STATE OF NEW YORK
________________________________________________________________________
6689--C
2013-2014 Regular Sessions
IN ASSEMBLY
April 12, 2013
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Introduced by M. of A. GALEF -- read once and referred to the Committee
on Local Governments -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Local Governments in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to permanent and
temporary total disability benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8 of the volunteer firefighters' benefit law, as
2 amended by chapter 574 of the laws of 1998, is amended to read as
3 follows:
4 § 8. Permanent total disability benefits. In the case of total disa-
5 bility adjudged to be permanent the volunteer firefighter shall be paid
6 [four hundred] six hundred fifty dollars for each week during the
7 continuance thereof. Permanent total disability, within the meaning of
8 this section, shall exist only if the earning capacity of the volunteer
9 firefighter has been lost permanently and totally as the result of the
10 injury. The loss of both hands, or both arms, or both feet, or both
11 legs, or both eyes, or any two thereof, shall, in the absence of conclu-
12 sive proof to the contrary, constitute permanent total disability, but
13 in all other cases permanent total disability shall be determined in
14 accordance with the facts. Notwithstanding any other provisions of this
15 chapter, an injured volunteer firefighter disabled due to the loss or
16 total loss of use of both eyes, or both hands, or both arms, or both
17 feet, or both legs, or any two thereof shall not suffer any diminution
18 of such weekly benefit by engaging in business or employment provided
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09699-09-4
A. 6689--C 2
1 his or her weekly earnings or wages, when combined with his or her week-
2 ly benefit shall not be in excess of [six hundred] nine hundred seven-
3 ty-five dollars; and further provided that the application of this
4 section shall not result in reduction of benefits which an injured
5 volunteer firefighter who is disabled due to the loss or total loss of
6 use of both eyes, or both hands, or both arms, or both feet, or both
7 legs, or any two thereof would otherwise be entitled to under any other
8 provisions of this article.
9 § 2. Section 9 of the volunteer firefighters' benefit law, as amended
10 by chapter 924 of the laws of 1990, is amended to read as follows:
11 § 9. Temporary total disability benefits. In the case of temporary
12 total disability the volunteer firefighter shall be paid one hundred
13 twenty-five dollars for each week during the continuance thereof;
14 provided, however, that when the volunteer firefighter is injured in the
15 line of duty on or after July first, nineteen hundred seventy-eight to
16 December thirty-first, nineteen hundred seventy-eight, said firefighter
17 shall receive one hundred eighty dollars per week during the continuance
18 thereof; and further provided, that when the volunteer firefighter is
19 injured in the line of duty on or after January first, nineteen hundred
20 seventy-nine to June thirtieth, nineteen hundred eighty-three, said
21 firefighter shall receive two hundred fifteen dollars per week during
22 the continuance thereof; and further provided, that when the volunteer
23 firefighter is injured in the line of duty on or after July first, nine-
24 teen hundred eighty-three to June thirtieth, nineteen hundred eighty-
25 four, said firefighter shall receive two hundred fifty-five dollars per
26 week during the continuance thereof; and further provided, that when the
27 volunteer firefighter is injured in the line of duty on or after July
28 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred
29 eighty-five, said firefighter shall receive two hundred seventy-five
30 dollars per week during the continuance thereof; and further provided,
31 that when the volunteer firefighter is injured in the line of duty on or
32 after July first, nineteen hundred eighty-five to June thirtieth, nine-
33 teen hundred ninety, said firefighter shall receive three hundred
34 dollars per week during the continuance thereof; and further provided,
35 that when the volunteer firefighter is injured in the line of duty on or
36 after July first, nineteen hundred ninety to June thirtieth, nineteen
37 hundred ninety-one, said firefighter shall receive three hundred forty
38 dollars per week during the continuance thereof; and further provided,
39 that when a volunteer firefighter is injured in the line of duty on or
40 after July first, nineteen hundred ninety-one to June thirtieth, nine-
41 teen hundred ninety-two, said firefighter shall receive three hundred
42 fifty dollars per week during the continuance thereof; and further
43 provided, that when a volunteer firefighter is injured in the line of
44 duty on or after July first, nineteen hundred ninety-two to December
45 thirty-first, two thousand fourteen, said firefighter shall receive four
46 hundred dollars per week during the continuance thereof; and further
47 provided, that when a volunteer firefighter is injured in the line of
48 duty on or after January first, two thousand fifteen, said firefighter
49 shall receive six hundred fifty dollars during the continuance thereof.
50 Temporary total disability, within the meaning of this section, shall
51 exist only if the earning capacity of the volunteer firefighter has been
52 lost temporarily and totally as the result of the injury. In case of
53 temporary total disability and permanent partial disability both result-
54 ing from the same injury, if the temporary total disability continues
55 for a longer period than the number of weeks set forth in the following
56 schedule, the period of temporary total disability in excess of such
A. 6689--C 3
1 number of weeks shall be added to the period provided in section ten of
2 this article: arm, thirty-two weeks; leg, forty weeks; hand, thirty-two
3 weeks; foot, thirty-two weeks; ear, twenty-five weeks; eye, twenty
4 weeks; thumb, twenty-four weeks; first finger, eighteen weeks; great
5 toe, twelve weeks; second finger, twelve weeks; third finger, eight
6 weeks; fourth finger, eight weeks; toe other than great toe, eight
7 weeks. In any case resulting in loss or partial loss of use of arm, leg,
8 hand, foot, ear, eye, thumb, finger or toe, where the temporary total
9 disability does not extend beyond the periods above mentioned for such
10 injury, benefits shall be limited to the schedule contained in section
11 ten of this article.
12 § 3. Section 8 of the volunteer ambulance workers' benefit law, as
13 amended by chapter 574 of the laws of 1998, is amended to read as
14 follows:
15 § 8. Permanent total disability benefits. In the case of total disa-
16 bility adjudged to be permanent the volunteer ambulance worker shall be
17 paid [four hundred] six hundred fifty dollars for each week during the
18 continuance thereof. Permanent total disability, within the meaning of
19 this section, shall exist only if the earning capacity of the volunteer
20 ambulance worker has been lost permanently and totally as the result of
21 the injury. The loss of both hands, or both arms, or both feet, or both
22 legs, or both eyes, or any two thereof, shall, in the absence of conclu-
23 sive proof to the contrary, constitute permanent total disability, but
24 in all other cases permanent total disability shall be determined in
25 accordance with the facts. Notwithstanding any other provisions of this
26 chapter, an injured volunteer ambulance worker disabled due to the loss
27 or total loss of use of both eyes, or both hands, or both arms, or both
28 feet, or both legs, or any two thereof shall not suffer any diminution
29 of such weekly benefit by engaging in business or employment provided
30 his or her weekly earnings or wages, when combined with his weekly bene-
31 fit shall not be in excess of [six hundred] nine hundred seventy-five
32 dollars; and further provided that the application of this section shall
33 not result in reduction of benefits which an injured volunteer ambulance
34 worker who is disabled due to the loss or total loss of use of both
35 eyes, or both hands, or both arms, or both feet, or both legs, or any
36 two thereof would otherwise be entitled to under any other provisions of
37 this article.
38 § 4. Section 9 of the volunteer ambulance workers' benefit law, as
39 amended by chapter 924 of the laws of 1990, is amended to read as
40 follows:
41 § 9. Temporary total disability benefits. In the case of temporary
42 total disability the volunteer ambulance worker shall be paid three
43 hundred dollars for each week during the continuance thereof; provided,
44 however, that when the volunteer ambulance worker is injured in the line
45 of duty on or after the effective date of this chapter to June thirti-
46 eth, nineteen hundred ninety; further provided, that when the volunteer
47 ambulance worker is injured in the line of duty on or after July first,
48 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
49 said ambulance worker shall receive three hundred forty dollars per week
50 during the continuance thereof, and further provided, that when a volun-
51 teer ambulance worker is injured in the line of duty on or after July
52 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
53 ninety-two, said ambulance worker shall receive three hundred fifty
54 dollars per week during the continuance thereof; provided further that
55 when a volunteer ambulance worker is injured in the line of duty on or
56 after July first, nineteen hundred ninety-two to December thirty-first,
A. 6689--C 4
1 two thousand fourteen such ambulance worker shall be paid four hundred
2 dollars for each week during the continuance thereof; provided further
3 that when a volunteer ambulance worker is injured in the line of duty on
4 or after January first, two thousand fifteen such ambulance worker shall
5 be paid six hundred fifty dollars for each week during the continuance
6 thereof. Temporary total disability, within the meaning of this
7 section, shall exist only if the earning capacity of the volunteer ambu-
8 lance worker has been lost temporarily and totally as the result of the
9 injury. In case of temporary total disability and permanent partial
10 disability both resulting from the same injury, if the temporary total
11 disability continues for a longer period than the number of weeks set
12 forth in the following schedule, the period of temporary total disabili-
13 ty in excess of such number of weeks shall be added to the period
14 provided in section ten of this [chapter] article: arm, thirty-two
15 weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks;
16 ear, twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks;
17 first finger, eighteen weeks; great toe, twelve weeks; second finger,
18 twelve weeks; third finger, eight weeks, fourth finger, eight weeks; toe
19 other than great toe, eight weeks. In any case resulting in loss or
20 partial loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or
21 toe, where the temporary total disability does not extend beyond the
22 periods above mentioned for such injury, benefits shall be limited to
23 the schedule contained in section ten of this [chapter] article.
24 § 5. This act shall take effect on January 1, 2015.
