S01760 Summary:

BILL NOS01760
 
SAME ASNo Same As
 
SPONSORSEWARD
 
COSPNSR
 
MLTSPNSR
 
Amd S27, Work Comp L
 
Removes the mandatory aggregate trust fund deposit requirements for non-scheduled permanent partial disability cases.
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S01760 Actions:

BILL NOS01760
 
01/14/2015REFERRED TO LABOR
01/06/2016REFERRED TO LABOR
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S01760 Memo:

Memo not available
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S01760 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1760
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    January 14, 2015
                                       ___________
 
        Introduced  by  Sen.  SEWARD -- 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  removing
          the  mandatory aggregate trust fund deposit requirements for non-sche-
          duled permanent partial disability cases
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  2 of section 27 of the workers' compensation
     2  law, as amended by chapter 6 of the laws of 2007, is amended to read  as
     3  follows:
     4    2.  If  an award under this chapter requires payment of death benefits
     5  or other compensation by an insurance carrier or employer in  periodical
     6  payments,  the  board may, in its discretion, at any time, any provision
     7  of this chapter to the contrary notwithstanding, compute and  permit  or
     8  require  to be paid into the aggregate trust fund an amount equal to the
     9  present value of all unpaid death  benefits  or  other  compensation  in
    10  cases  in which awards are made for total permanent or permanent partial
    11  disability for a period of one hundred and four weeks or more, for which
    12  liability exists, together with such additional sum  as  the  board  may
    13  deem  necessary for a proportionate payment of expenses of administering
    14  the fund so created, including the cost of the actuarial computation  by
    15  or on behalf of the board of the present value of the award, and for the
    16  purposes of this section such cases shall be known as discretionary type
    17  cases.  If  any such award made on or after July first, nineteen hundred
    18  thirty-five, requires payment for total permanent  disability  resulting
    19  from  the  loss of both hands, or both arms, or both feet, or both legs,
    20  or both eyes, or of any two thereof, or for permanent partial disability
    21  resulting from loss of an arm, leg, hand, foot or eye, or of death bene-
    22  fits by an insurance carrier which is  a  stock  corporation  or  mutual
    23  association,  [or  if  any  such  award made on or after July first, two
    24  thousand seven requires payment for permanent partial  disability  under

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02663-01-5

        S. 1760                             2

     1  paragraph  w  of subdivision three of section fifteen of this article by
     2  an insurance carrier which is a  stock  corporation  or  mutual  associ-
     3  ation,]  which for the purposes of this section shall be known as manda-
     4  tory  type  cases, the board shall immediately compute the present value
     5  thereof and require payment of such  amount  into  the  aggregate  trust
     6  fund,  together with such additional sum as the board may deem necessary
     7  for a proportionate payment of expenses of administering such trust fund
     8  including the cost of the actuarial computation by or on behalf  of  the
     9  board of the present value of the award provided, however, that where an
    10  employer  or his insurance carrier is found to be entitled to reimburse-
    11  ment from the special disability fund of subdivision  eight  of  section
    12  fifteen  of  this  article,  the computation of the present value of the
    13  award and the requirement for payment of such amount into the said trust
    14  fund shall not be mandatory and such cases shall be deemed to be discre-
    15  tionary type cases; further provided that where an employee entitled  to
    16  compensation  under  this chapter be injured or killed by the negligence
    17  or wrong of another not in the same employ, the computation of the pres-
    18  ent value and the requirement for payment of such amount into  the  said
    19  trust  fund  shall be held in abeyance until (1) six months have elapsed
    20  from the award of compensation, or in any event not more than  one  year
    21  after  the  date of the accident, if the injured employee, or in case of
    22  death, his personal representatives, spouse, parents, dependents or next
    23  of kin, or anyone otherwise entitled to recover damages at common law or
    24  otherwise, on account of such injury or death, have failed  to  commence
    25  such  action,  (2)  the  termination  of  any such action brought by the
    26  injured employee, or in case of  death,  his  personal  representatives,
    27  spouse, parents, dependents or next of kin, or anyone otherwise entitled
    28  to recover damages, at common law or otherwise, on account of such inju-
    29  ry  or  death, under the provisions of section twenty-nine of this arti-
    30  cle.
    31    § 2. This act shall take effect on the first of January next  succeed-
    32  ing  the date on which it shall have become a law and shall apply to any
    33  award made on or after such date.
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