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A03347 Summary:

BILL NOA03347
 
SAME ASNo Same As
 
SPONSORSteck (MS)
 
COSPNSRMcDonald
 
MLTSPNSRFahy, Santabarbara
 
Amd 8, 9 & 10, Vol Ffs Ben L; amd 8, 9 & 10, Vol Amb Wkr Ben L
 
Increases temporary and permanent disability payments for volunteer firefighters and ambulance workers, and specifies weekly payment amounts for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty-one.
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A03347 Actions:

BILL NOA03347
 
01/22/2021referred to local governments
01/05/2022referred to local governments
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A03347 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3347
 
SPONSOR: Steck (MS)
  TITLE OF BILL: An act to amend the volunteer firefighters' benefit law and the volun- teer ambulance workers' benefit law, in relation to increasing certain disability payments and specifying payments for volunteer firefighters and ambulance workers injured in the line of duty on or after July first, two thousand twenty-one   PURPOSE OR GENERAL IDEA OF BILL: To increase the permanent and temporary disability benefit rates under the Volunteer Firefighters' Benefit Law and Volunteer Ambulance Workers' Benefit Law for volunteer firefighters and volunteer ambulance workers injured in the line of duty.   SUMMARY OF SPECIFIC PROVISIONS:   JUSTIFICATION: The rate of benefits for loss of earning capacity paid to permanently partially disabled, temporarily totally disabled, and temporarily partially disabled volunteer firefighters and ambulance workers who are injured in the line of duty has not changed since 1992. According to the New York State Department of Labor's Research and Statistics Division, the average annual salary in 1992 (when these benefit rates were estab- lished) was $31,051; in 2018, it was $72,860.84. When a volunteer is injured in the line of duty, it also takes them away from their paid employment. While the maximum benefit a permanently 100% disabled volun- teer firefighter or ambulance worker can receive is $600 per week, the maximum benefit rate for a temporary total, temporary partial and for permanent partial loss of earning capacity greater than 75% has been limited to $400 per week since July 1, 1992, with even lower rates for lesser degrees of loss of earning capacity ($268 for 50%-74%, $30 for 25%-49%, and no benefit for less than 25%). Volunteer fire and ambulance departments are experiencing declining recruitment state-wide. One of the reasons is because these benefit rates are so low. New volunteers are not willing to risk their health and safety - and ability to earn a living - for a benefit rate that will leave them and their families in poverty. Volunteer fire and ambulance companies are resorting to. purchasing costly supplemental disability coverage for their volunteers should they become disabled. Increasing the benefit rates to a level that reflects the current New York State Average Weekly Wage will encourage new recruitment and dimin- ish the practice of purchasing supplemental coverage.   PRIOR LEGISLATIVE HISTORY: 2020: A11078 Referred to Local Governments   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A03347 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3347
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2021
                                       ___________
 
        Introduced  by  M.  of  A. STECK -- Multi-Sponsored by -- M. of A. FAHY,
          SANTABARBARA -- read once and  referred  to  the  Committee  on  Local
          Governments
 
        AN  ACT  to amend the volunteer firefighters' benefit law and the volun-
          teer ambulance workers' benefit law, in relation to increasing certain
          disability payments and specifying payments for volunteer firefighters
          and ambulance workers injured in the line of duty  on  or  after  July
          first, two thousand twenty-one
 
          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] nine hundred dollars for each week during the continuance thereof.
     7  Permanent total disability, within the meaning of  this  section,  shall
     8  exist only if the earning capacity of the volunteer firefighter has been
     9  lost  permanently  and  totally as the result of the injury. The loss of
    10  both hands, or both arms, or both feet, or both legs, or both  eyes,  or
    11  any  two  thereof,  shall,  in  the  absence  of conclusive proof to the
    12  contrary, constitute permanent total disability, but in all other  cases
    13  permanent  total  disability  shall be determined in accordance with the
    14  facts. Notwithstanding any other provisions of this chapter, an  injured
    15  volunteer  firefighter  disabled due to the loss or total loss of use of
    16  both eyes, or both hands, or both arms, or both feet, or both  legs,  or
    17  any  two  thereof shall not suffer any diminution of such weekly benefit
    18  by engaging in business or employment provided his or her  weekly  earn-
    19  ings or wages, when combined with his or her weekly benefit shall not be
    20  in excess of eight hundred dollars; and further provided that the appli-
    21  cation  of  this section shall not result in reduction of benefits which
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04394-01-1

        A. 3347                             2
 
     1  an injured volunteer firefighter who is disabled  due  to  the  loss  or
     2  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 924 of the laws of 1990, 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] two thousand
    41  twenty-one, said firefighter shall receive [four] nine  hundred  dollars
    42  per  week  during  the  continuance thereof. Temporary total disability,
    43  within the meaning of this section, shall  exist  only  if  the  earning
    44  capacity  of  the  volunteer  firefighter  has been lost temporarily and
    45  totally as the result of the injury. In case of temporary total disabil-
    46  ity and permanent partial disability both resulting from the same  inju-
    47  ry, if the temporary total disability continues for a longer period than
    48  the  number  of weeks set forth in the following schedule, the period of
    49  temporary total disability in excess of such number of  weeks  shall  be
    50  added  to the period provided in section ten of this article: arm, thir-
    51  ty-two weeks; leg, forty weeks; hand, thirty-two weeks; foot, thirty-two
    52  weeks; ear, twenty-five weeks; eye,  twenty  weeks;  thumb,  twenty-four
    53  weeks;  first  finger,  eighteen  weeks; great toe, twelve weeks; second
    54  finger, twelve weeks; third finger, eight weeks;  fourth  finger,  eight
    55  weeks;  toe  other than great toe, eight weeks. In any case resulting in
    56  loss or partial loss of use of arm, leg, hand, foot,  ear,  eye,  thumb,

        A. 3347                             3
 
     1  finger  or  toe,  where  the  temporary total disability does not extend
     2  beyond the periods above mentioned for such injury,  benefits  shall  be
     3  limited to the schedule contained in section ten of this article.
     4    §  3.  The  opening  paragraph  and  paragraph (g) of subdivision 1 of
     5  section 10 of the volunteer firefighters' benefit law, the opening para-
     6  graph as amended by chapter 21 of the laws of  1991,  paragraph  (g)  as
     7  amended by chapter 584 of the laws of 1974, the opening subparagraph and
     8  subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of
     9  2018  and  subparagraphs  1 and 2 of paragraph (g) as amended by chapter
    10  924 of the laws of 1990, are amended to read as follows:
    11    In the case of disability partial in character, but permanent in qual-
    12  ity, the volunteer firefighter shall be  paid  ninety-five  dollars  for
    13  each week for the period specified in this subdivision, provided, howev-
    14  er,  that  when the volunteer firefighter is injured in the line of duty
    15  on or after January first, nineteen hundred seventy-eight to June  thir-
    16  tieth,  nineteen hundred eighty-three, such payment shall be one hundred
    17  five dollars for each week, and further provided that when  a  volunteer
    18  firefighter is injured in the line of duty on or after July first, nine-
    19  teen  hundred  eighty-three  to  and  including June thirtieth, nineteen
    20  hundred eighty-four, such payments  shall  be  one  hundred  twenty-five
    21  dollars for each week and provided further that when the volunteer fire-
    22  fighter  is injured in the line of duty on or after July first, nineteen
    23  hundred eighty-four to and including June  thirtieth,  nineteen  hundred
    24  eighty-five  such  payments shall be one hundred thirty-five dollars for
    25  each week and provided further that when the  volunteer  firefighter  is
    26  injured  in  the  line  of duty on or after July first, nineteen hundred
    27  eighty-five to and including June  thirtieth,  nineteen  hundred  ninety
    28  such  payments  shall  be  one  hundred fifty dollars for each week, and
    29  provided further that when the volunteer firefighter is injured  in  the
    30  line  of  duty  on  or  after July first, nineteen hundred ninety to and
    31  including June thirtieth,  nineteen  hundred  ninety-one  such  payments
    32  shall  be two hundred eighty dollars for each week, and provided further
    33  that when the volunteer firefighter is injured in the line of duty on or
    34  after July first, nineteen hundred  ninety-one  to  and  including  June
    35  thirtieth,  nineteen  hundred  ninety-two  such  payments shall be three
    36  hundred fifty dollars for each week, and provided further that when  the
    37  volunteer  firefighter  is  injured in the line of duty on or after July
    38  first, nineteen hundred ninety-two such payments shall be  four  hundred
    39  dollars  for  each  week,  and  provided further that when the volunteer
    40  firefighter is injured in the line of duty on or after July  first,  two
    41  thousand twenty-one such payments shall be nine hundred dollars for each
    42  week as follows:
    43    (g)  Other  cases.  In all other cases of permanent partial disability
    44  the volunteer firefighter shall be paid for each week during the contin-
    45  uance thereof, as follows:
    46    1. If the percentage of loss of earning capacity is  seventy-five  per
    47  centum, or greater, he or she shall be paid ninety-five dollars for each
    48  week,  provided, however, that when the volunteer firefighter is injured
    49  in the line of duty on or after January first, nineteen  hundred  seven-
    50  ty-eight to and including June thirtieth, nineteen hundred eighty-three,
    51  such  payment  shall be one hundred five dollars for each week provided,
    52  however, that when the volunteer firefighter is injured in the  line  of
    53  duty  on  or  after  July  first,  nineteen  hundred eighty-three to and
    54  including June thirtieth, nineteen  hundred  eighty-four,  such  payment
    55  shall  be one hundred twenty-five dollars for each week provided, howev-
    56  er, that when the volunteer firefighter is injured in the line  of  duty

        A. 3347                             4

     1  on  or  after  July first, nineteen hundred eighty-four to and including
     2  June thirtieth, nineteen hundred eighty-five such payment shall  be  one
     3  hundred  thirty-five dollars for each week, provided, however, that when
     4  the  volunteer  firefighter  is  injured in the line of duty on or after
     5  July first, nineteen hundred eighty-five to and including  June  thirti-
     6  eth,  nineteen  hundred  ninety  such payment shall be one hundred fifty
     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 ninety to and including June thirtieth, nineteen  hundred  nine-
    10  ty-one  such  payment shall be two hundred eighty dollars for each week,
    11  and provided further that when the volunteer firefighter is  injured  in
    12  the  line of duty on or after July first, nineteen hundred ninety-one to
    13  and including June thirtieth, nineteen hundred ninety-two  such  payment
    14  shall be three hundred fifty dollars for each week, and provided further
    15  that when the volunteer firefighter is injured in the line of duty on or
    16  after July first, nineteen hundred ninety-two such payment shall be four
    17  hundred dollars for each week, and provided further that when the volun-
    18  teer  firefighter is injured in the line of duty on or after July first,
    19  two thousand twenty-one such payment shall be nine hundred  dollars  for
    20  each week;
    21    2.  If the percentage of loss of earning capacity is fifty per centum,
    22  or greater, but less than seventy-five per centum, he or  she  shall  be
    23  paid sixty-three dollars and thirty-three cents for each week, provided,
    24  however,  that  when the volunteer firefighter is injured in the line of
    25  duty on or after January first, nineteen hundred  seventy-eight  to  and
    26  including  June  thirtieth,  nineteen hundred eighty-three, such payment
    27  shall be seventy dollars for each week, provided, however, that when the
    28  volunteer firefighter is injured in the line of duty on  or  after  July
    29  first,  nineteen  hundred  eighty-three to and including June thirtieth,
    30  nineteen hundred eighty-four such payment shall be eighty-three  dollars
    31  and  thirty-three  cents for each week, provided, however, that when the
    32  volunteer firefighter is injured in the line of duty on  or  after  July
    33  first,  nineteen  hundred  eighty-four, to and including June thirtieth,
    34  nineteen hundred eighty-five, such payment shall be ninety  dollars  for
    35  each  week,  provided,  however,  that when the volunteer firefighter is
    36  injured in the line of duty on or after  July  first,  nineteen  hundred
    37  eighty-five  to  and  including  June thirtieth, nineteen hundred ninety
    38  such payment shall be one  hundred  dollars  for  each  week,  provided,
    39  however,  that  when the volunteer firefighter is injured in the line of
    40  duty on or after July first, nineteen hundred ninety  to  and  including
    41  June  thirtieth,  nineteen  hundred ninety-one such payment shall be one
    42  hundred  eighty-six  dollars  and  seventy-six  cents  for  each   week,
    43  provided, however, that when the volunteer firefighter is injured in the
    44  line  of duty on or after July first, nineteen hundred ninety-one to and
    45  including June thirtieth, nineteen hundred ninety-two such payment shall
    46  be two hundred thirty-four  dollars  and  fifty  cents  for  each  week,
    47  provided, however, that when the volunteer firefighter is injured in the
    48  line  of  duty  on or after July first, nineteen hundred ninety-two such
    49  payment  shall  be  two  hundred  sixty-eight  dollars  for  each  week,
    50  provided, however, that when the volunteer firefighter is injured in the
    51  line  of  duty  on  or  after  July  first, two thousand twenty-one such
    52  payment shall be five hundred thirty-six dollars for each week;
    53    3. If the percentage of loss of earning capacity  is  twenty-five  per
    54  centum,  or  greater,  but  less than fifty per centum, he shall be paid
    55  [thirty] two hundred dollars for each week;

        A. 3347                             5
 
     1    4. If the percentage of loss of earning capacity is less than  twenty-
     2  five  per  centum,  he  or  she shall [not] be paid [any weekly benefit.
     3  Permanent partial disability, within  the  meaning  of  this  paragraph,
     4  shall  exist  only  if the earning capacity of the volunteer firefighter
     5  has been permanently and partially lost as the result of the injury. The
     6  workers' compensation board shall determine the degree of such disabili-
     7  ty  and  such board may reconsider such degree on its own motion or upon
     8  application of any party in interest] fifty dollars for each week.
     9    § 4. Section 8 of the volunteer ambulance  workers'  benefit  law,  as
    10  amended  by  chapter  401  of  the  laws  of 2016, is amended to read as
    11  follows:
    12    § 8. Permanent total disability benefits. In the case of  total  disa-
    13  bility  adjudged to be permanent the volunteer ambulance worker shall be
    14  paid [six] nine hundred dollars for each  week  during  the  continuance
    15  thereof. Permanent total disability, within the meaning of this section,
    16  shall  exist  only  if  the  earning capacity of the volunteer ambulance
    17  worker has been lost permanently and totally as the result of the  inju-
    18  ry. The loss of both hands, or both arms, or both feet, or both legs, or
    19  both eyes, or any two thereof, shall, in the absence of conclusive proof
    20  to the contrary, constitute permanent total disability, but in all other
    21  cases  permanent total disability shall be determined in accordance with
    22  the facts. Notwithstanding any other  provisions  of  this  chapter,  an
    23  injured  volunteer  ambulance  worker  disabled due to the loss or total
    24  loss of use of both eyes, or both hands, or both arms, or both feet,  or
    25  both  legs,  or  any two thereof shall not suffer any diminution of such
    26  weekly benefit by engaging in business or employment provided his or her
    27  weekly earnings or wages, when combined with his  weekly  benefit  shall
    28  not be in excess of eight hundred dollars; and further provided that the
    29  application  of  this  section shall not result in reduction of benefits
    30  which an injured volunteer ambulance worker who is disabled due  to  the
    31  loss  or total loss of use of both eyes, or both hands, or both arms, or
    32  both feet, or both legs, or any two thereof would otherwise be  entitled
    33  to under any other provisions of this article.
    34    §  5.  Section  9  of the volunteer ambulance workers' benefit law, as
    35  amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
    36  follows:
    37    § 9. Temporary  total  disability  benefits.  In the case of temporary
    38  total disability the volunteer ambulance  worker  shall  be  paid  three
    39  hundred  dollars for each week during the continuance thereof; provided,
    40  however, that when the volunteer ambulance worker is injured in the line
    41  of duty on or after the effective date of this chapter to  June  thirti-
    42  eth,  nineteen hundred ninety; further provided, that when the volunteer
    43  ambulance worker is injured in the line of duty on or after July  first,
    44  nineteen  hundred ninety to June thirtieth, nineteen hundred ninety-one,
    45  said ambulance worker shall receive three hundred forty dollars per week
    46  during the continuance thereof, and further provided, that when a volun-
    47  teer ambulance worker is injured in the line of duty on  or  after  July
    48  first,  nineteen  hundred ninety-one to June thirtieth, nineteen hundred
    49  ninety-two, said ambulance worker  shall  receive  three  hundred  fifty
    50  dollars  per  week during the continuance thereof; provided further that
    51  when a volunteer ambulance worker is injured in the line of duty  on  or
    52  after  July  first,  nineteen  hundred  ninety-two such ambulance worker
    53  shall be paid four hundred dollars for each week during the  continuance
    54  thereof;  provided  further  that  when  a volunteer ambulance worker is
    55  injured in the line of duty on or after July first, two  thousand  twen-
    56  ty-one such ambulance worker shall be paid nine hundred dollars for each

        A. 3347                             6
 
     1  week  during the continuance thereof. Temporary total disability, within
     2  the meaning of this section, shall exist only if the earning capacity of
     3  the volunteer ambulance worker has been lost temporarily and totally  as
     4  the  result  of  the  injury.  In case of temporary total disability and
     5  permanent partial disability both resulting from the same injury, if the
     6  temporary total disability continues for a longer period than the number
     7  of weeks set forth in the following schedule, the  period  of  temporary
     8  total disability in excess of such number of weeks shall be added to the
     9  period  provided  in section ten of this chapter: arm, thirty-two weeks;
    10  leg, forty weeks; hand, thirty-two weeks; foot, thirty-two  weeks;  ear,
    11  twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks; first
    12  finger, eighteen weeks; great toe, twelve weeks; second  finger,  twelve
    13  weeks;  third finger, eight weeks, fourth finger, eight weeks; toe other
    14  than great toe, eight weeks. In any case resulting in  loss  or  partial
    15  loss  of  use  of  arm, leg, hand, foot, ear, eye, thumb, finger or toe,
    16  where the temporary total disability does not extend beyond the  periods
    17  above mentioned for such injury, benefits shall be limited to the sched-
    18  ule contained in section ten of this chapter.
    19    § 6. The opening paragraph and paragraph g of subdivision 1 of section
    20  10  of  the  volunteer ambulance workers' benefit law, the opening para-
    21  graph as amended by chapter 21 of the  laws  of  1991,  paragraph  g  as
    22  amended  by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of
    23  paragraph g as amended by chapter 924 of the laws of 1990,  are  amended
    24  to read as follows:
    25    In the case of disability partial in character, but permanent in qual-
    26  ity,  the  volunteer ambulance worker, injured in the line of duty shall
    27  be paid one hundred fifty dollars for each week for the period specified
    28  in this subdivision, provided, however, that when  the  volunteer  ambu-
    29  lance  worker  is  injured in the line of duty on or after the effective
    30  date of this chapter to and including June thirtieth,  nineteen  hundred
    31  ninety, and provided further that when the volunteer ambulance worker is
    32  injured  in  the  line  of duty on or after July first, nineteen hundred
    33  ninety to and including June thirtieth, nineteen hundred ninety-one such
    34  payments shall be two hundred eighty dollars for each week, and provided
    35  further that when the volunteer ambulance worker is injured in the  line
    36  of  duty  on  or  after  July  first, nineteen hundred ninety-one to and
    37  including June thirtieth,  nineteen  hundred  ninety-two  such  payments
    38  shall be three hundred fifty dollars for each week; and provided further
    39  that  when the volunteer ambulance worker is injured in the line of duty
    40  on or after July first, nineteen hundred ninety-two such payments  shall
    41  be  four  hundred  dollars for each week; and provided further that when
    42  the volunteer ambulance worker is injured in the  line  of  duty  on  or
    43  after  July  first,  two thousand twenty-one such payments shall be nine
    44  hundred dollars for each week as follows:
    45    g. Other cases. In all other cases of permanent partial disability the
    46  volunteer ambulance worker shall be  paid  for  each  week,  during  the
    47  continuance thereof, as follows:
    48    (1)  If the percentage of loss of earning capacity is seventy-five per
    49  centum, or greater, he or she shall be paid one  hundred  fifty  dollars
    50  for each week, provided, however, that the volunteer ambulance worker is
    51  injured in the line of duty on or after the effective date of this chap-
    52  ter  to and including June thirtieth, nineteen hundred ninety, provided,
    53  however, that when the volunteer ambulance worker is injured in the line
    54  of duty on or after July first, nineteen hundred ninety to and including
    55  June thirtieth, nineteen hundred ninety-one such payment  shall  be  two
    56  hundred eighty dollars for each week, and provided further that when the

        A. 3347                             7
 
     1  volunteer  ambulance  worker  is injured in the line of duty on or after
     2  July first, nineteen hundred ninety-one to and including June thirtieth,
     3  nineteen hundred ninety-two such payment shall be  three  hundred  fifty
     4  dollars  for  each  week;  and  provided further that when the volunteer
     5  ambulance worker is injured in the line of duty on or after July  first,
     6  nineteen  hundred ninety-two such payments shall be four hundred dollars
     7  for each week; and provided further that when  the  volunteer  ambulance
     8  worker  is injured in the line of duty on or after July first, two thou-
     9  sand twenty-one, such payments shall be nine hundred  dollars  for  each
    10  week.
    11    (2) If the percentage of loss of earning capacity is fifty per centum,
    12  or  greater,  but  less than seventy-five per centum, he or she shall be
    13  paid one hundred dollars for each  week,  provided,  however,  that  the
    14  volunteer  ambulance  worker  is injured in the line of duty on or after
    15  the effective date of this chapter  to  and  including  June  thirtieth,
    16  nineteen  hundred  ninety,  provided,  however,  that when the volunteer
    17  ambulance worker is injured in the line of duty on or after July  first,
    18  nineteen  hundred  ninety  to  and  including  June  thirtieth, nineteen
    19  hundred ninety-one, such payment shall be one hundred eighty-six dollars
    20  and seventy-six cents for each week, provided, however,  that  when  the
    21  volunteer  ambulance  worker  is injured in the line of duty on or after
    22  July first, nineteen hundred ninety-one to and including June thirtieth,
    23  nineteen hundred ninety-two, such payment shall be two  hundred  thirty-
    24  four dollars and fifty cents for each week; provided, however, that when
    25  the  volunteer  ambulance  worker  is  injured in the line of duty on or
    26  after July first, nineteen hundred ninety-two, such payment shall be two
    27  hundred sixty-eight dollars for each week; provided, however, that  when
    28  the  volunteer  ambulance  worker  is  injured in the line of duty on or
    29  after July first, two thousand twenty-one, such payment  shall  be  five
    30  hundred thirty-six dollars for each week.
    31    (3)  If  the  percentage  of  loss  of earning capacity is twenty-five
    32  percentum, or greater, but less than fifty per centum, he or  she  shall
    33  be paid [thirty] two hundred dollars for each week.
    34    (4)  If  the percentage of loss of earning capacity is less than twen-
    35  ty-five per centum, he or she shall [not] be paid [any  weekly  benefit]
    36  fifty dollars per week.
    37    Permanent  partial  disability,  within the meaning of this paragraph,
    38  shall exist only if the earning  capacity  of  the  volunteer  ambulance
    39  worker  has  been  permanently  and  partially lost as the result of the
    40  injury. The workers' compensation board shall determine  the  degree  of
    41  such  disability  and  such  board may reconsider such degree on its own
    42  motion or upon application of any party in interest.
    43    § 7. This act shall take effect immediately.
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