STATE OF NEW YORK
________________________________________________________________________
1390
2015-2016 Regular Sessions
IN ASSEMBLY
January 12, 2015
___________
Introduced by M. of A. PAULIN, ABINANTI, JAFFEE -- Multi-Sponsored by --
M. of A. ROBERTS -- read once and referred to the Committee on Local
Governments
AN ACT to amend the volunteer ambulance workers' benefit law, in
relation to increasing disability benefit levels
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 ambulance workers' benefit law,
2 as amended by chapter 574 of the laws of 1998, is amended to read as
3 follows:
4 § 8. Permanent total disability benefits. In the case of total disa-
5 bility adjudged to be permanent the volunteer ambulance worker shall be
6 paid [four] eight hundred dollars for each week during the continuance
7 thereof. Permanent total disability, within the meaning of this section,
8 shall exist only if the earning capacity of the volunteer ambulance
9 worker has been lost permanently and totally as the result of the inju-
10 ry. The loss of both hands, or both arms, or both feet, or both legs, or
11 both eyes, or any two thereof, shall, in the absence of conclusive proof
12 to 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 ambulance worker disabled due to the loss or total
16 loss of use of both eyes, or both hands, or both arms, or both feet, or
17 both legs, or any two thereof shall not suffer any diminution of such
18 weekly benefit by engaging in business or employment provided his or her
19 weekly earnings or wages, when combined with his weekly benefit shall
20 not be in excess of six hundred dollars; and further provided that the
21 application of this section shall not result in reduction of benefits
22 which an injured volunteer ambulance worker who is disabled due to the
23 loss or total loss of use of both eyes, or both hands, or both arms, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04989-02-5
A. 1390 2
1 both feet, or both legs, or any two thereof would otherwise be entitled
2 to under any other provisions of this article.
3 § 2. Section 9 of the volunteer ambulance workers' benefit law, as
4 amended by chapter 924 of the laws of 1990, 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 eight hundred dollars for each week during the continuance thereof[;
9 provided, however, that when the volunteer ambulance worker is injured
10 in the line of duty on or after the effective date of this chapter to
11 June thirtieth, nineteen hundred ninety; further provided, that when the
12 volunteer ambulance worker is injured in the line of duty on or after
13 July first, nineteen hundred ninety to June thirtieth, nineteen hundred
14 ninety-one, said ambulance worker shall receive three hundred forty
15 dollars per week during the continuance thereof, and further provided,
16 that when a volunteer ambulance worker is injured in the line of duty on
17 or after July first, nineteen hundred ninety-one to June thirtieth,
18 nineteen hundred ninety-two, said ambulance worker shall receive three
19 hundred fifty dollars per week during the continuance thereof; provided
20 further that when a volunteer ambulance worker is injured in the line of
21 duty on or after July first, nineteen hundred ninety-two such ambulance
22 worker shall be paid four hundred dollars for each week during the
23 continuance thereof]. Temporary total disability, within the meaning of
24 this section, shall exist only if the earning capacity of the volunteer
25 ambulance worker has been lost temporarily and totally as the result of
26 the injury. In case of temporary total disability and permanent partial
27 disability both resulting from the same injury, if the temporary total
28 disability continues for a longer period than the number of weeks set
29 forth in the following schedule, the period of temporary total disabili-
30 ty in excess of such number of weeks shall be added to the period
31 provided in section ten of this chapter: arm, thirty-two weeks; leg,
32 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
33 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
34 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
35 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
36 than great toe, eight weeks. In any case resulting in loss or partial
37 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
38 where the temporary total disability does not extend beyond the periods
39 above mentioned for such injury, benefits shall be limited to the sched-
40 ule contained in section ten of this chapter.
41 § 3. The opening paragraph and subparagraph 1 of paragraph g of subdi-
42 vision 1 of section 10 of the volunteer ambulance workers' benefit law,
43 the opening paragraph as amended by chapter 21 of the laws of 1991 and
44 subparagraph 1 as amended by chapter 924 of the laws of 1990, are
45 amended to read as follows:
46 In the case of disability partial in character, but permanent in qual-
47 ity, the volunteer ambulance worker, injured in the line of duty shall
48 be paid [one hundred fifty dollars for each week for the period speci-
49 fied in this subdivision, provided, however, that when the volunteer
50 ambulance worker is injured in the line of duty on or after the effec-
51 tive date of this chapter to and including June thirtieth, nineteen
52 hundred ninety, and provided further that when the volunteer ambulance
53 worker is injured in the line of duty on or after July first, nineteen
54 hundred ninety to and including June thirtieth, nineteen hundred nine-
55 ty-one such payments shall be two hundred eighty dollars for each week,
56 and provided further that when the volunteer ambulance worker is injured
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1 in the line of duty on or after July first, nineteen hundred ninety-one
2 to and including June thirtieth, nineteen hundred ninety-two such
3 payments shall be three hundred fifty dollars for each week; and
4 provided further that when the volunteer ambulance worker is injured in
5 the line of duty on or after July first, nineteen hundred ninety-two
6 such payments shall be four] eight hundred dollars for each week as
7 follows:
8 (1) If the percentage of loss of earning capacity is seventy-five per
9 centum, or greater, he or she shall be paid [one hundred fifty dollars
10 for each week, provided, however, that the volunteer ambulance worker is
11 injured in the line of duty on or after the effective date of this chap-
12 ter to and including June thirtieth, nineteen hundred ninety, provided,
13 however, that when the volunteer ambulance worker is injured in the line
14 of duty on or after July first, nineteen hundred ninety to and including
15 June thirtieth, nineteen hundred ninety-one such payment shall be two
16 hundred eighty dollars for each week, and provided further that when the
17 volunteer ambulance worker is injured in the line of duty on or after
18 July first, nineteen hundred ninety-one to and including June thirtieth,
19 nineteen hundred ninety-two such payment shall be three hundred fifty
20 dollars for each week; and provided further that when the volunteer
21 ambulance worker is injured in the line of duty on or after July first,
22 nineteen hundred ninety-two such payments shall be four] eight hundred
23 dollars for each week.
24 § 4. Subdivision 1 of section 11 of the volunteer ambulance workers'
25 benefit law, as amended by chapter 924 of the laws of 1990, is amended
26 to read as follows:
27 1. If the percentage of loss of earning capacity is seventy-five per
28 centum, or greater, he or she shall be paid [one hundred fifty dollars
29 for each week, provided, however, that the volunteer ambulance worker is
30 injured in the line of duty on or after the effective date of this chap-
31 ter to and including June thirtieth, nineteen hundred ninety, provided,
32 however, that when the volunteer ambulance worker is injured in the line
33 of duty on or after July first, nineteen hundred ninety to and including
34 June thirtieth, nineteen hundred ninety-one, such payment shall be two
35 hundred eighty dollars for each week, provided, however, that when the
36 volunteer ambulance worker is injured in the line of duty on or after
37 July first, nineteen hundred ninety-one to and including June thirtieth,
38 nineteen hundred ninety-two, such payment shall be three hundred fifty
39 dollars for each week; and provided further that when the volunteer
40 ambulance worker is injured in the line of duty on or after July first,
41 nineteen hundred ninety-two such payments shall be four] eight hundred
42 dollars for each week.
43 § 5. This act shall take effect on the first of July next succeeding
44 the date on which it shall have become a law and shall apply by its
45 terms to benefits paid for all weekly benefit periods which occur after
46 its effective date.
