
     6  nineteen hundred eighty-four shall be one-half of the employee's average
     7  weekly  wage, but in no case shall such benefit exceed one hundred thir-
     8  ty-five dollars nor be less than twenty  dollars;  except  that  if  the
     9  employee's  average  weekly wage is less than twenty dollars the benefit
    10  shall be such average weekly wage. The weekly benefit which the disabled
    11  employee is entitled to receive for disability commencing  on  or  after
    12  July  first,  nineteen  hundred  seventy-four,  and prior to July first,
    13  nineteen hundred eighty-three, shall be one-half of the employee's aver-
    14  age weekly wage, but in no case shall such  benefit  exceed  ninety-five
    15  dollars  nor  be less than twenty dollars; except that if the employee's
    16  average weekly wage is less than twenty dollars, the  benefit  shall  be
    17  such average weekly wage. The weekly benefit which the disabled employee
    18  is entitled to receive for disability commencing on or after July first,
    19  nineteen  hundred  seventy  and  prior  to  July first, nineteen hundred
    20  seventy-four shall be one-half of the employee's  average  weekly  wage,
    21  but  in  no  case  shall such benefit exceed seventy-five dollars nor be
    22  less than twenty dollars; except that if the employee's  average  weekly
    23  wage is less than twenty dollars the benefit shall be such average week-
    24  ly  wage.  For any period of disability less than a full week, the bene-
    25  fits payable shall be calculated by dividing the weekly benefit  by  the
    26  number  of  the employee's normal work days per week and multiplying the
    27  quotient by the number of normal work days in such period of disability.
    28  The weekly benefit for a disabled employee who is concurrently  eligible
    29  for  benefits in the employment of more than one covered employer shall,
    30  within the maximum and minimum herein provided, be one-half of the total
    31  of the employee's average weekly wages received from  all  such  covered
    32  employers,  and shall be allocated in the proportion of their respective
    33  average weekly wage payments.
    34    § 2. This act shall take effect immediately.
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