STATE OF NEW YORK
________________________________________________________________________
5432
2025-2026 Regular Sessions
IN SENATE
February 21, 2025
___________
Introduced by Sens. SKOUFIS, ADDABBO, ASHBY, BAILEY, BORRELLO, FERNAN-
DEZ, HARCKHAM, HINCHEY, MAYER, MYRIE, PARKER, PERSAUD, RHOADS, ROLI-
SON, STEC, TEDISCO, WEBB, WEBER -- read twice and ordered printed, and
when printed to be committed to the Committee on Local Government
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to increasing the
amount of certain benefits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 8 of the volunteer firefighters' benefit law, as
2 amended by chapter 401 of the laws of 2016, is amended to read as
3 follows:
4 § 8. Permanent total disability benefits. In the case of total disa-
5 bility adjudged to be permanent the volunteer firefighter shall be paid
6 [six] twelve hundred dollars for each week during the continuance there-
7 of. Permanent total disability, within the meaning of this section,
8 shall exist only if the earning capacity of the volunteer firefighter
9 has been lost permanently and totally as the result of the injury. The
10 loss of both hands, or both arms, or both feet, or both legs, or both
11 eyes, or any two thereof, shall, in the absence of conclusive proof to
12 the contrary, constitute permanent total disability, but in all other
13 cases permanent total disability shall be determined in accordance with
14 the facts. Notwithstanding any other provisions of this chapter, an
15 injured volunteer firefighter disabled due to the loss or total loss of
16 use of both eyes, or both hands, or both arms, or both feet, or both
17 legs, or any two thereof shall not suffer any diminution of such weekly
18 benefit by engaging in business or employment provided [his or her] such
19 volunteer firefighter's weekly earnings or wages, when combined with
20 [his or her] such volunteer firefighter's weekly benefit shall not be in
21 excess of [eight] sixteen hundred dollars; and further provided that the
22 application of this section shall not result in reduction of benefits
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00671-01-5
S. 5432 2
1 which an injured volunteer firefighter who is disabled due to the loss
2 or total loss of use of both eyes, or both hands, or both arms, or both
3 feet, or both legs, or any two thereof would otherwise be entitled to
4 under any other provisions of this article.
5 § 2. Section 9 of the volunteer firefighters' benefit law, as amended
6 by chapter 523 of the laws of 2021, is amended to read as follows:
7 § 9. Temporary total disability benefits. In the case of temporary
8 total disability the volunteer firefighter shall be paid one hundred
9 twenty-five dollars for each week during the continuance thereof;
10 provided, however, that when the volunteer firefighter is injured in the
11 line of duty on or after July first, nineteen hundred seventy-eight to
12 December thirty-first, nineteen hundred seventy-eight, said firefighter
13 shall receive one hundred eighty dollars per week during the continuance
14 thereof; and further provided, that when the volunteer firefighter is
15 injured in the line of duty on or after January first, nineteen hundred
16 seventy-nine to June thirtieth, nineteen hundred eighty-three, said
17 firefighter shall receive two hundred fifteen dollars per week during
18 the continuance thereof; and further provided, that when the volunteer
19 firefighter is injured in the line of duty on or after July first, nine-
20 teen hundred eighty-three to June thirtieth, nineteen hundred eighty-
21 four, said firefighter shall receive two hundred fifty-five dollars per
22 week during the continuance thereof; and further provided, that when the
23 volunteer firefighter is injured in the line of duty on or after July
24 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred
25 eighty-five, said firefighter shall receive two hundred seventy-five
26 dollars per week during the continuance thereof; and further provided,
27 that when the volunteer firefighter is injured in the line of duty on or
28 after July first, nineteen hundred eighty-five to June thirtieth, nine-
29 teen hundred ninety, said firefighter shall receive three hundred
30 dollars per week during the continuance thereof; and further provided,
31 that when the volunteer firefighter is injured in the line of duty on or
32 after July first, nineteen hundred ninety to June thirtieth, nineteen
33 hundred ninety-one, said firefighter shall receive three hundred forty
34 dollars per week during the continuance thereof; and further provided,
35 that when a volunteer firefighter is injured in the line of duty on or
36 after July first, nineteen hundred ninety-one to June thirtieth, nine-
37 teen hundred ninety-two, said firefighter shall receive three hundred
38 fifty dollars per week during the continuance thereof; and further
39 provided, that when a volunteer firefighter is injured in the line of
40 duty on or after July first, nineteen hundred ninety-two to June thirti-
41 eth, two thousand twenty-one, said firefighter shall receive four
42 hundred dollars per week during the continuance thereof; and further
43 provided, that when a volunteer firefighter is injured in the line of
44 duty on or after July first, two thousand twenty-one to June thirtieth,
45 two thousand twenty-five, said firefighter shall receive six hundred
46 fifty dollars per week during the continuance thereof; and further
47 provided, that when a volunteer firefighter is injured in the line of
48 duty on or after July first, two thousand twenty-five, such firefighter
49 shall receive eight hundred dollars per week during the continuance
50 thereof. Temporary total disability, within the meaning of this
51 section, shall exist only if the earning capacity of the volunteer fire-
52 fighter has been lost temporarily and totally as the result of the inju-
53 ry. In case of temporary total disability and permanent partial disabil-
54 ity both resulting from the same injury, if the temporary total
55 disability continues for a longer period than the number of weeks set
56 forth in the following schedule, the period of temporary total disabili-
S. 5432 3
1 ty in excess of such number of weeks shall be added to the period
2 provided in section ten of this article: arm, thirty-two weeks; leg,
3 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
4 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
5 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
6 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other
7 than great toe, eight weeks. In any case resulting in loss or partial
8 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
9 where the temporary total disability does not extend beyond the periods
10 above mentioned for such injury, benefits shall be limited to the sched-
11 ule contained in section ten of this article.
12 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi-
13 sion 1 as amended by chapter 175 of the laws of 1962, the opening para-
14 graph of subdivision 1 as amended by chapter 21 of the laws of 1991,
15 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of
16 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of
17 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of
18 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the
19 laws of 1974, the opening paragraph and subparagraph 4 of paragraph (g)
20 of subdivision 1 and subdivision 3 as amended by chapter 476 of the laws
21 of 2018, is amended to read as follows:
22 § 10. Permanent partial disability benefits. 1. In the case of disa-
23 bility partial in character, but permanent in quality, the volunteer
24 firefighter shall be paid ninety-five dollars for each week for the
25 period specified in this subdivision, provided, however, that when the
26 volunteer firefighter is injured in the line of duty on or after January
27 first, nineteen hundred seventy-eight to June thirtieth, nineteen
28 hundred eighty-three, such payment shall be one hundred five dollars for
29 each week, and further provided that when a volunteer firefighter is
30 injured in the line of duty on or after July first, nineteen hundred
31 eighty-three to and including June thirtieth, nineteen hundred eighty-
32 four, such payments shall be one hundred twenty-five dollars for each
33 week and provided further that when the volunteer firefighter is injured
34 in the line of duty on or after July first, nineteen hundred eighty-four
35 to and including June thirtieth, nineteen hundred eighty-five such
36 payments shall be one hundred thirty-five dollars for each week and
37 provided further that when the volunteer firefighter is injured in the
38 line of duty on or after July first, nineteen hundred eighty-five to and
39 including June thirtieth, nineteen hundred ninety such payments shall be
40 one hundred fifty dollars for each week, and provided further that when
41 the volunteer firefighter is injured in the line of duty on or after
42 July first, nineteen hundred ninety to and including June thirtieth,
43 nineteen hundred ninety-one such payments shall be two hundred eighty
44 dollars for each week, and provided further that when the volunteer
45 firefighter is injured in the line of duty on or after July first, nine-
46 teen hundred ninety-one to and including June thirtieth, nineteen
47 hundred ninety-two such payments shall be three hundred fifty dollars
48 for each week, and provided further that when the volunteer firefighter
49 is injured in the line of duty on or after July first, nineteen hundred
50 ninety-two such payments shall be four hundred dollars for each week,
51 provided, however, that when the volunteer firefighter is injured in the
52 line of duty on or after March first, two thousand twenty-five such
53 payment shall be eight hundred dollars for each week as follows:
54 (a) Loss of member.
S. 5432 4
1 Member lost ............................................ Number of weeks
2 Arm ................................................................ 312
3 Leg ................................................................ 288
4 Hand ............................................................... 244
5 Foot ............................................................... 205
6 Eye ................................................................ 160
7 Thumb ............................................................... 75
8 First finger ........................................................ 46
9 Great toe ........................................................... 38
10 Second finger ....................................................... 30
11 Third finger ........................................................ 25
12 Toe other than great toe ............................................ 16
13 Fourth finger ....................................................... 15
14 If more than one phalange of a digit shall be lost, the period shall be
15 the same as for the loss of the entire digit. If only the first phalange
16 shall be lost, the period shall be one-half the period for loss of the
17 entire digit. The period for loss or loss of use of two or more digits,
18 or one or more phalanges of two or more digits, of a hand or foot, may
19 be proportioned to the period for the loss of use of the hand or foot
20 occasioned thereby, but shall not exceed the period for the loss of a
21 hand or foot. If an arm or leg shall be amputated at or above the wrist
22 or ankle, the period for such loss shall be in proportion to the period
23 for the loss of the arm or leg. In the case of loss of binocular vision
24 or of eighty per centum or more of the vision of an eye, the period
25 shall be the same as for the loss of the eye.
26 (b) Loss of hearing. In the case of the complete loss of the hearing
27 of one ear, sixty weeks; for the loss of hearing of both ears, one
28 hundred fifty weeks.
29 (c) Total loss of use. In the case of permanent total loss of use of a
30 member, the period shall be the same as for the loss of the member.
31 (d) Partial loss or partial loss of use. Except as above provided in
32 this subdivision, in the case of permanent partial loss or loss of use
33 of a member, the period shall be for the proportionate loss or loss of
34 use of the member. Compensation for permanent partial loss of use of an
35 eye shall be awarded on the basis of uncorrected loss of vision or
36 corrected loss of vision resulting from an injury whichever is the
37 greater.
38 (e) Disfigurement. In the case of serious facial or head disfigure-
39 ment, including a disfigurement continuous in length which is partly in
40 the facial area and also extends into the neck region as described in
41 this paragraph, the volunteer firefighter shall be paid in a lump sum a
42 proper and equitable amount, which shall be determined by the workers'
43 compensation board. If the earning capacity of the volunteer firefighter
44 shall have been impaired, or may in the future be impaired, by any seri-
45 ous disfigurement in the region above the sterno clavicular artic-
46 ulations anterior to and including the region of the sterno cleido
47 mastoid muscles on either side, the volunteer firefighter shall be paid
48 in a lump sum a proper and equitable amount which shall be determined by
49 such board. Two or more serious disfigurements, not continuous in
50 length, resulting from the same injury, if partially in the facial area
51 and partially in such neck region, shall be deemed to be a facial
52 disfigurement. An award, or the aggregate of the awards, to a volunteer
53 firefighter under this paragraph shall not exceed [twenty] forty thou-
54 sand dollars.
S. 5432 5
1 (f) Total or partial loss or loss of use of more than one member. In
2 any case in which there shall be a loss or loss of use of more than one
3 member or parts of more than one member set forth above in paragraphs a
4 to e, both inclusive, of this subdivision, but not amounting to perma-
5 nent total disability, the periods for loss or loss of use of each such
6 member or part thereof shall run consecutively.
7 (g) Other cases. In all other cases of permanent partial disability
8 the volunteer firefighter shall be paid for each week during the contin-
9 uance thereof, as follows:
10 1. If the percentage of loss of earning capacity is seventy-five per
11 centum, or greater, [he or she] such volunteer firefighter shall be paid
12 ninety-five dollars for each week, provided, however, that when the
13 volunteer firefighter is injured in the line of duty on or after January
14 first, nineteen hundred seventy-eight to and including June thirtieth,
15 nineteen hundred eighty-three, such payment shall be one hundred five
16 dollars for each week provided, however, that when the volunteer fire-
17 fighter is injured in the line of duty on or after July first, nineteen
18 hundred eighty-three to and including June thirtieth, nineteen hundred
19 eighty-four, such payment shall be one hundred twenty-five dollars for
20 each week provided, however, that when the volunteer firefighter is
21 injured in the line of duty on or after July first, nineteen hundred
22 eighty-four to and including June thirtieth, nineteen hundred eighty-
23 five such payment shall be one hundred thirty-five dollars for each
24 week, provided, however, that when the volunteer firefighter is injured
25 in the line of duty on or after July first, nineteen hundred eighty-five
26 to and including June thirtieth, nineteen hundred ninety such payment
27 shall be one hundred fifty dollars for each week, provided, however,
28 that when the volunteer firefighter is injured in the line of duty on or
29 after July first, nineteen hundred ninety to and including June thirti-
30 eth, nineteen hundred ninety-one such payment shall be two hundred
31 eighty dollars for each week, and provided further that when the volun-
32 teer firefighter is injured in the line of duty on or after July first,
33 nineteen hundred ninety-one to and including June thirtieth, nineteen
34 hundred ninety-two such payment shall be three hundred fifty dollars for
35 each week, and provided further that when the volunteer firefighter is
36 injured in the line of duty on or after July first, nineteen hundred
37 ninety-two such payment shall be four hundred dollars for each week;
38 provided, however, that when the volunteer firefighter is injured in the
39 line of duty on or after March first, two thousand twenty-five such
40 payment shall be eight hundred dollars for each week;
41 2. If the percentage of loss of earning capacity is fifty per centum,
42 or greater, but less than seventy-five per centum, [he or she] such
43 volunteer firefighter shall be paid sixty-three dollars and thirty-three
44 cents for each week, provided, however, that when the volunteer fire-
45 fighter is injured in the line of duty on or after January first, nine-
46 teen hundred seventy-eight to and including June thirtieth, nineteen
47 hundred eighty-three, such payment shall be seventy dollars for each
48 week, provided, however, that when the volunteer firefighter is injured
49 in the line of duty on or after July first, nineteen hundred eighty-
50 three to and including June thirtieth, nineteen hundred eighty-four such
51 payment shall be eighty-three dollars and thirty-three cents for each
52 week, provided, however, that when the volunteer firefighter is injured
53 in the line of duty on or after July first, nineteen hundred eighty-
54 four, to and including June thirtieth, nineteen hundred eighty-five,
55 such payment shall be ninety dollars for each week, provided, however,
56 that when the volunteer firefighter is injured in the line of duty on or
S. 5432 6
1 after July first, nineteen hundred eighty-five to and including June
2 thirtieth, nineteen hundred ninety such payment shall be one hundred
3 dollars for each week, provided, however, that when the volunteer fire-
4 fighter is injured in the line of duty on or after July first, nineteen
5 hundred ninety to and including June thirtieth, nineteen hundred nine-
6 ty-one such payment shall be one hundred eighty-six dollars and seven-
7 ty-six cents for each week, provided, however, that when the volunteer
8 firefighter is injured in the line of duty on or after July first, nine-
9 teen hundred ninety-one to and including June thirtieth, nineteen
10 hundred ninety-two such payment shall be two hundred thirty-four dollars
11 and fifty cents for each week, provided, however, that when the volun-
12 teer firefighter is injured in the line of duty on or after July first,
13 nineteen hundred ninety-two such payment shall be two hundred sixty-
14 eight dollars for each week, provided, however, that when the volunteer
15 firefighter is injured in the line of duty on or after March first, two
16 thousand twenty-five, such payment shall be five hundred thirty-six
17 dollars for each week;
18 3. If the percentage of loss of earning capacity is twenty-five per
19 centum, or greater, but less than fifty per centum, [he] such volunteer
20 firefighter shall be paid [thirty] sixty dollars for each week;
21 4. If the percentage of loss of earning capacity is less than twenty-
22 five per centum, [he or she] such volunteer firefighter shall not be
23 paid any weekly benefit. Permanent partial disability, within the mean-
24 ing of this paragraph, shall exist only if the earning capacity of the
25 volunteer firefighter has been permanently and partially lost as the
26 result of the injury. The workers' compensation board shall determine
27 the degree of such disability and such board may reconsider such degree
28 on its own motion or upon application of any party in interest.
29 2. An award made to a claimant under this section shall in case of
30 death arising from causes other than the injury be payable to and for
31 the benefit of the persons following:
32 (a) If there be a surviving spouse and no child of the deceased under
33 the age of eighteen years, to such spouse.
34 (b) If there be a surviving spouse and surviving child or children of
35 the deceased under the age of eighteen years, one-half shall be payable
36 to the surviving spouse and the other half to the surviving child or
37 children.
38 (c) If there be a surviving child or children of the deceased under
39 the age of eighteen years, but no surviving spouse, then to such child
40 or children.
41 (d) If there be no surviving spouse and no surviving child or children
42 of the deceased under the age of eighteen years, then to such dependent
43 or dependents as defined in section seven of this chapter, as directed
44 by the [workmen's] workers' compensation board; and if there shall be no
45 such dependents, then to the estate of such deceased in an amount not
46 exceeding reasonable funeral expenses as provided in subdivision one of
47 section seven of this chapter, or, if there be no estate, to the person
48 or persons paying the funeral expenses of such deceased in an amount not
49 exceeding reasonable funeral expenses as provided in such subdivision
50 one.
51 3. An award for disability may be made after the death of the volun-
52 teer firefighter.
53 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene-
54 fit law, as amended by chapter 924 of the laws of 1990, is amended to
55 read as follows:
S. 5432 7
1 1. If the percentage of loss of earning capacity is seventy-five per
2 centum, or greater, [he or she] such volunteer firefighter shall be paid
3 ninety-five dollars for each week, provided, however, that when the
4 volunteer firefighter is injured in the line of duty on or after January
5 first, nineteen hundred seventy-eight to and including June thirtieth,
6 nineteen hundred eighty-three, such payment shall be one hundred five
7 dollars for each week, provided, however, that when the volunteer fire-
8 fighter is injured in the line of duty on or after July first, nineteen
9 hundred eighty-three to and including June thirtieth, nineteen hundred
10 eighty-four, such payment shall be one hundred twenty-five dollars for
11 each week, provided, however, that when the volunteer firefighter is
12 injured in the line of duty on or after July first, nineteen hundred
13 eighty-four to and including June thirtieth, nineteen hundred eighty-
14 five, such payment shall be one hundred thirty-five dollars for each
15 week, provided, however, that when the volunteer firefighter is injured
16 in the line of duty on or after July first, nineteen hundred eighty-five
17 to and including June thirtieth, nineteen hundred ninety such payment
18 shall be one hundred fifty dollars for each week, provided, however,
19 that when the volunteer firefighter is injured in the line of duty on or
20 after July first, nineteen hundred ninety to and including June thirti-
21 eth, nineteen hundred ninety-one such payment shall be two hundred
22 eighty dollars for each week, provided, however, that when the volunteer
23 firefighter is injured in the line of duty on or after July first, nine-
24 teen hundred ninety-one to and including June thirtieth, nineteen
25 hundred ninety-two such payment shall be three hundred fifty dollars for
26 each week, provided, however, that when the volunteer firefighter is
27 injured in the line of duty on or after July first, nineteen hundred
28 ninety-two such payment shall be four hundred dollars for each week;
29 provided, however, that when the volunteer firefighter is injured in the
30 line of duty on or after March first, two thousand twenty-five such
31 payment shall be eight hundred dollars for each week;
32 § 5. Section 8 of the volunteer ambulance workers' benefit law, as
33 amended by chapter 401 of the laws of 2016, is amended to read as
34 follows:
35 § 8. Permanent total disability benefits. In the case of total disa-
36 bility adjudged to be permanent the volunteer ambulance worker shall be
37 paid [six] twelve hundred dollars for each week during the continuance
38 thereof. Permanent total disability, within the meaning of this section,
39 shall exist only if the earning capacity of the volunteer ambulance
40 worker has been lost permanently and totally as the result of the inju-
41 ry. The loss of both hands, or both arms, or both feet, or both legs, or
42 both eyes, or any two thereof, shall, in the absence of conclusive proof
43 to the contrary, constitute permanent total disability, but in all other
44 cases permanent total disability shall be determined in accordance with
45 the facts. Notwithstanding any other provisions of this chapter, an
46 injured volunteer ambulance worker disabled due to the loss or total
47 loss of use of both eyes, or both hands, or both arms, or both feet, or
48 both legs, or any two thereof shall not suffer any diminution of such
49 weekly benefit by engaging in business or employment provided [his or
50 her] such volunteer ambulance worker's weekly earnings or wages, when
51 combined with [his] such volunteer ambulance worker's weekly benefit
52 shall not be in excess of [eight] sixteen hundred dollars; and further
53 provided that the application of this section shall not result in
54 reduction of benefits which an injured volunteer ambulance worker who is
55 disabled due to the loss or total loss of use of both eyes, or both
56 hands, or both arms, or both feet, or both legs, or any two thereof
S. 5432 8
1 would otherwise be entitled to under any other provisions of this arti-
2 cle.
3 § 6. Section 9 of the volunteer ambulance workers' benefit law, as
4 amended by chapter 523 of the laws of 2021, is amended to read as
5 follows:
6 § 9. Temporary total disability benefits. In the case of temporary
7 total disability the volunteer ambulance worker shall be paid three
8 hundred dollars for each week during the continuance thereof; provided,
9 however, that when the volunteer ambulance worker is injured in the line
10 of duty on or after the effective date of this chapter to June thirti-
11 eth, nineteen hundred ninety; further provided, that when the volunteer
12 ambulance worker is injured in the line of duty on or after July first,
13 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
14 said ambulance worker shall receive three hundred forty dollars per week
15 during the continuance thereof, and further provided, that when a volun-
16 teer ambulance worker is injured in the line of duty on or after July
17 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
18 ninety-two, said ambulance worker shall receive three hundred fifty
19 dollars per week during the continuance thereof; provided further that
20 when a volunteer ambulance worker is injured in the line of duty on or
21 after July first, nineteen hundred ninety-two to June thirtieth, two
22 thousand twenty-one, such ambulance worker shall be paid four hundred
23 dollars for each week during the continuance thereof; provided further
24 that when a volunteer ambulance worker is injured in the line of duty on
25 or after July first, two thousand twenty-one to June thirtieth, two
26 thousand twenty-five such ambulance worker shall be paid six hundred
27 fifty dollars for each week during the continuance thereof; provided
28 further that when a volunteer ambulance worker is injured in the line of
29 duty on or after July first, two thousand twenty-five such ambulance
30 worker shall be paid eight hundred dollars for each week during the
31 continuance thereof. Temporary total disability, within the meaning of
32 this section, shall exist only if the earning capacity of the volunteer
33 ambulance worker has been lost temporarily and totally as the result of
34 the injury. In case of temporary total disability and permanent partial
35 disability both resulting from the same injury, if the temporary total
36 disability continues for a longer period than the number of weeks set
37 forth in the following schedule, the period of temporary total disabili-
38 ty in excess of such number of weeks shall be added to the period
39 provided in section ten of this chapter: arm, thirty-two weeks; leg,
40 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
41 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
42 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
43 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
44 than great toe, eight weeks. In any case resulting in loss or partial
45 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
46 where the temporary total disability does not extend beyond the periods
47 above mentioned for such injury, benefits shall be limited to the sched-
48 ule contained in section ten of this chapter.
49 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers'
50 benefit law, as amended by chapter 604 of the laws of 1989, the opening
51 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and
52 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the
53 laws of 1990, is amended to read as follows:
54 1. In the case of disability partial in character, but permanent in
55 quality, the volunteer ambulance worker, injured in the line of duty
56 shall be paid one hundred fifty dollars for each week for the period
S. 5432 9
1 specified in this subdivision, provided, however, that when the volun-
2 teer ambulance worker is injured in the line of duty on or after the
3 effective date of this chapter to and including June thirtieth, nineteen
4 hundred ninety, and provided further that when the volunteer ambulance
5 worker is injured in the line of duty on or after July first, nineteen
6 hundred ninety to and including June thirtieth, nineteen hundred nine-
7 ty-one such payments shall be two hundred eighty dollars for each week,
8 and provided further that when the volunteer ambulance worker is injured
9 in the line of duty on or after July first, nineteen hundred ninety-one
10 to and including June thirtieth, nineteen hundred ninety-two such
11 payments shall be three hundred fifty dollars for each week; and
12 provided further that when the volunteer ambulance worker is injured in
13 the line of duty on or after July first, nineteen hundred ninety-two
14 such payments shall be four hundred dollars for each week; provided
15 further that when a volunteer ambulance worker is injured in the line of
16 duty on or after March first, two thousand twenty-five such ambulance
17 worker shall be paid eight hundred dollars for each week as follows:
18 a. Loss of member.
19 Member lost Number of weeks
20 Arm ........................................................ 312
21 Leg ........................................................ 288
22 Hand ....................................................... 244
23 Foot ....................................................... 205
24 Eye ........................................................ 160
25 Thumb ...................................................... 75
26 First finger ............................................... 46
27 Great toe .................................................. 38
28 Second finger .............................................. 30
29 Third finger ............................................... 25
30 Toe other than great toe ................................... 16
31 Fourth finger .............................................. 15
32 If more than one phalange of a digit shall be lost, the period shall be
33 the same as for the loss of the entire digit. If only the first phalange
34 shall be lost, the period shall be one-half the period for loss of the
35 entire digit. The period for loss or loss of use of two or more digits,
36 or one or more phalanges of two or more digits, of a hand or foot, may
37 be proportioned to the period for the loss of use of the hand or foot
38 occasioned thereby, but shall not exceed the period for the loss of a
39 hand or foot. If an arm or leg shall be amputated at or above the wrist
40 or ankle, the period for such loss shall be in proportion to the period
41 for the loss of the arm or leg. In the case of loss of binocular vision
42 or of eighty per centum or more of the vision of an eye, the period
43 shall be the same as for the loss of the eye.
44 b. Loss of hearing. In the case of the complete loss of the hearing of
45 one ear, sixty weeks; for the loss of hearing of both ears, one hundred
46 fifty weeks.
47 c. Total loss of use. In the case of permanent total loss of use of a
48 member, the compensation shall be the same as for the loss of the
49 member.
50 d. Partial loss or partial loss of use. Except as above provided in
51 this subdivision, in the case of permanent partial loss or loss of use
52 of a member, the period shall be for the proportionate loss or loss of
53 use of the member. Compensation for permanent partial loss of use of an
54 eye shall be awarded on the basis of uncorrected loss of vision or
55 corrected loss of vision resulting from an injury which ever is greater.
S. 5432 10
1 e. Disfigurement. In the case of serious facial or head disfigurement,
2 including a disfigurement continuous in length which is partly in the
3 facial area and also extends into the neck region as described in this
4 paragraph, the volunteer ambulance worker shall be paid in a lump sum a
5 proper and equitable amount, which shall be determined by the workers'
6 compensation board. If the earning capacity of the volunteer ambulance
7 worker shall have been impaired, or may in the future be impaired, by
8 any serious disfigurement in the region above the sterno clavicular
9 articulations anterior to and including the region of the sterno cleido
10 mastoid muscles on either side, the volunteer ambulance worker shall be
11 paid in a lump sum a proper and equitable amount which shall be deter-
12 mined by such board. Two or more serious disfigurements, not continuous
13 in length, resulting from the same injury, if partially in the facial
14 area and partially in such neck region, shall be deemed to be a facial
15 disfigurement. An award, or the aggregate of the awards, to a volunteer
16 ambulance worker under this paragraph shall not exceed [twenty] forty
17 thousand dollars.
18 f. Total or partial loss or loss of use of more than one member. In
19 any case in which there shall be a loss or loss of use of more than one
20 member or parts of more than one member set forth above in paragraphs a
21 to e, both inclusive, of this subdivision, but not amounting to perma-
22 nent total disability, the periods for loss or loss of use of each such
23 member or part thereof shall run consecutively.
24 g. Other cases. In all other cases of permanent partial disability the
25 volunteer ambulance worker shall be paid for each week, during the
26 continuance thereof, as follows:
27 (1) If the percentage of loss of earning capacity is seventy-five per
28 centum, or greater, [he or she] such volunteer ambulance worker shall be
29 paid one hundred fifty dollars for each week, provided, however, that
30 the volunteer ambulance worker is injured in the line of duty on or
31 after the effective date of this chapter to and including June thirti-
32 eth, nineteen hundred ninety, provided, however, that when the volunteer
33 ambulance worker is injured in the line of duty on or after July first,
34 nineteen hundred ninety to and including June thirtieth, nineteen
35 hundred ninety-one such payment shall be two hundred eighty dollars for
36 each week, and provided further that when the volunteer ambulance worker
37 is injured in the line of duty on or after July first, nineteen hundred
38 ninety-one to and including June thirtieth, nineteen hundred ninety-two
39 such payment shall be three hundred fifty dollars for each week; and
40 provided further that when the volunteer ambulance worker is injured in
41 the line of duty on or after July first, nineteen hundred ninety-two
42 such payments shall be four hundred dollars for each week; provided
43 further that when a volunteer ambulance worker is injured in the line of
44 duty on or after March first, two thousand twenty-five such ambulance
45 worker shall be paid eight hundred dollars for each week during the
46 continuance thereof.
47 (2) If the percentage of loss of earning capacity is fifty per centum,
48 or greater, but less than seventy-five per centum, [he or she] such
49 volunteer ambulance worker shall be paid one hundred dollars for each
50 week, provided, however, that the volunteer ambulance worker is injured
51 in the line of duty on or after the effective date of this chapter to
52 and including June thirtieth, nineteen hundred ninety, provided, howev-
53 er, that when the volunteer ambulance worker is injured in the line of
54 duty on or after July first, nineteen hundred ninety to and including
55 June thirtieth, nineteen hundred ninety-one, such payment shall be one
56 hundred eighty-six dollars and seventy-six cents for each week,
S. 5432 11
1 provided, however, that when the volunteer ambulance worker is injured
2 in the line of duty on or after July first, nineteen hundred ninety-one
3 to and including June thirtieth, nineteen hundred ninety-two, such
4 payment shall be two hundred thirty-four dollars and fifty cents for
5 each week; provided, however, that when the volunteer ambulance worker
6 is injured in the line of duty on or after July first, nineteen hundred
7 ninety-two, such payment shall be two hundred sixty-eight dollars for
8 each week, provided, however, that when the volunteer ambulance worker
9 is injured in the line of duty on or after March first, two thousand
10 twenty-five, such payment shall be five hundred thirty-six dollars for
11 each week.
12 (3) If the percentage of loss of earning capacity is twenty-five
13 percentum, or greater, but less than fifty per centum, [he or she] such
14 volunteer ambulance worker shall be paid [thirty] sixty dollars for each
15 week.
16 (4) If the percentage of loss of earning capacity is less than twen-
17 ty-five per centum, [he or she] such volunteer ambulance worker shall
18 not be paid any weekly benefit.
19 Permanent partial disability, within the meaning of this paragraph,
20 shall exist only if the earning capacity of the volunteer ambulance
21 worker has been permanently and partially lost as the result of the
22 injury. The workers' compensation board shall determine the degree of
23 such disability and such board may reconsider such degree on its own
24 motion or upon application of any party in interest.
25 § 8. Section 11 of the volunteer ambulance workers' benefit law, as
26 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as
27 amended by chapter 924 of the laws of 1990, is amended to read as
28 follows:
29 § 11. Temporary partial disability benefits. In the case of temporary
30 partial disability the volunteer ambulance worker shall be paid for each
31 week during the continuance thereof, as follows:
32 1. If the percentage of loss of earning capacity is seventy-five per
33 centum, or greater, [he or she] such volunteer ambulance worker shall be
34 paid one hundred fifty dollars for each week, provided, however, that
35 the volunteer ambulance worker is injured in the line of duty on or
36 after the effective date of this chapter to and including June thirti-
37 eth, nineteen hundred ninety, provided, however, that when the volunteer
38 ambulance worker is injured in the line of duty on or after July first,
39 nineteen hundred ninety to and including June thirtieth, nineteen
40 hundred ninety-one, such payment shall be two hundred eighty dollars for
41 each week, provided, however, that when the volunteer ambulance worker
42 is injured in the line of duty on or after July first, nineteen hundred
43 ninety-one to and including June thirtieth, nineteen hundred ninety-two,
44 such payment shall be three hundred fifty dollars for each week; and
45 provided further that when the volunteer ambulance worker is injured in
46 the line of duty on or after July first, nineteen hundred ninety-two
47 such payments shall be four hundred dollars for each week; provided
48 further that when a volunteer ambulance worker is injured in the line of
49 duty on or after March first, two thousand twenty-five such ambulance
50 worker shall be paid eight hundred dollars for each week.
51 2. If the percentage of loss of earning capacity is fifty per centum,
52 or greater, but less than seventy-five per centum, [he or she] such
53 volunteer ambulance worker shall be paid one hundred dollars for each
54 week, provided, however, that the volunteer ambulance worker is injured
55 in the line of duty on or after the effective date of this chapter to
56 and including June thirtieth, nineteen hundred ninety, provided, howev-
S. 5432 12
1 er, that when the volunteer ambulance worker is injured in the line of
2 duty on or after July first, nineteen hundred ninety to and including
3 June thirtieth, nineteen hundred ninety-one, such payment shall be one
4 hundred eighty-six dollars and seventy-six cents for each week,
5 provided, however, that when the volunteer ambulance worker is injured
6 in the line of duty on or after July first, nineteen hundred ninety-one
7 to and including June thirtieth, nineteen hundred ninety-two, such
8 payment shall be two hundred thirty-four dollars and fifty cents for
9 each week; provided, however, that when the volunteer ambulance worker
10 is injured in the line of duty on or after July first, nineteen hundred
11 ninety-two, such payment shall be two hundred sixty-eight dollars for
12 each week, provided, however, that when the volunteer ambulance worker
13 is injured in the line of duty on or after March first, two thousand
14 twenty-five, such payment shall be five hundred thirty-six dollars for
15 each week.
16 3. If the percentage of loss of earning capacity is twenty-five per
17 centum, or greater, but less than fifty per centum, [he or she] such
18 volunteer ambulance worker shall be paid [thirty] sixty dollars for each
19 week.
20 4. If the percentage of loss of earning capacity is less than twenty-
21 five per centum, [he or she] such volunteer ambulance worker shall not
22 be paid any weekly benefit.
23 Temporary partial disability, within the meaning of this section,
24 shall exist only if the earning capacity of the volunteer ambulance
25 worker has been temporarily and partially lost as the result of the
26 injury. The workers' compensation board shall determine the degree of
27 such disability and such board may reconsider such degree on its own
28 motion or upon application of any party in interest.
29 § 9. This act shall take effect immediately.
