Rpld §10 sub 4, amd Work Comp L, generally; amd §169, Exec L; amd §2313, Ins L; amd §71, Civ Serv L; amd
§460.10, Pen L
Relates to workers' compensation; establishes the advisory committee on independent medical examinations to advise, counsel and confer with the chair and executive director on matters of policy in connection with the administration and enforcement of laws and regulations relating to independent medical examinations; establishes within the workers' compensation board an office of the independent medical examination inspector general; relates to cost-of-living adjustments of disability benefits; provides that maximum charges and fees for funeral expenses shall not be less than twelve thousand dollars; relates to cost-of-living adjustments of death benefits.
STATE OF NEW YORK
________________________________________________________________________
5901--A
2015-2016 Regular Sessions
IN SENATE
June 10, 2015
___________
Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Rules in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the workers' compensation law, the executive law, the
insurance law, the civil service law and the penal law, in relation to
workers' compensation; and to repeal certain provisions of the work-
ers' compensation law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 10 of the workers' compensation
2 law is REPEALED.
3 § 2. Section 12 of the workers' compensation law, as amended by chap-
4 ter 500 of the laws of 1965, is amended to read as follows:
5 § 12. Compensation not allowed for first seven days. No compensation
6 shall be allowed for the first seven days of disability, except the
7 benefits provided for in section thirteen of this chapter, provided,
8 however, that in case the injury results in disability of more than
9 [fourteen] seven days, the compensation shall be allowed from the date
10 of the disability.
11 § 3. Subdivision 5 of section 13-a of the workers' compensation law,
12 as amended by chapter 6 of the laws of 2007 and as further amended by
13 section 104 of part A of chapter 62 of the laws of 2011, is amended to
14 read as follows:
15 (5) No claim for specialist consultations, surgical operations,
16 physiotherapeutic or occupational therapy procedures, x-ray examinations
17 or special diagnostic laboratory tests costing more than [one] two thou-
18 sand dollars shall be valid and enforceable, as against such employer,
19 unless such special services shall have been authorized by the employer
20 or by the board, or unless such authorization has been unreasonably
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11499-02-6
S. 5901--A 2
1 withheld, or withheld for a period of more than [thirty] seven calendar
2 days from receipt of a request for authorization, or unless such special
3 services are required in an emergency, provided, however, that the basis
4 for a denial of such authorization by the employer must be based on a
5 conflicting second opinion rendered by a physician authorized by the
6 board. The board, with the approval of the superintendent of financial
7 services, shall issue and maintain a list of pre-authorized procedures
8 under this section. Such list of pre-authorized procedures shall be
9 issued and maintained for the purpose of expediting authorization of
10 treatment of injured workers. Such list of pre-authorized procedures
11 shall not be construed or relied upon to support the premise that proce-
12 dures not included on the pre-authorized list should be denied. Pre-au-
13 thorized procedures shall not be given preference over alternative forms
14 of treatment that are not on the pre-authorized procedures list.
15 § 4. Paragraph (c) of subdivision 7 of section 13-a of the workers'
16 compensation law, as added by chapter 6 of the laws of 2007, is amended
17 to read as follows:
18 (c) At the time a request for authorization for special diagnostic
19 tests, x-ray examinations, magnetic resonance imaging or other radiolog-
20 ical examinations or tests costing more than [one] two thousand dollars
21 as required by subdivision five of this section is approved, the insur-
22 ance carrier, self-insurer or state insurance fund, or if so delegated
23 the network with which the insurance carrier, self-insurer or state
24 insurance fund has contracted, shall notify the physician requesting
25 authorization of the requirement that the claimant obtain or undergo the
26 special diagnostic test, x-ray examination, magnetic resonance imaging
27 or other radiological examination or test with a provider or at a facil-
28 ity affiliated with the network or networks with which it has
29 contracted, the contact information for the network and a list of the
30 providers and facilities within the claimant's geographic location, as
31 defined by regulation of the board. The claimant, in consultation with
32 the provider who requested the special diagnostic test, x-ray examina-
33 tion, magnetic resonance imaging or other radiological test or exam,
34 will determine the provider or facility from within the network which
35 will perform such diagnostic test, x-ray examination, magnetic resonance
36 imaging or other radiological examination or test.
37 § 5. Section 2 of the workers' compensation law is amended by adding a
38 new subdivision 24 to read as follows:
39 24. "Examiner" means an individual qualified and authorized to perform
40 independent medical examinations pursuant to sections thirteen-b and
41 thirteen-bb of this chapter and registered with the board pursuant to
42 section thirteen-bb of this chapter.
43 § 6. The workers' compensation law is amended by adding a new section
44 13-bb to read as follows:
45 § 13-bb. Regulation of independent medical examinations. 1. (a) There
46 is hereby established in the workers' compensation board an advisory
47 committee on independent medical examinations which shall consist of
48 three members. One member shall be appointed by the governor; the chief
49 executive officers of the New York State American Federation of Labor-
50 Congress of Industrial Organizations and the Business Council of New
51 York State shall be members by virtue of their offices. The chief execu-
52 tive officers of the New York State American Federation of Labor-Con-
53 gress of Industrial Organizations and the Business Council of New York
54 State may designate representatives to act in their place or stead and
55 on their behalf as members of such advisory committee. In addition, the
56 chair, executive director and the commissioner of labor or their desig-
S. 5901--A 3
1 nated representatives shall be invited to attend and participate in all
2 meetings.
3 (b) It shall be the duty of the advisory committee hereby established
4 to advise, counsel and confer with the chair and executive director on
5 matters of policy in connection with the administration and enforcement
6 of laws and regulations relating to independent medical examinations.
7 The advisory committee shall specifically examine the frequency of use
8 of independent medical examinations, the qualifications of examiners,
9 the existence of conflicts of interest involving examiners and independ-
10 ent medical examination organizations, the frequency with which recom-
11 mendations resulting from independent medical examinations are invali-
12 dated or amended and the adequacy of continuing education programs for
13 examiners to ensure that use of independent medical examinations is not
14 adversely impacting the timeliness or quality of care injured workers
15 receive. The advisory committee shall review existing and proposed state
16 laws and regulations pertaining to independent medical examinations and
17 recommend to the chair, executive director and the chairpersons of the
18 assembly and senate standing committees on labor and insurance, neces-
19 sary changes or additions to laws, regulations and board programs to
20 improve medical care for injured workers, the effectiveness of the
21 board's regulation of independent medical examinations, examiners and
22 independent medical examination organizations and enforcement activ-
23 ities. The committee shall review and revoke authorizations of individ-
24 ual examiners if such examiners exhibit bias, conflicts of interest or
25 otherwise fail to uphold their obligations under this chapter.
26 (c) The chair shall assign staff to assist the advisory committee as
27 necessary and shall provide necessary information and space for meetings
28 of the advisory committee. The advisory committee shall keep a record of
29 its meetings and recommendations.
30 (d) The advisory committee shall meet at the call of the chair or any
31 member and at such other times as it may deem necessary and at such
32 places as may be convenient. In any event, meetings shall be held at
33 least once per state fiscal quarter. An initial meeting shall be held
34 within sixty days after the effective date of this section.
35 2. All examiners and all individuals with ownership interests in inde-
36 pendent medical examination organizations must file statements of finan-
37 cial disclosure with the board on an annual basis as described in subdi-
38 vision four of this section.
39 3. The annual statement of financial disclosure shall contain the
40 following information and shall be in the form set forth below:
41 Annual statement of financial disclosure - (For calendar year)
42 1. Name
43 2. (a) check one
44 ( ) Examiner
45 ( ) Owner of independent medical examination organization
46 Name and address of independent medical examination
47 organization
48 ________________________________________________________________________
49 ________________________________________________________________________
50 (b) Address of Present Office
51 (c) Office Telephone Number
52 3. (a) Marital Status
53 If married, please give spouse's full name including maiden name where
54 applicable.
55 (b) List the names of all unemancipated children.
S. 5901--A 4
1 ________________________________________________________________________
2 ________________________________________________________________________
3 ________________________________________________________________________
4 Answer each of the following questions completely, with respect to
5 calendar year , unless another period or date is otherwise speci-
6 fied. If additional space is needed, attach additional pages.
7 Whenever a "value" or "amount" is required to be reported herein, such
8 value or amount shall be reported as being within one of the following
9 Categories in Table I or Table II of this subdivision as called for in
10 the question: A reporting individual shall indicate the Category by
11 letter only. Whenever "income" is required to be reported herein, the
12 term "income" shall mean the aggregate net income before taxes from the
13 source identified. The term "calendar year" shall mean the year ending
14 the December 31st preceding the date of filing of the annual statement.
15 4. (a) List any office, trusteeship, directorship, partnership, or posi-
16 tion of any nature, whether compensated or not, held by the reporting
17 individual with any firm, corporation, association, partnership, or
18 other organization. Include compensated honorary positions; do not list
19 membership or uncompensated honorary positions.
20 Position Organization
21 ________________________________________________________________________
22 ________________________________________________________________________
23 (b) List any office, trusteeship, directorship, partnership, or position
24 of any nature, whether compensated or not, held by the spouse or uneman-
25 cipated child of the reporting individual, with any firm, corporation,
26 association, partnership, or other organization. Include compensated
27 honorary positions; do not list membership or uncompensated honorary
28 positions.
29 Position Organization
30 ________________________________________________________________________
31 ________________________________________________________________________
32 ________________________________________________________________________
33 ________________________________________________________________________
34 5. List the name, address and description of any occupation, employment
35 (other than the employment listed under Item 2 above), trade, business
36 or profession engaged in by the reporting individual.
37 Name & Address of Organization Position Description
38 ________________________________________________________________________
39 ________________________________________________________________________
40 ________________________________________________________________________
41 ________________________________________________________________________
42 6. List each source of gifts in excess of $500, received during the
43 reporting period for which this statement is filed by the reporting
44 individual or such individual's spouse or unemancipated child from the
45 same donor, excluding gifts from a relative. Include the name and
46 address of the donor. The term "gifts" does not include reimbursements,
47 which term is defined in item 7. Indicate the value and nature of each
48 such gift.
49 Category Self, Spouse or Name of Nature of Value of
50 Child Donor Gift Gift
51 ________________________________________________________________________
52 ________________________________________________________________________
53 ________________________________________________________________________
54 ________________________________________________________________________
55 7. Identify and briefly describe the source of any reimbursements for
56 expenditures, in excess of $250 from each such source. For purposes of
S. 5901--A 5
1 this item, the term "reimbursements" shall mean any travel-related
2 expenses provided by sources and for activities related to the reporting
3 individual's official duties such as, speaking engagements, conferences,
4 or fact finding events. The term "reimbursements" does not include gifts
5 reported under item 6.
6 Source Description
7 ________________________________________________________________________
8 ________________________________________________________________________
9 8. List the identity and value, if reasonably ascertainable, of each
10 interest in a trust, estate or other beneficial interest, including
11 retirement plans, and deferred compensation plans (e.g. 401, 403(b),
12 457, etc.) established in accordance with the internal revenue code, in
13 which the reporting individual held a beneficial interest in excess of
14 $1,000 at any time during the preceding year. Do not report interests in
15 a trust, estate or other beneficial interest established by or for, or
16 the estate of, a relative.
17 Identity Category of Value* (In Table II)
18 ________________________________________________________________________
19 ________________________________________________________________________
20 * The value of such interest shall be reported only if reasonably
21 ascertainable.
22 9. List below the nature and amount of any income in excess of $500 from
23 each source for the reporting individual and such individual's spouse
24 for the taxable year last occurring prior to the date of filing. Each
25 such source must be described with particularity. Income includes, but
26 is not limited to, all income (other than that received from the employ-
27 ment listed under Item 2 above) from compensated employment whether
28 public or private, directorships and other fiduciary positions, contrac-
29 tual arrangements, teaching income, partnerships, honorariums, lecture
30 fees, consultant fees, bank and bond interest, dividends, income derived
31 from a trust, real estate rents, and recognized gains from the sale or
32 exchange of real or other property. Income from a business or profession
33 and real estate rents shall be reported with the source identified by
34 the building address in the case of real estate rents and otherwise by
35 the name of the entity and not by the name of the individual customers,
36 clients or tenants, with the aggregate net income before taxes for each
37 building address or entity. The receipt of maintenance received in
38 connection with a matrimonial action, alimony and child support payments
39 shall not be listed.
40 Self/ Category Spouse
41 Source Nature of Income of Amount (In Table I)
42 ________________________________________________________________________
43 ________________________________________________________________________
44 ________________________________________________________________________
45 ________________________________________________________________________
46 10. List the sources of any deferred income (not retirement income) in
47 excess of $500 from each source to be paid to the reporting individual
48 following the close of the calendar year for which this disclosure
49 statement is filed, other than deferred compensation reported in item 8
50 hereinabove. Deferred income derived from the practice of a profession
51 shall be listed in the aggregate and shall identify as the source, the
52 name of the firm, corporation, partnership or association through which
53 the income was derived, but shall not identify individual clients.
S. 5901--A 6
1 Self/ Category Spouse
2 Source Nature of Income of Amount (In Table I)
3 ________________________________________________________________________
4 ________________________________________________________________________
5 ________________________________________________________________________
6 ________________________________________________________________________
7 11. List each assignment of income in excess of $500, and each transfer
8 other than to a relative during the reporting period for which this
9 statement is filed for less than fair consideration of an interest in a
10 trust, estate or other beneficial interest, securities or real property,
11 by the reporting individual, in excess of $500, which would otherwise be
12 required to be reported herein and is not or has not been so reported.
13 Category
14 Source Item Assigned of Value (In Table I)
15 ________________________________________________________________________
16 ________________________________________________________________________
17 ________________________________________________________________________
18 ________________________________________________________________________
19 12. List below the type and market value of securities held by the
20 reporting individual or such individual's spouse from each issuing enti-
21 ty in excess of $1,000 at the close of the taxable year last occurring
22 prior to the date of filing, including the name of the issuing entity
23 exclusive of securities held by the reporting individual issued by a
24 professional corporation. Whenever an interest in securities exists
25 through a beneficial interest in a trust, the securities held in such
26 trust shall be listed only if the reporting individual has knowledge
27 thereof except where the reporting individual or the reporting individ-
28 ual's spouse has transferred assets to such trust for his or her benefit
29 in which event such securities shall be listed unless they are not
30 ascertainable by the reporting individual because the trustee is under
31 an obligation not to disclose the contents of the trust to the reporting
32 individual. Securities of which the reporting individual or the report-
33 ing individual's spouse is the owner of record but in which such indi-
34 vidual or the reporting individual's spouse has no beneficial interest
35 shall not be listed. Indicate percentage of ownership only if the
36 reporting person or the reporting person's spouse holds more than five
37 percent (5%) of the stock of a corporation in which the stock is public-
38 ly traded or more than ten percent (10%) of the stock of a corporation
39 in which the stock is not publicly traded. Also list securities owned
40 for investment purposes by a corporation more than fifty percent (50%)
41 of the stock of which is owned or controlled by the reporting individual
42 or such individual's spouse. For the purpose of this item, the term
43 "securities" shall mean mutual funds, bonds, mortgages, notes, obli-
44 gations, warrants and stocks of any class, investment interests in
45 limited or general partnerships and certificates of deposits (CDs) and
46 such other evidences of indebtedness and certificates of interest as are
47 usually referred to as securities. The market value for such securities
48 shall be reported only if reasonably ascertainable and shall not be
49 reported if the security is an interest in a general partnership that
50 was listed above or if the security is corporate stock, NOT publicly
51 traded, in a trade or business of a reporting individual or a reporting
52 individual's spouse.
53 Self/ Issuing Type of Percentage of Category of Value
54 Spouse Entity Security Ownership (In Table II)
55 ________________________________________________________________________
56 ________________________________________________________________________
S. 5901--A 7
1 ________________________________________________________________________
2 13. List below the location, size, general nature, acquisition date,
3 market value and percentage of ownership of any real property in which
4 any vested or contingent interest in excess of $1,000 is held by the
5 reporting individual or the reporting individual's spouse. Also list
6 real property owned for investment purposes by a corporation more than
7 fifty percent (50%) of the stock of which is owned or controlled by the
8 reporting individual or such individual's spouse. Do not list any real
9 property which is the primary or secondary personal residence of the
10 reporting individual or the reporting individual's spouse, except where
11 there is a co-owner who is other than a relative.
12 Self/ Location Percentage General Acquisition Category of Market
13 Spouse Size of Ownership Nature Date Value
14 (In Table II)
15 ________________________________________________________________________
16 ________________________________________________________________________
17 ________________________________________________________________________
18 ________________________________________________________________________
19 14. List below all notes and accounts receivable, other than from goods
20 or services sold, held by the reporting individual at the close of the
21 taxable year last occurring prior to the date of filing and other debts
22 owed to such individual at the close of the taxable year last occurring
23 prior to the date of filing, in excess of $500, including the name of
24 the debtor, type of obligation, date due and the nature of the collat-
25 eral securing payment of each, if any, excluding securities reported
26 above. Debts, notes and accounts receivable owed to the individual by a
27 relative shall not be reported.
28 Name of Type of Date Nature of Category of
29 Debtor Obligation Due Collateral Amount (In Table II)
30 ________________________________________________________________________
31 ________________________________________________________________________
32 ________________________________________________________________________
33 ________________________________________________________________________
34 15. List below all liabilities of the reporting individual and such
35 individual's spouse, in excess of $2,500 as of the date of filing of
36 this statement, other than liabilities to a relative. Do not list
37 liabilities incurred by, or guarantees made by, the reporting individual
38 or such individual's spouse or by any proprietorship, partnership or
39 corporation in which the reporting individual or such individual's
40 spouse has an interest, when incurred or made in the ordinary course of
41 the trade, business or professional practice of the reporting individual
42 or such individual's spouse. Include the name of the creditor and any
43 collateral pledged by such individual to secure payment of any such
44 liability. A reporting individual shall not list any obligation to pay
45 maintenance in connection with a matrimonial action, alimony or child
46 support payments. Any loan issued in the ordinary course of business by
47 a financial institution to finance educational costs, the cost of home
48 purchase or improvements for a primary or secondary residence, or
49 purchase of a personally owned motor vehicle, household furniture or
50 appliances shall be excluded. If any such reportable liability has been
51 guaranteed by any third person, list the liability and name the guaran-
52 tor.
53 Category
54 Name of Creditor Type Collateral, Category of
55 or Guarantor of Liability of if any Amount (In Table II)
S. 5901--A 8
1 ________________________________________________________________________
2 ________________________________________________________________________
3 ________________________________________________________________________
4 ________________________________________________________________________
5 The requirements of law relating to the reporting of financial interests
6 are in the public interest and no adverse inference of unethical or
7 illegal conduct or behavior will be drawn merely from compliance with
8 these requirements.
9 (Signature of Reporting Individual) Date (month/day/year)
10 TABLE I
11 Category A none
12 Category B $ 1 to under $ 1,000
13 Category C $ 1,000 to under $ 5,000
14 Category D $ 5,000 to under $ 20,000
15 Category E $ 20,000 to under $ 50,000
16 Category F $ 50,000 to under $ 75,000
17 Category G $ 75,000 to under $ 100,000
18 Category H $ 100,000 to under $ 150,000
19 Category I $ 150,000 to under $ 250,000
20 Category J $ 250,000 to under $ 350,000
21 Category K $ 350,000 to under $ 450,000
22 Category L $ 450,000 to under $ 550,000
23 Category M $ 550,000 to under $ 650,000
24 Category N $ 650,000 to under $ 750,000
25 Category O $ 750,000 to under $ 850,000
26 Category P $ 850,000 to under $ 950,000
27 Category Q $ 950,000 to under $ 1,050,000
28 Category R $ 1,050,000 to under $ 1,150,000
29 Category S $1,150,000 to under $1,250,000
30 Category T $1,250,000 to under $1,350,000
31 Category U $1,350,000 to under $1,450,000
32 Category V $1,450,000 to under $1,550,000
33 Category W $1,550,000 to under $1,650,000
34 Category X $1,650,000 to under $1,750,000
35 Category Y $1,750,000 to under $1,850,000
36 Category Z $1,850,000 to under $1,950,000
37 Category AA $1,950,000 to under $2,050,000
38 Category BB $2,050,000 to under $2,150,000
39 Category CC $2,150,000 to under $2,250,000
40 Category DD $2,250,000 to under $2,350,000
41 Category EE $2,350,000 to under $2,450,000
42 Category FF $2,450,000 to under $2,550,000
43 Category GG $2,550,000 to under $2,650,000
44 Category HH $2,650,000 to under $2,750,000
45 Category II $2,750,000 to under $2,850,000
46 Category JJ $2,850,000 to under $2,950,000
47 Category KK $2,950,000 to under $3,050,000
48 Category LL $3,050,000 to under $3,150,000
49 Category MM $3,150,000 to under $3,250,000
50 Category NN $3,250,000 to under $3,350,000
51 Category OO $3,350,000 to under $3,450,000
52 Category PP $3,450,000 to under $3,550,000
53 Category QQ $3,550,000 to under $3,650,000
54 Category RR $3,650,000 to under $3,750,000
55 Category SS $3,750,000 to under $3,850,000
56 Category TT $3,850,000 to under $3,950,000
S. 5901--A 9
1 Category UU $3,950,000 to under $4,050,000
2 Category VV $4,050,000 to under $4,150,000
3 Category WW $4,150,000 to under $4,250,000
4 Category XX $4,250,000 to under $4,350,000
5 Category YY $4,350,000 to under $4,450,000
6 Category ZZ $4,450,000 to under $4,550,000
7 Category AAA $4,550,000 to under $4,650,000
8 Category BBB $4,650,000 to under $4,750,000
9 Category CCC $4,750,000 to under $4,850,000
10 Category DDD $4,850,000 to under $4,950,000
11 Category EEE $4,950,000 to under $5,050,000
12 Category FFF $5,050,000 to under $5,150,000
13 Category GGG $5,150,000 to under $5,250,000
14 Category HHH $5,250,000 to under $5,350,000
15 Category III $5,350,000 to under $5,450,000
16 Category JJJ $5,450,000 to under $5,550,000
17 Category KKK $5,550,000 to under $5,650,000
18 Category LLL $5,650,000 to under $5,750,000
19 Category MMM $5,750,000 to under $5,850,000
20 Category NNN $5,850,000 to under $5,950,000
21 Category OOO $5,950,000 to under $6,050,000
22 Category PPP $6,050,000 to under $6,150,000
23 Category QQQ $6,150,000 to under $6,250,000
24 Category RRR $6,250,000 to under $6,350,000
25 Category SSS $6,350,000 to under $6,450,000
26 Category TTT $6,450,000 to under $6,550,000
27 Category UUU $6,550,000 to under $6,650,000
28 Category VVV $6,650,000 to under $6,750,000
29 Category WWW $6,750,000 to under $6,850,000
30 Category XXX $6,850,000 to under $6,950,000
31 Category YYY $6,950,000 to under $7,050,000
32 Category ZZZ $7,050,000 to under $7,150,000
33 Category AAAA $7,150,000 to under $7,250,000
34 Category BBBB $7,250,000 to under $7,350,000
35 Category CCCC $7,350,000 to under $7,450,000
36 Category DDDD $7,450,000 to under $7,550,000
37 Category EEEE $7,550,000 to under $7,650,000
38 Category FFFF $7,650,000 to under $7,750,000
39 Category GGGG $7,750,000 to under $7,850,000
40 Category HHHH $7,850,000 to under $7,950,000
41 Category IIII $7,950,000 to under $8,050,000
42 Category JJJJ $8,050,000 to under $8,150,000
43 Category KKKK $8,150,000 to under $8,250,000
44 Category LLLL $8,250,000 to under $8,350,000
45 Category MMMM $8,350,000 to under $8,450,000
46 Category NNNN $8,450,000 to under $8,550,000
47 Category OOOO $8,550,000 to under $8,650,000
48 Category PPPP $8,650,000 to under $8,750,000
49 Category QQQQ $8,750,000 to under $8,850,000
50 Category RRRR $8,850,000 to under $8,950,000
51 Category SSSS $8,950,000 to under $9,050,000
52 Category TTTT $9,050,000 to under $9,150,000
53 Category UUUU $9,150,000 to under $9,250,000
54 Category VVVV $9,250,000 to under $9,350,000
55 Category WWWW $9,350,000 to under $9,450,000
56 Category XXXX $9,450,000 to under $9,550,000
S. 5901--A 10
1 Category YYYY $9,550,000 to under $9,650,000
2 Category ZZZZ $9,650,000 to under $9,750,000
3 Category AAAAA $9,750,000 to under $9,850,000
4 Category BBBBB $9,850,000 to under $9,950,000
5 Category CCCCC $9,950,000 to under $10,000,000
6 Category DDDDD $10,000,000 or over
7 TABLE II
8 Category A none
9 Category B $1 to under $1,000
10 Category C $1,000 to under $5,000
11 Category D $5,000 to under $20,000
12 Category E $20,000 to under $50,000
13 Category F $50,000 to under $75,000
14 Category G $75,000 to under $100,000
15 Category H $100,000 to under $150,000
16 Category I $150,000 to under $250,000
17 Category J $250,000 to under $500,000
18 Category K $500,000 to under $750,000
19 Category L $750,000 to under $1,000,000
20 Category M $1,000,000 to under $1,250,000
21 Category N $1,250,000 to under $1,500,000
22 Category O $1,500,000 to under $1,750,000
23 Category P $1,750,000 to under $2,000,000
24 Category Q $2,000,000 to under $2,250,000
25 Category R $2,250,000 to under $2,500,000
26 Category S $2,500,000 to under $2,750,000
27 Category T $2,750,000 to under $3,000,000
28 Category U $3,000,000 to under $3,250,000
29 Category V $3,250,000 to under $3,500,000
30 Category W $3,500,000 to under $3,750,000
31 Category X $3,750,000 to under $4,000,000
32 Category Y $4,000,000 to under $4,250,000
33 Category Z $4,250,000 to under $4,500,000
34 Category AA $4,500,000 to under $4,750,000
35 Category BB $4,750,000 to under $5,000,000
36 Category CC $5,000,000 to under $5,250,000
37 Category DD $5,250,000 to under $5,500,000
38 Category EE $5,500,000 to under $5,750,000
39 Category FF $5,750,000 to under $6,000,000
40 Category GG $6,000,000 to under $6,250,000
41 Category HH $6,250,000 to under $6,500,000
42 Category II $6,500,000 to under $6,750,000
43 Category JJ $6,750,000 to under $7,000,000
44 Category KK $7,000,000 to under $7,250,000
45 Category LL $7,250,000 to under $7,500,000
46 Category MM $7,500,000 to under $7,750,000
47 Category NN $7,750,000 to under $8,000,000
48 Category OO $8,000,000 to under $8,250,000
49 Category PP $8,250,000 to under $8,500,000
50 Category QQ $8,500,000 to under $8,750,000
51 Category RR $8,750,000 to under $9,000,000
52 Category SS $9,000,000 to under $9,250,000
53 Category TT $9,250,000 to under $9,500,000
54 Category UU $9,500,000 or over
55 4. A reporting individual who knowingly and willfully fails to file an
56 annual statement of financial disclosure or who knowingly and willfully
S. 5901--A 11
1 with intent to deceive makes a false statement or gives information
2 which such individual knows to be false on such statement of financial
3 disclosure filed pursuant to this section shall be subject to a civil
4 penalty in an amount not to exceed forty thousand dollars. Assessment
5 of a civil penalty hereunder shall be made by the board.
6 The board may in lieu of or in addition to a civil penalty, refer a
7 violation to the appropriate prosecutor and upon such conviction, but
8 only after such referral, such violation shall be punishable as a class
9 A misdemeanor. A civil penalty for false filing may not be imposed here-
10 under in the event a category of "value" or "amount" reported hereunder
11 is incorrect unless such reported information is falsely understated.
12 Notwithstanding any other provision of law to the contrary, no other
13 penalty, civil or criminal may be imposed for a failure to file, or for
14 a false filing, of such statement, except that the board may impose
15 disciplinary action as otherwise provided by law. The board shall be
16 deemed to be an agency within the meaning of article three of the state
17 administrative procedure act and shall adopt rules governing the conduct
18 of adjudicatory proceedings and appeals relating to the assessment of
19 the civil penalties herein authorized. Such rules, which shall be
20 subject to the approval requirements of the state administrative proce-
21 dure act, shall provide for due process procedural mechanisms substan-
22 tially similar to those set forth in such article three but such mech-
23 anisms need not be identical in terms or scope. Assessment of a civil
24 penalty shall be final unless modified, suspended or vacated within
25 thirty days of imposition and upon becoming final shall be subject to
26 review at the instance of the affected reporting individual in a
27 proceeding commenced against the board, pursuant to article seventy-
28 eight of the civil practice law and rules.
29 5. Notwithstanding any other provision of law or any professional
30 disciplinary rule to the contrary, the disclosure of the identity of any
31 client or customer on a reporting individual's annual statement of
32 financial disclosure shall not constitute professional misconduct or a
33 ground for disciplinary action of any kind, or form the basis for any
34 civil or criminal cause of action or proceeding.
35 6. Starting January first, two thousand nineteen, in addition to
36 requirements set forth in section thirteen-b of this article, examiners
37 must: (a) treat fifty patients per year; (b) treat ten injured workers
38 per year; (c) perform twenty-four credit hours of continuing examiner
39 education per year, six hours of which must focus on professional
40 ethics; and (d) register with the board annually and submit an annual
41 registration fee of five hundred dollars.
42 7. (a) Pursuant to the state administrative procedure law, on or
43 before January first, two thousand sixteen, the chair shall promulgate
44 regulations establishing a statewide continuing examiner education
45 program.
46 (b) All continuing examiner education courses must be organized,
47 taught and administered by board staff with expertise in the subject
48 matter of the course.
49 (c) Courses must be performed and attended in-person.
50 (d) Courses must address one or more of the following topics: profes-
51 sional responsibility, ethics and technological advancements in treat-
52 ment of injured workers.
53 8. (a) There is hereby established in the workers' compensation board
54 an office of the independent medical examination inspector general.
55 (b) The office shall be administered by an independent inspector
56 general. On or before January first, two thousand seventeen, the inspec-
S. 5901--A 12
1 tor general shall be appointed by the governor, with the advice and
2 consent of the senate. The independent medical examination inspector
3 general shall serve for a term of twelve years. The independent medical
4 examination inspector general shall receive an annual salary of one
5 hundred fifty thousand dollars and may not hold any other office or
6 position or engage in other employment.
7 (c) Fees, assessments, fines and penalties paid pursuant to subdivi-
8 sions four, six and nine of this section shall be collected by the board
9 and maintained in a dedicated fund to be used as the operating revenue
10 of the office of the independent medical examination inspector general.
11 The chair shall provide additional revenue as necessary to carry out the
12 responsibilities of the office.
13 (d) The office of the independent medical examiner inspector general
14 shall: (i) enforce annual registration and financial disclosure require-
15 ments pursuant to this section; (ii) collect, review and aggregate
16 information contained in annual financial disclosure statements; (iii)
17 periodically audit examiners and independent medical examination organ-
18 izations to verify the veracity of information contained in annual
19 audits and to verify compliance with continuing examiner education
20 requirements; (iv) investigate conflicts of interest, malfeasance and
21 nonfeasance in connection with independent medical examinations; and (v)
22 report annually to the governor, temporary president of the senate and
23 speaker of the assembly on the use of independent medical examinations,
24 on individual investigations and recommend regulatory and statutory
25 changes.
26 9. For each independent medical examination ordered or requested by a
27 carrier or the state fund and performed by an examiner, the carrier or
28 state fund shall pay an assessment of fifty dollars to the board within
29 seven days of the date of the examination. Such assessment shall be
30 maintained by the board in a dedicated fund for the purpose of funding
31 the office of the independent medical examination inspector general.
32 § 7. Section 13-f of the workers' compensation law is amended by
33 adding a new subdivision 3 to read as follows:
34 (3) The chair shall immediately conduct a study to analyze the avail-
35 ability and quality of care for injured workers based on specialty,
36 practice area and geographical region of the state. The results of that
37 study shall be released to the public on or before December thirty-
38 first, two thousand sixteen. Where certain geographical regions of the
39 state are underserved by authorized providers in a specialty, the chair
40 shall devise and implement a course of action to attract additional
41 providers of that specific specialty to participate in the system. This
42 course of action shall include, but is not limited to, increasing
43 medical reimbursement rates for specialty services in regions where
44 participating providers of such services are scarce, regardless of over-
45 all increase of cost to the system.
46 § 8. Section 13-g of the workers' compensation law is amended by
47 adding a new subdivision 1-a to read as follows:
48 (1-a) Where an employer or carrier exhibits a pattern of controverting
49 medical bills on the forty-fifth day following rendering, there shall be
50 a presumption that such controversion is frivolous and unfounded. If the
51 employer or carrier fails to provide clear and convincing evidence
52 rebutting this presumption, the carrier or employer must pay the bill as
53 if notice of controversion has not been provided. For the purposes of
54 this section, a pattern of controversion on the forty-fifth day follow-
55 ing rendering exists where within the past six months, five percent or
56 more of an employer or carrier's medical bill controversions occur on
S. 5901--A 13
1 the forty-fifth day following rendering. The chair shall maintain a
2 list, to be published on the board's website and to be updated daily, of
3 employers and carriers whose controversion practices qualify them for
4 such presumption.
5 § 9. Subdivision 3 of section 13-n of the workers' compensation law,
6 as added by chapter 6 of the laws of 2007, is amended to read as
7 follows:
8 3. The chair, upon finding that an examiner or entity that derives
9 income from independent medical examinations has materially altered an
10 independent medical examination report, or caused such a report to be
11 materially altered, [may] shall revoke the authorization of such examin-
12 er or the registration of such entity, impose a penalty [not exceeding]
13 of at least ten thousand dollars and refer the matter to the attorney
14 general for prosecution.
15 § 10. Subdivision 5 of section 14 of the workers' compensation law, as
16 amended by chapter 730 of the laws of 1978, is amended to read as
17 follows:
18 5. If it be established that the injured employee was under the age of
19 [twenty-five] thirty-five when injured, or was accepted to or enrolled
20 in an apprenticeship training program approved by the commissioner of
21 labor pursuant to article twenty-three of the labor law, and that under
22 normal conditions his or her wages would be expected to increase, that
23 fact [may] shall be considered in arriving at his or her average weekly
24 wages.
25 § 11. The section heading of section 14-a of the workers' compensation
26 law, as amended by chapter 142 of the laws of 1947, is amended to read
27 as follows:
28 Double compensation and death benefits when [minors] workers illegally
29 employed.
30 § 12. Subdivision 1 of section 14-a of the workers' compensation law,
31 as amended by chapter 67 of the laws of 1983, is amended to read as
32 follows:
33 1. Compensation, death benefits, and awards to the commissioner of
34 taxation and finance in accordance with subdivision nine of section
35 fifteen and section twenty-five-a, as provided in this article, shall be
36 double the amount otherwise payable if the injured employee at the time
37 of the accident is [a minor employed,] permitted or suffered to work in
38 violation of any provision of the labor law or in violation of [any rule
39 heretofore or hereafter adopted by the board of standards and appeals
40 pursuant to subdivision four of section one hundred thirty-three of said
41 law] municipal, county, state or federal statute, rule or regulation.
42 An employer who knowingly permits or suffers a newspaper carrier to
43 work in violation of section thirty-two hundred twenty-eight of the
44 education law, shall be liable for the increased awards provided by this
45 section.
46 § 13. Subdivision 1 of section 15 of the workers' compensation law, as
47 amended by chapter 675 of the laws of 1977, is amended to read as
48 follows:
49 1. Permanent total disability. In case of total disability adjudged to
50 be permanent sixty-six and two-thirds per centum of the average weekly
51 wages shall be paid to the employee during the continuance of such total
52 disability. Loss of both hands, or both arms, or both feet, or both
53 legs, or both eyes, or of any two thereof, or approval for federal
54 social security disability benefits, shall, in the absence of conclusive
55 proof to the contrary, constitute permanent total disability. In all
56 other cases permanent total disability shall be determined in accordance
S. 5901--A 14
1 with the facts. Notwithstanding any other provision of this chapter, an
2 injured employee disabled due to the loss or total loss of use of both
3 eyes, or both hands, or both arms, or both feet, or both legs, or of any
4 two thereof shall not suffer any diminution of his compensation by
5 engaging in business or employment provided his or her earnings or
6 wages, when combined with his compensation, shall not be in excess of
7 the wage base on which the maximum weekly compensation benefit is
8 computed under the law in effect at time of such earning; further
9 provided, that if the combination exceeds such wage base, the compen-
10 sation shall be diminished to an amount which, together with his or her
11 earnings or wages, shall equal the wage base; and further provided that
12 the application of this subdivision shall not result in reduction of
13 compensation which an injured employee who is disabled due to the loss
14 or total loss of use of both eyes, or both hands, or both arms, or both
15 feet, or both legs or of any two thereof, would otherwise be entitled to
16 under any other provision of this section.
17 § 14. Subdivision 3 of section 15 of the workers' compensation law,
18 paragraph e as amended by chapter 317 and paragraph f as amended by
19 chapter 320 of the laws of 1924, paragraph m as amended by chapter 554
20 of the laws of 1927, paragraph o as amended by chapter 754 of the laws
21 of 1928, paragraph q as amended by chapter 661 of the laws of 1935,
22 paragraph s as amended by chapter 204 of the laws of 1988, paragraph t
23 as amended by chapter 774 of the laws of 1945, subparagraphs 1 and 2 of
24 paragraph t as amended by chapter 924 of the laws of 1990, paragraph u
25 as amended by chapter 351 of the laws of 2009, paragraph v as amended by
26 chapter 364 of the laws of 1989 and paragraph w as amended by chapter 6
27 of the laws of 2007, is amended to read as follows:
28 3. Permanent partial disability. In case of disability partial in
29 character but permanent in quality the compensation shall be sixty-six
30 and two-thirds per centum of the average weekly wages and shall be paid
31 to the employee for the period named in this subdivision, as follows:
32 Number of
33 Member lost weeks' compensation
34 a. Arm ........................................................... [312]
35 624
36 b. Leg ........................................................... [288]
37 576
38 c. Hand .......................................................... [244]
39 488
40 d. Foot .......................................................... [205]
41 410
42 e. eye ........................................................... [160]
43 320
44 f. Thumb .......................................................... [75]
45 150
46 g. First finger ................................................... [46]
47 92
48 h. Great toe ...................................................... [38]
49 76
50 i. Second finger .................................................. [30]
51 60
52 j. Third finger ................................................... [25]
53 50
54 k. Toe other than great toe ....................................... [16]
55 32
S. 5901--A 15
1 l. Fourth finger .................................................. [15]
2 30
3 m. Loss of hearing. Compensation for the complete loss of the hearing
4 of one ear, for [sixty] one hundred twenty weeks, for the loss of hear-
5 ing of both ears, for [one hundred and fifty] three hundred weeks.
6 n. Phalanges. Compensation for the loss of [more than] one phalange of
7 a digit shall be the same as for loss of the entire digit. [Compensation
8 for loss of the first phalange shall be one-half of the compensation for
9 loss of the entire digit.]
10 o. Amputated arm or leg. Compensation for an arm or a leg, if amputat-
11 ed at or above the wrist or ankle, shall be for the [proportionate loss
12 of the] entire arm or leg.
13 p. Binocular vision or per centum of vision. Compensation for loss of
14 binocular vision or for [eighty] fifty per centum or more of the vision
15 of an eye shall be the same as for loss of the eye.
16 q. Two or more digits. Compensation for loss or loss of use of two or
17 more digits, or one or more phalanges of two or more digits, of a hand
18 or foot [may be proportioned to the loss of use of the hand or foot
19 occasioned thereby but shall not exceed] shall equal the compensation
20 for loss of a hand or foot.
21 r. Total loss of use. Compensation for permanent total loss of use of
22 a member shall be the same as for loss of the member.
23 s. Partial loss or partial loss of use. Compensation for permanent
24 partial loss or loss of use of a member may be for proportionate loss or
25 loss of use of the member. Compensation for permanent partial loss or
26 loss of use of an eye shall be awarded on the basis of uncorrected loss
27 of vision or corrected loss of vision resulting from an injury whichever
28 is the greater.
29 t. Disfigurement. 1. The board [may] shall award proper and equitable
30 compensation for serious [facial or head] disfigurement, not to exceed
31 [twenty] five hundred thousand dollars[, including a disfigurement
32 continuous in length which is partially in the facial area and also
33 extends into the neck region as described in paragraph two hereof].
34 2. The board, if in its opinion the earning capacity of an employee
35 has been or may in the future be impaired, may award compensation for
36 any serious disfigurement [in the region above the sterno clavicular
37 articulations anterior to and including the region of the sterno cleido
38 mastoid muscles on either side], but no award under subdivisions one and
39 two of this section shall, in the aggregate, exceed [twenty] five
40 hundred thousand dollars.
41 [3. Notwithstanding any other provision hereof, two or more serious
42 disfigurements, not continuous in length, resulting from the same inju-
43 ry, if partially in the facial area and partially in the neck region as
44 described in paragraph two hereof, shall be deemed to be a facial
45 disfigurement.]
46 u. Total or partial loss or loss of use of more than one member or
47 parts of members. In any case in which there shall be a loss or loss of
48 use of more than one member or parts of more than one member set forth
49 in paragraphs a through t, inclusive, of this subdivision, but not
50 amounting to permanent total disability, the board shall award compen-
51 sation for the loss or loss of use of each such member or part thereof,
52 which awards shall be fully payable in one lump sum upon the request of
53 the injured employee.
54 v. Additional compensation for impairment of wage earning capacity in
55 certain permanent partial disabilities. Notwithstanding any other
56 provision of this subdivision, [additional] compensation shall be paya-
S. 5901--A 16
1 ble for impairment of wage earning capacity [for any period after the
2 termination of an award], during the entire period of such impairment,
3 regardless of whether an award was made under paragraphs a, b, c, [or]
4 d, e, f, g, h, i, j, k, l, m, n, o, p, q, r, s, t, or u of this subdivi-
5 sion for the loss or proportional loss of use of [fifty per centum or
6 more of] a member, provided such impairment of earning capacity shall be
7 due solely thereto. Such [additional] compensation shall be determined
8 in accordance with paragraph w of this subdivision. [The additional
9 compensation shall be reduced by fifty per centum of any amount of disa-
10 bility benefits which the disabled employee is receiving or entitled to
11 receive for the same period under the social security act, and shall
12 cease on the date the disabled employee receives or is entitled to
13 receive old-age insurance benefits under the social security act.] As
14 soon as practicable after the injury, the worker shall be required to
15 participate in a board approved rehabilitation program; or shall have
16 demonstrated cooperation with efforts to institute such a board approved
17 program and shall have been determined by the board not to be a feasible
18 candidate for rehabilitation; such rehabilitation shall constitute
19 treatment and care as provided in this chapter.
20 w. Other cases. In all other cases of permanent partial disability,
21 the compensation shall be sixty-six and two-thirds percent of the
22 difference between the injured employee's average weekly wages and his
23 or her wage-earning capacity thereafter in the same employment or other-
24 wise. Compensation under this paragraph shall be payable during the
25 continuance of such permanent partial disability, but subject to recon-
26 sideration of the degree of such impairment by the board on its own
27 motion or upon application of any party in interest [however, all
28 compensation payable under this paragraph shall not exceed (i) five
29 hundred twenty-five weeks in cases in which the loss of wage-earning
30 capacity is greater than ninety-five percent; (ii) five hundred weeks in
31 cases in which the loss of wage-earning capacity is greater than ninety
32 percent but not more than ninety-five percent; (iii) four hundred seven-
33 ty-five weeks in cases in which the loss of wage-earning capacity is
34 greater than eighty-five percent but not more than ninety percent; (iv)
35 four hundred fifty weeks in cases in which the loss of wage-earning
36 capacity is greater than eighty percent but not more than eighty-five
37 percent; (v) four hundred twenty-five weeks in cases in which the loss
38 of wage-earning capacity is greater than seventy-five percent but not
39 more than eighty percent; (vi) four hundred weeks in cases in which the
40 loss of wage-earning capacity is greater than seventy percent but not
41 more than seventy-five percent; (vii) three hundred seventy-five weeks
42 in cases in which the loss of wage-earning capacity is greater than
43 sixty percent but not more than seventy percent; (viii) three hundred
44 fifty weeks in cases in which the loss of wage-earning capacity is
45 greater than fifty percent but not more than sixty percent; (ix) three
46 hundred weeks in cases in which the loss of wage-earning capacity is
47 greater than forty percent but not more than fifty percent; (x) two
48 hundred seventy-five weeks in cases in which the loss of wage-earning
49 capacity is greater than thirty percent but not more than forty percent;
50 (xi) two hundred fifty weeks in cases in which the loss of wage-earning
51 capacity is greater than fifteen percent but not more than thirty
52 percent; and (xii) two hundred twenty-five weeks in cases in which the
53 loss of wage-earning capacity is fifteen percent or less. For those
54 claimants classified as permanently partially disabled who no longer
55 receive indemnity payments because they have surpassed their number of
56 maximum benefit weeks, the following provisions will apply:
S. 5901--A 17
1 (1) There will be a presumption that medical services shall continue
2 notwithstanding the completion of the time period for compensation set
3 forth in this section and the burden of going forward and the burden of
4 proof will lie with the carrier, self-insured employer or state insur-
5 ance fund in any application before the board to discontinue or suspend
6 such services. Medical services will continue during the pendency of any
7 such application and any appeals thereto.
8 (2) The board is directed to promulgate regulations that establish an
9 independent review and appeal by an outside agent or entity of the
10 board's choosing of any administrative law judge's determination to
11 discontinue or suspend medical services before a final determination of
12 the board].
13 § 15. Paragraph a of subdivision 6 of section 15 of the workers'
14 compensation law, as amended by section 7-a of part GG of chapter 57 of
15 the laws of 2013, is amended to read as follows:
16 (a) Compensation for permanent or temporary total disability due to an
17 accident or disablement resulting from an occupational disease that
18 occurs, (1) on or after January first, nineteen hundred seventy-eight,
19 shall not exceed one hundred twenty-five dollars per week, that occurs
20 (2) on or after July first, nineteen hundred seventy-eight, shall not
21 exceed one hundred eighty dollars per week, that occurs (3) on or after
22 January first, nineteen hundred seventy-nine, shall not exceed two
23 hundred fifteen dollars per week, that occurs (4) on or after July
24 first, nineteen hundred eighty-three, shall not exceed two hundred
25 fifty-five dollars per week, that occurs (5) on or after July first,
26 nineteen hundred eighty-four, shall not exceed two hundred seventy-five
27 dollars per week, that occurs (6) on or after July first, nineteen
28 hundred eighty-five, shall not exceed three hundred dollars per week,
29 that occurs (7) on or after July first, nineteen hundred ninety, shall
30 not exceed three hundred forty dollars per week; and in the case of
31 temporary total disability shall not be less than thirty dollars per
32 week and in the case of permanent total disability shall not be less
33 than twenty dollars per week except that if the employee's wages at the
34 time of injury are less than thirty or twenty dollars per week respec-
35 tively, he or she shall receive his or her full weekly wages. Compen-
36 sation for permanent or temporary partial disability due to an accident
37 or disablement resulting from an occupational disease that occurs (1) on
38 or after January first, nineteen hundred seventy-eight, shall not exceed
39 one hundred five dollars per week, that occurs (2) on or after July
40 first, nineteen hundred eighty-three, shall not exceed one hundred twen-
41 ty-five dollars per week, that occurs (3) on or after July first, nine-
42 teen hundred eighty-four, shall not exceed one hundred thirty-five
43 dollars per week, that occurs (4) on or after July first, nineteen
44 hundred eighty-five, shall not exceed one hundred fifty dollars per
45 week, that occurs (5) on or after July first, nineteen hundred ninety,
46 shall not exceed two hundred eighty dollars per week; nor be less than
47 twenty dollars per week; except that if the employee's wages at the time
48 of injury are less than twenty dollars per week, he or she shall receive
49 his or her full weekly wages. In no event shall compensation when
50 combined with decreased earnings or earning capacity exceed the amount
51 of wages which the employee was receiving at the time the injury
52 occurred. Compensation for permanent or temporary partial disability, or
53 for permanent or temporary total disability due to an accident or disa-
54 blement resulting from an occupational disease that occurs (1) on or
55 after July first, nineteen hundred ninety-one and prior to July first,
56 nineteen hundred ninety-two, shall not exceed three hundred fifty
S. 5901--A 18
1 dollars per week; (2) on or after July first, nineteen hundred ninety-
2 two, shall not exceed four hundred dollars per week; nor be less than
3 forty dollars per week except that if the employee's wages at the time
4 of injury are less than forty dollars per week, the employee shall
5 receive his or her full wages. Compensation for permanent or temporary
6 partial disability, or for permanent or temporary total disability due
7 to an accident or disablement resulting from an occupational disease
8 that occurs (1) on or after July first, two thousand seven shall not
9 exceed five hundred dollars per week, (2) on or after July first, two
10 thousand eight shall not exceed five hundred fifty dollars per week, (3)
11 on or after July first, two thousand nine shall not exceed six hundred
12 dollars per week, and (4) on or after July first, two thousand ten, and
13 on or after July first of each succeeding year, shall not exceed two-
14 thirds of the New York state average weekly wage for the year in which
15 it is reported. Compensation for permanent or temporary partial disabil-
16 ity, or for permanent or temporary total disability due to an accident
17 or disablement resulting from an occupational disease that occurs on or
18 after July first, two thousand seven shall not be less than one hundred
19 dollars per week except that if the employee's wages at the time of
20 injury are less than one hundred dollars per week, the employee shall
21 receive his or her full wages. Compensation for permanent or temporary
22 partial disability, or for permanent or temporary total disability due
23 to an accident or disablement resulting from an occupational disease
24 that occurs on or after May first, two thousand thirteen shall not be
25 less than one hundred fifty dollars per week except that if the employ-
26 ee's wages at the time of injury are less than one hundred fifty dollars
27 per week, the employee shall receive his or her full wages. Compen-
28 sation for permanent or temporary partial disability, or for permanent
29 or temporary total disability due to an accident or disablement result-
30 ing from an occupational disease that occurs on or after the effective
31 date of the chapter of the laws of two thousand sixteen that amended
32 this paragraph shall not be less than one seventh of the New York state
33 average weekly wage except that if the employee's weekly wage, the
34 employee shall receive his or her full wages. In no event shall compen-
35 sation when combined with decreased earnings or earning capacity exceed
36 the amount of wages the employee was receiving at the time the injury
37 occurred. Compensation for permanent or temporary partial disability, or
38 for permanent or temporary total disability due to an accident or disa-
39 blement resulting from an occupational disease or injury that occurred
40 as a result of World Trade Center rescue activity by an employee of a
41 private voluntary hospital, who passed a physical examination upon
42 employment as a rescue worker that failed to reveal evidence of a condi-
43 tion that was the proximate cause of disablement or occupational disease
44 or injury, shall not exceed three-quarters of a claimant's wage on
45 September eleventh, two thousand one. In no event shall compensation
46 when combined with decreased earnings or earning capacity exceed the
47 amount of wages the employee was receiving on September eleventh, two
48 thousand one.
49 § 16. Section 15 of the workers' compensation law is amended by adding
50 a new subdivision 10 to read as follows:
51 10. Cost-of-living adjustments of disability benefits. (a) Notwith-
52 standing any other provision of law, in addition to any other amount
53 received pursuant to this article as disability benefits, an employee
54 with a disability or the beneficiary dependent of such employee shall be
55 entitled to an additional allowance, to be known as a cost-of-living
56 adjustment allowance, payable annually.
S. 5901--A 19
1 (b) The cost-of-living adjustment allowance shall be computed by
2 applying an adjustment for regional costs of living and shall be based
3 on two-thirds of the annual increase in the consumer price index for all
4 urban consumers (CPI-U) as promulgated by the United States department
5 of labor.
6 (c) This subdivision shall not be deemed or construed to diminish the
7 right of any employee or beneficiary to any benefit to which such
8 employee or beneficiary would otherwise be entitled pursuant to law.
9 § 17. Subdivisions 1, 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
10 the workers' compensation law, subdivision 1 as amended by chapter 245
11 of the laws of 2005, subdivisions 1-b, 1-c and 2 as amended by chapter
12 168 of the laws of 1979, subdivisions 1-d and 2-b as added by chapter
13 689 of the laws of 2007, subdivision 2-a as amended by chapter 174 of
14 the laws of 1981, are amended to read as follows:
15 1. Funeral expenses. The chair shall prepare and establish a schedule
16 for the state or schedules limited to defined localities of maximum
17 charges and fees for such funeral expenses, to be determined in accord-
18 ance with, and to be subject to change pursuant to, rules promulgated by
19 the chair. The maximum charges and fees for funeral expenses estab-
20 lished in a schedule or schedules shall not be less than twelve thousand
21 dollars. Before preparing such schedule for the state or schedules for
22 limited localities, the chair shall request the president of the New
23 York state funeral directors' association to submit to the chair a
24 report on the amount of remuneration deemed by such association to be
25 fair and adequate for the types of funeral services rendered under this
26 chapter, but consideration shall also be given to the views of other
27 interested parties. The amounts payable by the employer for such
28 services shall be the actual fees and charges up to the maximum estab-
29 lished by such schedule. Provided, however, no such schedule of charges
30 and fees shall apply where a firefighter dies from injuries received in
31 the line of duty as a direct result of firefighting or where a police
32 officer dies from injuries received in the line of duty as a direct
33 result of law enforcement activities, where such funeral expenses are
34 reasonable. If such funeral expenses shall have been paid by the claim-
35 ants entitled to compensation under this section or by others, the
36 funeral expenses awarded shall be made payable to such claimants or
37 others, otherwise they shall be made payable to the undertaker who shall
38 have provided burial. Funeral expenses shall be awarded in case of all
39 injuries causing death including cases in which there are no persons
40 entitled to other compensation under this chapter.
41 1-b. If there be a surviving spouse and no child of the deceased under
42 the age of eighteen years and no child of any age dependent blind or
43 physically disabled, and the death occurs on or after July first, nine-
44 teen hundred forty-eight, and prior to January first, nineteen hundred
45 seventy-eight, to such spouse forty per centum of the average wages of
46 the deceased [during widowhood or widowerhood with two years' compen-
47 sation in one sum, upon remarriage]; and where the death occurred prior
48 to July first, nineteen hundred forty-eight, to such wife (or dependent
49 husband) thirty per centum of such wages [during widowhood (or dependent
50 widowerhood) with two years' compensation in one sum, upon remarriage].
51 1-c. If there be a surviving spouse and no child of the deceased under
52 the age of eighteen years or under the age of twenty-three years if
53 enrolled and attending as a full time student in an accredited educa-
54 tional institution and such enrollment and full time attendance is
55 certified by such institution and no child of any age dependent blind or
56 physically disabled, and the death occurs on or after January first,
S. 5901--A 20
1 nineteen hundred seventy-eight, to such spouse sixty-six and two-thirds
2 per centum of the average wages of the deceased [during widowhood or
3 widowerhood with two years' compensation, in one sum, upon remarriage].
4 Where the death occurs on or after January first, nineteen hundred
5 seventy-eight, and the spouse is receiving the survivors insurance bene-
6 fits under the social security act, the death benefit payable under this
7 section shall be reduced in accordance with the provisions of table No.
8 1 below by five per centum of the spouse's share of the survivor's
9 insurance benefits under the social security act for each ten dollars of
10 deceased's average weekly wage in excess of one hundred dollars provided
11 that in no case shall such reduction exceed fifty per centum of said
12 spouse's share of the survivors insurance benefits under the social
13 security act.
14 TABLE No. I
15 Offset provisions applicable in death benefits
16 where there is a sole surviving spouse
17 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
18 SHARE OF SURVIVORS
19 INSURANCE BENEFITS
20 over $100 up to and including $110 ................................... 5
21 over $110 up to and including $120 .................................. 10
22 over $120 up to and including $130 .................................. 15
23 over $130 up to and including $140 .................................. 20
24 over $140 up to and including $150 .................................. 25
25 over $150 up to and including $160 .................................. 30
26 over $160 up to and including $170 .................................. 35
27 over $170 up to and including $180 .................................. 40
28 over $180 up to and including $190 .................................. 45
29 over $190 up to and including $200 .................................. 50
30 over $200 ........................................................... 50
31 1-d. If there be a surviving spouse of an employee of a private volun-
32 tary hospital killed in a World Trade Center rescue, who passed a phys-
33 ical examination upon employment as a rescue worker that failed to
34 reveal evidence of a condition that was the proximate cause of death,
35 and no child of the deceased under the age of eighteen years, or under
36 the age of twenty-three years if enrolled and attending as a full-time
37 student in an accredited educational institution and such enrollment and
38 full-time attendance is certified by such institution, and no child of
39 any age dependent blind or physically disabled, to such spouse seventy-
40 five per centum of the average wages of the deceased [during widowhood
41 or widowerhood, with two years' compensation, in one sum, upon remar-
42 riage]. Where such death occurs, and the spouse is receiving the survi-
43 vors insurance benefits under the social security act, the death benefit
44 payable under this section shall be reduced in accordance with the
45 provisions of table No. I in subdivision one-c of this section by five
46 per centum of the spouse's share of the survivor's insurance benefits
47 under the social security act for each ten dollars of deceased's average
48 weekly wage in excess of one hundred dollars; provided that in no case
49 shall such reduction exceed fifty per centum of such spouse's share of
50 the survivors insurance benefits under the social security act.
51 2. If there be a surviving spouse and a surviving child or children of
52 the deceased under the age of eighteen years or a surviving child or
53 children of any age dependent blind or physically disabled, and the
S. 5901--A 21
1 death occurs on or after July first, nineteen hundred forty-eight, and
2 prior to January first, nineteen hundred seventy-eight, to such spouse
3 thirty per centum of the average wages of the deceased [during widowhood
4 or widowerhood with two years' compensation in one sum, upon remar-
5 riage]; and the additional amount of twenty per centum of such wages for
6 each such child until the age of eighteen years or until the removal of
7 the dependency of the blind or physically disabled child or children; in
8 case of the subsequent death [or remarriage] of such surviving spouse
9 any surviving child of the deceased employee, at the time under eighteen
10 years of age or dependent through mental or physical infirmity, shall
11 have his or her compensation increased to thirty per centum of such
12 wages, and the same shall be payable until he shall reach the age of
13 eighteen years or until such dependent blind or physically disabled
14 condition shall have been removed; provided that the total amount paya-
15 ble shall in no case exceed sixty-six and two-thirds per centum of such
16 wages. Upon statutory termination of compensation payments to all such
17 children, the compensation of the surviving spouse shall be increased to
18 forty per centum of such wages [with two years' compensation, at such
19 rate, in one sum, upon remarriage].
20 If there be a surviving wife (or dependent husband) and any of the
21 aforementioned surviving children, and the death occurred prior to July
22 first, nineteen hundred forty-eight, to such wife (or dependent husband)
23 thirty per centum of the average wages of the deceased [during widowhood
24 (or dependent widowerhood) with two years' compensation in one sum, upon
25 remarriage]; and the additional amount of ten per centum of such wages
26 for each such child until eighteen years of age or until the removal of
27 the dependency of the blind or physically disabled child or children; in
28 case of the subsequent death [or remarriage] of such surviving wife (or
29 dependent husband) any surviving child of the deceased shall have his or
30 her compensation increased to fifteen per centum of such wages until he
31 shall reach the age of eighteen years or until such dependent blind or
32 physically disabled condition shall have been removed; provided that the
33 total amount payable shall in no case exceed sixty-six and two-thirds
34 per centum of such wages.
35 The board may in its discretion require the appointment of a guardian
36 for the purpose of receiving the compensation of a minor child or a
37 dependent blind or physically disabled child. In the absence of such a
38 requirement by the board the appointment of a guardian for such purposes
39 shall not be necessary.
40 2-a. If there be a surviving spouse and a surviving child under the
41 age of eighteen years or under the age of twenty-three years if enrolled
42 and attending as a full time student in an accredited educational insti-
43 tution and such enrollment and full time attendance is certified by such
44 institution or a surviving child of any age dependent blind or phys-
45 ically disabled and the death occurs on or after January first, nineteen
46 hundred seventy-eight, to such spouse thirty-six and two-thirds per
47 centum of the average wages of the deceased [during widowhood or widow-
48 erhood with two years' compensation in one sum, upon remarriage]; and
49 thirty per centum of such wages to such child under the age of eighteen
50 years or under the age of twenty-three years if enrolled and attending
51 as a full time student in an accredited educational institution and such
52 enrollment and full time attendance is certified by such institution or
53 a surviving child of any age dependent blind or physically disabled; in
54 the case of the subsequent death of such surviving spouse the surviving
55 child shall have his or her compensation increased to sixty-six and
56 two-thirds per centum of such wages and the same shall be payable so
S. 5901--A 22
1 long as he or she is under the age of eighteen years or under the age of
2 twenty-three years if enrolled and attending as a full time student in
3 an accredited educational institution and such enrollment and full time
4 attendance is certified by such institution or a surviving child of any
5 age dependent blind or physically disabled; upon statutory termination
6 of compensation payable to such child, the compensation of the surviving
7 spouse shall be increased to sixty-six and two-thirds per centum of such
8 wages [with two years' compensation, at such rate, in one sum, upon
9 remarriage. Upon remarriage of such surviving spouse, the surviving
10 child shall continue to receive thirty per centum of such wages]. Where
11 the death occurs on or after January first, nineteen hundred seventy-
12 eight and the spouse is receiving survivors insurance benefits under the
13 social security act, the death benefit payable under this section shall
14 be reduced by five per centum of the spouse's share of the survivors
15 insurance benefits under the social security act for each ten dollars of
16 deceased's average weekly wage in excess of one hundred dollars provided
17 that in no case shall such reduction exceed fifty per centum of said
18 spouse's share of the survivors insurance benefits under the social
19 security act as set forth in table No. I below.
20 TABLE No. I
21 Offset provisions applicable in death benefits
22 where there is a surviving spouse and one child
23 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
24 SHARE OF SURVIVORS
25 INSURANCE BENEFITS
26 over $100 up to and including $110 ................................... 5
27 over $110 up to and including $120 .................................. 10
28 over $120 up to and including $130 .................................. 15
29 over $130 up to and including $140 .................................. 20
30 over $140 up to and including $150 .................................. 25
31 over $150 up to and including $160 .................................. 30
32 over $160 up to and including $170 .................................. 35
33 over $170 up to and including $180 .................................. 40
34 over $180 up to and including $190 .................................. 45
35 over $190 up to and including $200 .................................. 50
36 over $200 ........................................................... 50
37 If there be a surviving spouse and two or more surviving children
38 under the age of eighteen years or under the age of twenty-three years
39 if enrolled and attending as a full time student in an accredited educa-
40 tional institution and such enrollment and full time attendance is
41 certified by such institution or a surviving child or children of any
42 age dependent blind or physically disabled and a death occurs on or
43 after January first, nineteen hundred seventy-eight, to such spouse
44 thirty-six and two-thirds per centum of the average wage of the deceased
45 [during widowhood or widowerhood with two years' compensation in one sum
46 upon remarriage]; and thirty per centum of such wages to such children
47 under the age of eighteen years or under the age of twenty-three years
48 if enrolled and attending as a full time student in an accredited educa-
49 tional institution and such enrollment and full time attendance is
50 certified by such institution or a surviving child or children of any
51 age dependent blind or physically disabled, share and share alike; in
52 case of the subsequent death of such surviving spouse the surviving
53 children shall have their compensation increased to sixty-six and two-
S. 5901--A 23
1 thirds per centum of such wages and the aggregate sum shall be payable,
2 share and share alike, so long as they are under the age of eighteen
3 years or under the age of twenty-three years if enrolled and attending
4 as a full time student in an accredited educational institution and such
5 enrollment and full time attendance is certified by such institution or
6 a surviving child or children of any age dependent blind or physically
7 disabled. [Upon remarriage of such surviving spouse, if there be two
8 surviving children each shall receive twenty-five per centum of such
9 wages, and if there are surviving more than two children under the age
10 of eighteen years or under the age of twenty-three if enrolled and
11 attending as a full time student in an accredited educational institu-
12 tion and such enrollment and full time attendance is certified by such
13 institution or a surviving child or children of any age dependent blind
14 or physically disabled sixty-six and two-thirds per centum of such wages
15 share and share alike.] Upon statutory termination of compensation paya-
16 ble to such children, the compensation of the surviving spouse shall be
17 increased to sixty-six and two-thirds per centum of such wages [with two
18 years' compensation, at such rate, in one sum, upon remarriage]. Where
19 the death occurs on or after January first, nineteen hundred seventy-
20 eight, and the spouse is receiving survivors insurance benefits under
21 the social security act, the death benefits payable under this section
22 shall be reduced by five per centum of the spouse's share of the survi-
23 vors insurance benefits under the social security act for each ten
24 dollars of deceased's average weekly wage in excess of one hundred fifty
25 dollars provided that in no case shall such reduction exceed fifty per
26 centum of said spouse's share of the survivors insurance benefits under
27 the social security act as set forth in table No. II below.
28 TABLE No. II
29 Offset provisions applicable in death benefits
30 where there is a surviving spouse and two or more children
31 AVERAGE WEEKLY WAGE PERCENTAGE OF SPOUSE'S
32 SHARE OF SURVIVORS
33 INSURANCE BENEFITS
34 over $150 up to and including $160 ................................... 5
35 over $160 up to and including $170 .................................. 10
36 over $170 up to and including $180 .................................. 15
37 over $180 up to and including $190 .................................. 20
38 over $190 up to and including $200 .................................. 25
39 over $200 up to and including $210 .................................. 30
40 over $210 up to and including $220 .................................. 35
41 over $220 up to and including $230 .................................. 40
42 over $230 up to and including $240 .................................. 45
43 over $240 up to and including $250 .................................. 50
44 over $250 ........................................................... 50
45 2-b. If there be a surviving spouse of an employee of a private volun-
46 tary hospital killed in a World Trade Center rescue, who passed a phys-
47 ical examination upon employment as a rescue worker that failed to
48 reveal evidence of a condition that was the proximate cause of death,
49 and a surviving child under the age of eighteen years, or under the age
50 of twenty-three years if enrolled and attending as a full-time student
51 in an accredited educational institution and such enrollment and full-
52 time attendance is certified by such institution, or a surviving child
53 of any age dependent blind or physically disabled, to such spouse forty
S. 5901--A 24
1 per centum of the average wages of the deceased [during widowhood or
2 widowerhood, with two years' compensation in one sum, upon remarriage];
3 and thirty-five per centum of such wages to such child under the age of
4 eighteen years, or under the age of twenty-three years if enrolled and
5 attending as a full-time student in an accredited educational institu-
6 tion and such enrollment and full-time attendance is certified by such
7 institution, or a surviving child of any age dependent blind or phys-
8 ically disabled; in the case of the subsequent death of such surviving
9 spouse the surviving child shall have his or her compensation increased
10 to seventy-five per centum of such wages and the same shall be payable
11 so long as he or she is under the age of eighteen years, or under the
12 age of twenty-three years if enrolled and attending as a full-time
13 student in an accredited educational institution and such enrollment and
14 full-time attendance is certified by such institution, or a surviving
15 child of any age dependent blind or physically disabled; upon statutory
16 termination of compensation payable to such child, the compensation of
17 the surviving spouse shall be increased to seventy-five per centum of
18 such wages [with two years' compensation, at such rate, in one sum, upon
19 remarriage. Upon remarriage of such surviving spouse, the surviving
20 child shall continue to receive thirty-five per centum of such wages].
21 Where such death occurs, and the spouse is receiving survivors insurance
22 benefits under the social security act, the death benefit payable under
23 this section shall be reduced by five per centum of the spouse's share
24 of the survivors insurance benefits under the social security act for
25 each ten dollars of deceased's average weekly wage in excess of one
26 hundred dollars; provided that in no case shall such reduction exceed
27 fifty per centum of such spouse's share of the survivors insurance bene-
28 fits under the social security act as set forth in table No. I in subdi-
29 vision one-c of this section. If there be a surviving spouse of an
30 employee of a private voluntary hospital killed in a World Trade Center
31 rescue, who passed a physical examination upon employment as a rescue
32 worker that failed to reveal evidence of a condition that was the proxi-
33 mate cause of death, and two or more surviving children under the age of
34 eighteen years, or under the age of twenty-three years if enrolled and
35 attending as a full-time student in an accredited educational institu-
36 tion and such enrollment and full-time attendance is certified by such
37 institution, or a surviving child or children of any age dependent blind
38 or physically disabled and a death occurs on or after September elev-
39 enth, two thousand one, to such spouse forty per centum of the average
40 wage of the deceased [during widowhood or widowerhood with two years'
41 compensation in one sum upon remarriage]; and thirty-five per centum of
42 such wages to such children under the age of eighteen years, or under
43 the age of twenty-three years if enrolled and attending as a full-time
44 student in an accredited educational institution and such enrollment and
45 full-time attendance is certified by such institution, or a surviving
46 child or children of any age dependent blind or physically disabled,
47 share and share alike; in case of the subsequent death of such surviving
48 spouse the surviving children shall have their compensation increased to
49 seventy-five per centum of such wages and the aggregate sum shall be
50 payable, share and share alike, so long as they are under the age of
51 eighteen years, or under the age of twenty-three years if enrolled and
52 attending as a full-time student in an accredited educational institu-
53 tion and such enrollment and full-time attendance is certified by such
54 institution, or a surviving child or children of any age dependent blind
55 or physically disabled. [Upon remarriage of such surviving spouse, if
56 there be two surviving children each shall receive thirty-seven and
S. 5901--A 25
1 one-half per centum of such wages, and if there are surviving more than
2 two children under the age of eighteen years, or under the age of twen-
3 ty-three if enrolled and attending as a full-time student in an accred-
4 ited educational institution and such enrollment and full-time attend-
5 ance is certified by such institution, or a surviving child or children
6 of any age dependant blind or physically disabled, seventy-five per
7 centum of such wages share and share alike.] Upon statutory termination
8 of compensation payable to such children, the compensation of the
9 surviving spouse shall be increased to seventy-five per centum of such
10 wages [with two years' compensation, at such rate, in one sum, upon
11 remarriage]. Where the death occurs on or after September eleventh, two
12 thousand one, and the spouse is receiving survivors insurance benefits
13 under the social security act, the death benefits payable under this
14 section shall be reduced by five per centum of the spouse's share of the
15 survivors insurance benefits under the social security act for each ten
16 dollars of deceased's average weekly wage in excess of one hundred fifty
17 dollars; provided that in no case shall such reduction exceed fifty per
18 centum of said spouse's share of the survivors insurance benefits under
19 the social security act as set forth in table No. II in subdivision
20 two-a of this section.
21 § 18. Section 16 of the workers' compensation law is amended by adding
22 a new subdivision 8 to read as follows:
23 8. (a) Notwithstanding any other provision of law, in addition to any
24 other amount received pursuant to this article as death benefits, a
25 dependent of a deceased employee shall be entitled to an additional
26 allowance, to be known as a cost-of-living adjustment allowance, payable
27 annually.
28 (b) The cost-of-living adjustment allowance shall be computed by
29 applying an adjustment for regional costs of living in the region where
30 the deceased employee lived at the time of death or initial disability,
31 whichever was earlier, and shall be based on two-thirds of the annual
32 increase in the consumer price index for all urban consumers (CPI-U) as
33 promulgated by the United States department of labor.
34 (c) This subdivision shall not be deemed or construed to diminish the
35 right of any beneficiary to any benefits to which such beneficiary would
36 otherwise be entitled pursuant to law.
37 § 19. Section 17 of the workers' compensation law, as amended by chap-
38 ter 538 of the laws of 1985, is amended to read as follows:
39 § 17. Aliens. Compensation under this chapter to aliens not residents
40 or about to become nonresidents of the United States or Canada and their
41 surviving dependents, shall be the same in amount as provided for resi-
42 dents[, except that dependents in any foreign country shall be limited
43 to surviving spouse and child or children, or, if there is no surviving
44 spouse or child or children, to surviving father or mother whom the
45 employee has supported, either wholly or in part, for the period of one
46 year prior to the date of the accident].
47 § 20. Section 21 of the workers' compensation law, subdivision 5 as
48 amended by chapter 268 of the laws of 1946, is amended to read as
49 follows:
50 § 21. Presumptions. In any proceeding for the enforcement of a claim
51 for compensation under this chapter, it shall be presumed in the absence
52 of substantial evidence to the contrary:
53 1. That the claim comes within the provision of this chapter[;].
54 2. That sufficient notice thereof was given[;].
S. 5901--A 26
1 3. That the injury was not occasioned by the willful intention of the
2 injured employee to bring about the injury or death of himself or of
3 another[;].
4 4. That the injury did not result solely from the intoxication of the
5 injured employee while on duty.
6 5. That the contents of medical and surgical reports introduced in
7 evidence by claimants for compensation shall constitute prima facie
8 evidence of fact as to the matter contained therein.
9 6. That an injured worker whose employer has not offered her or him
10 reemployment has not voluntarily withdrawn from the labor market.
11 § 21. Section 23 of the workers' compensation law, as amended by
12 section 10 of part GG of chapter 57 of the laws of 2013, is amended to
13 read as follows:
14 § 23. Appeals. An award or decision of the board shall be final and
15 conclusive upon all questions within its jurisdiction, as against the
16 state fund or between the parties, unless reversed or modified on appeal
17 therefrom as hereinafter provided. Any party may within thirty days
18 after notice of the filing of an award or decision of a referee, file
19 with the board an application in writing for a modification or rescis-
20 sion or review of such award or decision, as provided in this chapter.
21 The board shall render its decision upon such application in writing and
22 shall include in such decision a statement of the facts which formed the
23 basis of its action on the issues raised before it on such application.
24 Within thirty days after notice of the decision of the board upon such
25 application has been served upon the parties, or within thirty days
26 after notice of an administrative redetermination review decision by the
27 chair pursuant to subdivision five of section fifty-two, section one
28 hundred thirty-one or section one hundred forty-one-a of this chapter
29 has been served upon any party in interest, an appeal may be taken ther-
30 efrom to the appellate division of the supreme court, third department,
31 by any party in interest, including an employer insured in the state
32 fund; provided, however, that any party in interest may within thirty
33 days after notice of the filing of the board panel's decision with the
34 secretary of the board, make application in writing for review thereof
35 by the full board. If the decision or determination was that of a panel
36 of the board and there was a dissent from such decision or determination
37 other than a dissent the sole basis of which is to refer the case to an
38 impartial specialist, the full board shall review and affirm, modify or
39 rescind such decision or determination in the same manner as herein
40 above provided for an award or decision of a referee. If the decision
41 or determination was that of a unanimous panel of the board, or there
42 was a dissent from such decision or determination the sole basis of
43 which is to refer the case to an impartial specialist, the board may in
44 its sole discretion review and affirm, modify or rescind such decision
45 or determination in the same manner as herein above provided for an
46 award or decision of a referee. Failure to apply for review by the full
47 board shall not bar any party in interest from taking an appeal directly
48 to the court as above provided. The board may also, in its discretion
49 certify to such appellate division of the supreme court, questions of
50 law involved in its decision. Such appeals and the question so certified
51 shall be heard in a summary manner and shall have precedence over all
52 other civil cases in such court. The board shall be deemed a party to
53 every such appeal from its decision upon such application, and the chair
54 shall be deemed a party to every such appeal from an administrative
55 redetermination review decision pursuant to subdivision five of section
56 fifty-two of this chapter. The attorney general shall represent the
S. 5901--A 27
1 board and the chair thereon. An appeal may also be taken to the court of
2 appeals in the same manner and subject to the same limitations not
3 inconsistent herewith as is now provided in the civil practice law and
4 rules. It shall not be necessary to file exceptions to the rulings of
5 the board. An appeal to the appellate division of the supreme court,
6 third department, or to the court of appeals, shall not operate as a
7 stay of the payment of compensation required by the terms of the award
8 or of the payment of the cost of such medical, dental, surgical, optome-
9 tric or other attendance, treatment, devices, apparatus or other neces-
10 sary items the employer is required to provide pursuant to section thir-
11 teen of this article which are found to be fair and reasonable. Where
12 such award is modified or rescinded upon appeal, the appellant shall be
13 entitled to reimbursement in a sum equal to the compensation in dispute
14 paid to the respondent in addition to a sum equal to the cost of such
15 medical, dental, surgical, optometric or other attendance, treatment,
16 devices, apparatus or other necessary items the employer is required to
17 provide pursuant to section thirteen of this article paid by the appel-
18 lant pending adjudication of the appeal. Such reimbursement shall be
19 paid from administration expenses as provided in section one hundred
20 fifty-one of this chapter upon audit and warrant of the comptroller upon
21 vouchers approved by the chair. Where such award is subject to the
22 provisions of section twenty-seven of this article, the appellant shall
23 pay directly to the claimant all compensation as it becomes due during
24 the pendency of the appeal, and upon affirmance shall be entitled to
25 credit for such payments. Neither the chair, the board, the commission-
26 ers of the state insurance fund nor the claimant shall be required to
27 file a bond upon an appeal to the court of appeals. Upon final determi-
28 nation of such an appeal, the board or chair, as the case may be, shall
29 enter an order in accordance therewith. Whenever a notice of appeal is
30 served or an application made to the board by the employer or insurance
31 carrier for a modification or rescission or review of an award or deci-
32 sion, and the board shall find that such notice of appeal was served or
33 such application was made for the purpose of delay or upon frivolous
34 grounds, the board shall impose a penalty in the amount of five hundred
35 dollars upon the employer or insurance carrier, which penalty shall be
36 added to the compensation and paid to the claimant. The penalties
37 provided herein shall be collected in like manner as compensation. A
38 party against whom an award of compensation shall be made may appeal
39 from a part of such award. In such a case the payment of such part of
40 the award as is not appealed from shall not prejudice any rights of such
41 party on appeal, nor be taken as an admission against such party. Any
42 appeal by an employer from an administrative redetermination review
43 decision pursuant to subdivision five of section fifty-two of this chap-
44 ter shall in no way serve to relieve the employer from the obligation to
45 timely pay compensation and benefits otherwise payable in accordance
46 with the provisions of this chapter.
47 Applications or petitions to the board for review, modification,
48 rescission, rehearing or review by the full board must be decided within
49 thirty days of the petition or application or within thirty days of
50 completion of motion practice on the petition or application, whichever
51 is later.
52 Nothing contained in this section shall be construed to inhibit the
53 continuing jurisdiction of the board as provided in section one hundred
54 twenty-three of this chapter.
55 § 22. Section 77 of the workers' compensation law, as amended by chap-
56 ter 6 of the laws of 2007, is amended to read as follows:
S. 5901--A 28
1 § 77. Administration. The state insurance fund shall be administered
2 by the commissioners of the state insurance fund, of whom there shall be
3 [ten] eight. The commissioner of labor and the chief executive officers
4 of the New York State American Federation of Labor-Congress of Indus-
5 trial Organizations and the Business Council of the State of New York
6 shall, in addition, be [a commissioner] commissioners of such fund by
7 virtue of [his or her office] their offices. The commissioners shall
8 elect annually from the appointive members a chair and a vice-chair who
9 shall act as chair in the absence of the chair. The commissioner of
10 labor may designate a deputy commissioner and the chief executive offi-
11 cers of the New York State American Federation of Labor-Congress of
12 Industrial Organizations and the Business Council of the State of New
13 York may each designate a representative to [act in his or her] execute
14 their duties as commissioners of such fund in their place and stead [as
15 a commissioner of such fund]. The remaining commissioners shall be
16 appointed by the governor, by and with the advice and consent of the
17 senate. [One commissioner shall be appointed by the governor upon recom-
18 mendation by the New York State American Federation of Labor-Congress of
19 Industrial Organizations, and one commissioner shall be appointed by the
20 governor upon recommendation of the Business Council of the State of New
21 York.] They shall be policyholders insured in the state insurance fund.
22 The commissioners shall be appointed for terms of three years each. They
23 shall serve until their successors are appointed and have qualified.
24 Vacancies shall be filled for the unexpired terms. Each commissioner
25 shall before entering upon his or her duties, take and subscribe the
26 constitutional oath of office which shall be filed in the office of the
27 secretary of state.
28 § 23. Section 114 of the workers' compensation law, as added by chap-
29 ter 635 of the laws of 1996, subdivision 4 as amended and subdivision 5
30 as added by chapter 6 of the laws of 2007, is amended to read as
31 follows:
32 § 114. Penalties for fraudulent practices. 1. Any person who, knowing-
33 ly and with intent to defraud presents, causes to be presented, or
34 prepares with knowledge or belief that it will be presented to or by an
35 insurer or purported insurer, or any agent thereof, any written state-
36 ment as part of, or in support of, an application for the issuance of or
37 the rating of an insurance policy for compensation insurance[, or a
38 claim for payment or other benefit pursuant to a compensation policy]
39 which he or she knows to: (i) contain a false statement or represen-
40 tation concerning any fact material thereto; or (ii) omits any fact
41 material thereto, shall be guilty of a class E felony. Upon conviction,
42 the court in addition to any other authorized sentence, may order
43 forfeiture of [all rights to compensation or payments of any benefit]
44 any property, including real property, buildings and appurtenances that
45 constitute the instrumentality of the entity on whose behalf the appli-
46 cation was made, and may also require restitution of any amount received
47 as a result of a violation of this subdivision.
48 1-a. Any person who, knowingly and with intent to defraud presents,
49 causes to be presented, or prepares with knowledge or belief that it
50 will be presented to or by an insurer or purported insurer, or any agent
51 thereof, any written statement as part of, or in support of, a claim for
52 payment or other benefit pursuant to a compensation policy which he or
53 she knows to: (i) contain a false statement or representation concerning
54 any fact material thereto; or (ii) omits any fact material thereto,
55 shall be guilty of a class E felony. Upon conviction, the court in addi-
56 tion to any other authorized sentence, may order forfeiture of all
S. 5901--A 29
1 rights to compensation or payments of any benefit, and may also require
2 restitution of any amount received as a result of a violation of this
3 subdivision.
4 2. An employer or carrier, or any employee, agent, or person acting on
5 behalf of an employer or carrier, who knowingly makes a false statement
6 or representation as to a material fact in the course of reporting,
7 investigation of, or adjusting a claim for any benefit or payment under
8 this chapter for the purpose of avoiding provision of such payment or
9 benefit shall be guilty of a class E felony. Upon conviction, the court
10 in addition to any other authorized sentence, may order forfeiture of
11 any property, including real property, buildings and appurtenances that
12 constitute the instrumentality of the employer or carrier and may also
13 require restitution of any amount received as a result of a violation of
14 this subdivision.
15 3. A person who knowingly makes a false statement or representation as
16 to a material fact for the purpose of obtaining, maintaining or renewing
17 insurance under this chapter, whether for himself or herself or for any
18 other person or entity or for the purpose of evading the requirements of
19 section fifty of this chapter shall be guilty of a class E felony. Upon
20 conviction, the court in addition to any other authorized sentence, may
21 order forfeiture of any property, including real property, buildings and
22 appurtenances that constitute the instrumentality of the entity on whose
23 behalf the application was made. In addition to any other remedy, the
24 carrier providing insurance shall be entitled to restitution of any
25 amount obtained or withheld as a result of a violation of this subdivi-
26 sion.
27 4. Consistent with the provisions of the criminal procedure law, in
28 any prosecution alleging a violation of subdivision one, two or three of
29 this section, or sections fifty-two and one hundred thirty-one of this
30 chapter, in which the act or acts alleged may also constitute a
31 violation of the penal or other law, the prosecuting official may charge
32 a person pursuant to the provisions of this section and in the same
33 accusatory instrument with a violation of such other law.
34 5. A person (a) who is convicted of a second or subsequent offense
35 under this section within ten years of the prior conviction, or (b) who
36 violates any provision of this section concerning two or more claimants,
37 shall be guilty of a class [D] B felony.
38 § 24. Section 122 of the workers' compensation law, as amended by
39 chapter 113 of the laws of 1946, is amended to read as follows:
40 § 122. Transcripts. A copy of the testimony, evidence and procedure of
41 any investigation, or a particular part thereof, recorded and tran-
42 scribed by a stenographer in the employ of the board and certified by
43 such stenographer to be true and correct may be received in evidence
44 with the same effect as if such stenographer were present and testifying
45 to the facts so certified. A copy of such transcript shall be furnished
46 to any party upon payment of the fee for transcripts of similar minutes
47 in the supreme court.
48 § 25. Section 140 of the workers' compensation law, as amended by
49 chapter 57 of the laws of 1951, is amended to read as follows:
50 § 140. [Workmen's] Workers' compensation board. The [workmen's] work-
51 ers' compensation board in the department of labor is hereby continued.
52 Such board shall consist of thirteen members, at least four of whom
53 shall be attorneys and counsellors-at-law duly admitted to practice in
54 this state. The members of the board shall be appointed by the governor,
55 by and with the advice and consent of the senate. Three members shall
56 be appointed by the governor upon recommendation of the speaker of the
S. 5901--A 30
1 assembly; three members shall be appointed by the governor upon recom-
2 mendation of the temporary president of the senate; two members shall be
3 appointed by the governor upon recommendation of the New York State
4 American Federation of Labor-Congress of Industrial Organizations; and
5 two members shall be appointed by the governor upon recommendation of
6 the Business Council of the state of New York. The members of the board
7 in office, together with the additional members and the members
8 appointed to fill vacancies, if any, at the time this section takes
9 effect, shall continue, notwithstanding the appointment of any of the
10 members for a term expiring on a different date, to hold office for
11 terms to be assigned by the governor by and with the advice and consent
12 of the senate; two such terms to expire on December thirty-first, nine-
13 teen hundred fifty; two to expire on December thirty-first, nineteen
14 hundred fifty-one; two to expire on December thirty-first, nineteen
15 hundred fifty-two; two to expire on December thirty-first, nineteen
16 hundred fifty-three; two to expire on December thirty-first, nineteen
17 hundred fifty-four; two to expire on December thirty-first, nineteen
18 hundred fifty-five; and one to expire on December thirty-first, nineteen
19 hundred fifty-six. The members next appointed, except to fill a vacancy
20 created otherwise than by expiration of term, shall be appointed for
21 terms of seven years. The governor shall designate one of the members of
22 the board as chairman and another as vice-chairman.
23 § 26. Subdivision 1 of section 169 of the executive law, as amended by
24 section 9 of part A of chapter 60 of the laws of 2012, is amended to
25 read as follows:
26 1. Salaries of certain state officers holding the positions indicated
27 hereinbelow shall be as set forth in subdivision two of this section:
28 (a) commissioner of corrections and community supervision, commission-
29 er of education, commissioner of health, commissioner of mental health,
30 commissioner of developmental disabilities, commissioner of children and
31 family services, commissioner of temporary and disability assistance,
32 chancellor of the state university of New York, commissioner of trans-
33 portation, commissioner of environmental conservation, superintendent of
34 state police, commissioner of general services, commissioner of the
35 division of homeland security and emergency services [and], the execu-
36 tive director of the state gaming commission, and the chair of the work-
37 ers' compensation board;
38 (b) commissioner of labor, chairman of public service commission,
39 commissioner of taxation and finance, superintendent of financial
40 services, commissioner of criminal justice services, [and] commissioner
41 of parks, recreation and historic preservation, and the vice-chair of
42 the workers' compensation board;
43 (c) commissioner of agriculture and markets, commissioner of alcohol-
44 ism and substance abuse services, adjutant general, commissioner and
45 president of state civil service commission, commissioner of economic
46 development, chair of the energy research and development authority,
47 president of higher education services corporation, commissioner of
48 motor vehicles, member-chair of board of parole, chair of public employ-
49 ment relations board, secretary of state, commissioner of alcoholism and
50 substance abuse services, executive director of the housing finance
51 agency, commissioner of housing and community renewal, executive direc-
52 tor of state insurance fund, commissioner-chair of state liquor authori-
53 ty, [chair] and members of the workers' compensation board;
54 (d) director of office for the aging, commissioner of human rights,
55 commissioners of the department of public service, chairman of state
56 commission on quality of care for the mentally disabled, chairman of
S. 5901--A 31
1 commission on alcoholism and substance abuse prevention and education,
2 executive director of the council on the arts and executive director of
3 the board of social welfare;
4 (e) chairman of state athletic commission, director of the office of
5 victim services, chairman of human rights appeal board, chairman of the
6 industrial board of appeals, chairman of the state commission of
7 correction, members of the board of parole, member-chairman of unemploy-
8 ment insurance appeal board, and director of veterans' affairs[, and
9 vice-chairman of the workers' compensation board];
10 (f) executive director of adirondack park agency, members of state
11 commission of correction, and members of unemployment insurance appeal
12 board[, and members of the workers' compensation board].
13 § 27. Paragraph 1 of subsection (t) of section 2313 of the insurance
14 law, as amended by chapter 237 of the laws of 2012, is amended to read
15 as follows:
16 (1) The governing body of a workers' compensation rate service organ-
17 ization shall be comprised of nine voting members. Four members shall
18 represent insurers authorized to write workers' compensation insurance
19 in this state, and shall be selected in such manner as is determined by
20 the members of the rate service organization. One member of the govern-
21 ing body shall be a representative of the state insurance fund. Each of
22 the remaining four members of the governing body shall serve for a term
23 of two years and until his or her successor shall have been appointed
24 and approved, provided that the appointing entity appoints a successor
25 member within one hundred twenty days of the expiration of the term of
26 office, and shall not be employed by, or serve as an officer or director
27 of, an insurer authorized to write workers' compensation insurance in
28 this state, or any parent, subsidiary, or affiliate thereof, except the
29 state insurance fund. One such member of the governing body shall be
30 appointed by the superintendent. The other three such members shall be
31 appointed subject to the approval of the superintendent by, and shall
32 serve as representatives of, the following: (A) the workers' compen-
33 sation board; (B) the Business Council of New York State, Inc.; and (C)
34 the American Federation of Labor - Congress of Industrial Organizations
35 of New York State. Any vacancy on the governing body shall be filled in
36 the same manner as the initial appointment. The governing body shall
37 select a chief executive officer who shall serve at the pleasure of the
38 governing body and whose terms and conditions of employment shall be
39 approved by the governing body. No restriction in this subsection shall
40 apply if compliance is prevented by the failure of any appointing
41 authority to make an appointment, or of the superintendent to approve
42 such appointment.
43 § 28. Section 71 of the civil service law, as amended by chapter 577
44 of the laws of 2003, is amended to read as follows:
45 § 71. Reinstatement after separation for disability. Where an employee
46 has been separated from the service by reason of a disability resulting
47 from occupational injury or disease as defined in the [workmen's] work-
48 ers' compensation law, he or she shall be entitled to a leave of absence
49 for at least one year, unless his or her disability is of such a nature
50 as to permanently incapacitate him or her for the performance of the
51 duties of his or her position. Notwithstanding the foregoing, where an
52 employee has been separated from the service by reason of a disability
53 resulting from an assault sustained in the course of his or her employ-
54 ment, he or she shall be entitled to a leave of absence for at least two
55 years, unless his or her disability is of such a nature as to permanent-
56 ly incapacitate him or her for the performance of the duties of his or
S. 5901--A 32
1 her position. Notwithstanding the foregoing, where an employee is absent
2 by reason of a disability resulting from occupational injury or disease
3 as defined in the workers' compensation law and that employee has not
4 yet received care directed by his or her treating provider as a result
5 of the employer or carrier's dispute, that employee is entitled to an
6 indefinite leave of absence, unless his or her disability is of such a
7 nature as to permanently incapacitate him or her for the performance of
8 the duties of his or her position. Such employee may, within one year
9 after the termination of such disability, make application to the civil
10 service department or municipal commission having jurisdiction over the
11 position last held by such employee for a medical examination to be
12 conducted by a medical officer selected for that purpose by such depart-
13 ment or commission. If, upon such medical examination, such medical
14 officer shall certify that such person is physically and mentally fit to
15 perform the duties of his or her former position, he or she shall be
16 reinstated to his or her former position, if vacant, or to a vacancy in
17 a similar position or a position in a lower grade in the same occupa-
18 tional field, or to a vacant position for which he or she was eligible
19 for transfer. If no appropriate vacancy shall exist to which rein-
20 statement may be made, or if the work load does not warrant the filling
21 of such vacancy, the name of such person shall be placed upon a
22 preferred list for his or her former position, and he or she shall be
23 eligible for reinstatement from such preferred list for a period of four
24 years. In the event that such person is reinstated to a position in a
25 grade lower than that of his or her former position, his or her name
26 shall be placed on the preferred eligible list for his or her former
27 position or any similar position. This section shall not be deemed to
28 modify or supersede any other provisions of law applicable to the re-em-
29 ployment of persons retired from the public service on account of disa-
30 bility.
31 § 29. Paragraph (b) of subdivision 1 of section 460.10 of the penal
32 law, as amended by chapter 442 of the laws of 2006, is amended to read
33 as follows:
34 (b) Any felony set forth elsewhere in the laws of this state and
35 defined by the tax law relating to alcoholic beverage, cigarette, gaso-
36 line and similar motor fuel taxes; article seventy-one of the environ-
37 mental conservation law relating to water pollution, hazardous waste or
38 substances hazardous or acutely hazardous to public health or safety of
39 the environment; article twenty-three-A of the general business law
40 relating to prohibited acts concerning stocks, bonds and other securi-
41 ties, article twenty-two of the general business law concerning monopo-
42 lies, article seven of the workers' compensation law concerning fraud.
43 § 30. This act shall take effect on the ninetieth day after it shall
44 have become a law; provided, however that the amendments to paragraph 1
45 of subsection (t) of section 2313 of the insurance law made by section
46 twenty-seven of this act shall not affect the repeal of such subsection
47 and shall be deemed repealed therewith.
