STATE OF NEW YORK
________________________________________________________________________
10300--A
IN ASSEMBLY
April 15, 2020
___________
Introduced by M. of A. McMAHON -- read once and referred to the Commit-
tee on Local Governments -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to 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 weekly
19 earnings or wages, when combined with his or her weekly benefit shall
20 not be in excess of [eight] sixteen hundred dollars; and further
21 provided that the application of this section shall not result in
22 reduction of benefits which an injured volunteer firefighter who is
23 disabled due to the loss or total loss of use of both eyes, or both
24 hands, or both arms, or both feet, or both legs, or any two thereof
25 would otherwise be entitled to under any other provisions of this arti-
26 cle.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15945-03-0
A. 10300--A 2
1 § 2. Section 9 of the volunteer firefighters' benefit law, as amended
2 by chapter 924 of the laws of 1990, is amended to read as follows:
3 § 9. Temporary total disability benefits. In the case of temporary
4 total disability the volunteer firefighter shall be paid one hundred
5 twenty-five dollars for each week during the continuance thereof;
6 provided, however, that when the volunteer firefighter is injured in the
7 line of duty on or after July first, nineteen hundred seventy-eight to
8 December thirty-first, nineteen hundred seventy-eight, said firefighter
9 shall receive one hundred eighty dollars per week during the continuance
10 thereof; and further provided, that when the volunteer firefighter is
11 injured in the line of duty on or after January first, nineteen hundred
12 seventy-nine to June thirtieth, nineteen hundred eighty-three, said
13 firefighter shall receive two hundred fifteen dollars per week during
14 the continuance thereof; and further provided, that when the volunteer
15 firefighter is injured in the line of duty on or after July first, nine-
16 teen hundred eighty-three to June thirtieth, nineteen hundred eighty-
17 four, said firefighter shall receive two hundred fifty-five dollars per
18 week during the continuance thereof; and further provided, that when the
19 volunteer firefighter is injured in the line of duty on or after July
20 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred
21 eighty-five, said firefighter shall receive two hundred seventy-five
22 dollars per week during the continuance thereof; and further provided,
23 that when the volunteer firefighter is injured in the line of duty on or
24 after July first, nineteen hundred eighty-five to June thirtieth, nine-
25 teen hundred ninety, said firefighter shall receive three hundred
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 ninety to June thirtieth, nineteen
29 hundred ninety-one, said firefighter shall receive three hundred forty
30 dollars per week during the continuance thereof; and further provided,
31 that when a volunteer firefighter is injured in the line of duty on or
32 after July first, nineteen hundred ninety-one to June thirtieth, nine-
33 teen hundred ninety-two, said firefighter shall receive three hundred
34 fifty dollars per week during the continuance thereof; and further
35 provided, that when a volunteer firefighter is injured in the line of
36 duty on or after July first, nineteen hundred ninety-two, said fire-
37 fighter shall receive four hundred dollars per week during the contin-
38 uance thereof, provided, however, that when the volunteer firefighter
39 is injured in the line of duty on or after March first, two thou-
40 sand twenty such payment shall be eight hundred dollars for each week
41 during the continuance thereof. Temporary total disability, within the
42 meaning of this section, shall exist only if the earning capacity of the
43 volunteer firefighter has been lost temporarily and totally as the
44 result of the injury. In case of temporary total disability and perma-
45 nent partial disability both resulting from the same injury, if the
46 temporary total disability continues for a longer period than the number
47 of weeks set forth in the following schedule, the period of temporary
48 total disability in excess of such number of weeks shall be added to the
49 period provided in section ten of this article: arm, thirty-two weeks;
50 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear,
51 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
52 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
53 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other
54 than great toe, eight weeks. In any case resulting in loss or partial
55 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
56 where the temporary total disability does not extend beyond the periods
A. 10300--A 3
1 above mentioned for such injury, benefits shall be limited to the sched-
2 ule contained in section ten of this article.
3 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi-
4 sion 1 as amended by chapter 175 of the laws of 1962, the opening para-
5 graph of subdivision 1 as amended by chapter 21 of the laws of 1991,
6 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of
7 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of
8 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of
9 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the
10 laws of 1974, the opening subparagraph and subparagraph 4 of paragraph
11 (g) of subdivision 1 and subdivision 3 as amended by chapter 476 of the
12 laws of 2018, is amended to read as follows:
13 § 10. Permanent partial disability benefits. 1. In the case of disa-
14 bility partial in character, but permanent in quality, the volunteer
15 firefighter shall be paid ninety-five dollars for each week for the
16 period specified in this subdivision, provided, however, that when the
17 volunteer firefighter is injured in the line of duty on or after January
18 first, nineteen hundred seventy-eight to June thirtieth, nineteen
19 hundred eighty-three, such payment shall be one hundred five dollars for
20 each week, and further provided that when a volunteer firefighter is
21 injured in the line of duty on or after July first, nineteen hundred
22 eighty-three to and including June thirtieth, nineteen hundred eighty-
23 four, such payments shall be one hundred twenty-five dollars for each
24 week and provided further that when the volunteer firefighter is injured
25 in the line of duty on or after July first, nineteen hundred eighty-four
26 to and including June thirtieth, nineteen hundred eighty-five such
27 payments shall be one hundred thirty-five dollars for each week and
28 provided further that when the volunteer firefighter is injured in the
29 line of duty on or after July first, nineteen hundred eighty-five to and
30 including June thirtieth, nineteen hundred ninety such payments shall be
31 one hundred fifty dollars for each week, and provided further that when
32 the volunteer firefighter is injured in the line of duty on or after
33 July first, nineteen hundred ninety to and including June thirtieth,
34 nineteen hundred ninety-one such payments shall be two hundred eighty
35 dollars for each week, and provided further that when the volunteer
36 firefighter is injured in the line of duty on or after July first, nine-
37 teen hundred ninety-one to and including June thirtieth, nineteen
38 hundred ninety-two such payments shall be three hundred fifty dollars
39 for each week, and provided further that when the volunteer firefighter
40 is injured in the line of duty on or after July first, nineteen hundred
41 ninety-two such payments shall be four hundred dollars for each week,
42 provided, however, that when the volunteer firefighter is injured in the
43 line of duty on or after March first, two thousand twenty such payment
44 shall be eight hundred dollars for each week as follows:
45 (a) Loss of member.
46 Member lost ............................................ Number of weeks
47 Arm ................................................................ 312
48 Leg ................................................................ 288
49 Hand ............................................................... 244
50 Foot ............................................................... 205
51 Eye ................................................................ 160
52 Thumb ............................................................... 75
53 First finger ........................................................ 46
54 Great toe ........................................................... 38
55 Second finger ....................................................... 30
A. 10300--A 4
1 Third finger ........................................................ 25
2 Toe other than great toe ............................................ 16
3 Fourth finger ....................................................... 15
4 If more than one phalange of a digit shall be lost, the period shall be
5 the same as for the loss of the entire digit. If only the first phalange
6 shall be lost, the period shall be one-half the period for loss of the
7 entire digit. The period for loss or loss of use of two or more digits,
8 or one or more phalanges of two or more digits, of a hand or foot, may
9 be proportioned to the period for the loss of use of the hand or foot
10 occasioned thereby, but shall not exceed the period for the loss of a
11 hand or foot. If an arm or leg shall be amputated at or above the wrist
12 or ankle, the period for such loss shall be in proportion to the period
13 for the loss of the arm or leg. In the case of loss of binocular vision
14 or of eighty per centum or more of the vision of an eye, the period
15 shall be the same as for the loss of the eye.
16 (b) Loss of hearing. In the case of the complete loss of the hearing
17 of one ear, sixty weeks; for the loss of hearing of both ears, one
18 hundred fifty weeks.
19 (c) Total loss of use. In the case of permanent total loss of use of a
20 member, the period shall be the same as for the loss of the member.
21 (d) Partial loss or partial loss of use. Except as above provided in
22 this subdivision, in the case of permanent partial loss or loss of use
23 of a member, the period shall be for the proportionate loss or loss of
24 use of the member. Compensation for permanent partial loss of use of an
25 eye shall be awarded on the basis of uncorrected loss of vision or
26 corrected loss of vision resulting from an injury whichever is the
27 greater.
28 (e) Disfigurement. In the case of serious facial or head disfigure-
29 ment, including a disfigurement continuous in length which is partly in
30 the facial area and also extends into the neck region as described in
31 this paragraph, the volunteer firefighter shall be paid in a lump sum a
32 proper and equitable amount, which shall be determined by the workers'
33 compensation board. If the earning capacity of the volunteer firefighter
34 shall have been impaired, or may in the future be impaired, by any seri-
35 ous disfigurement in the region above the sterno clavicular artic-
36 ulations anterior to and including the region of the sterno cleido
37 mastoid muscles on either side, the volunteer firefighter shall be paid
38 in a lump sum a proper and equitable amount which shall be determined by
39 such board. Two or more serious disfigurements, not continuous in
40 length, resulting from the same injury, if partially in the facial area
41 and partially in such neck region, shall be deemed to be a facial
42 disfigurement. An award, or the aggregate of the awards, to a volunteer
43 firefighter under this paragraph shall not exceed [twenty] forty thou-
44 sand dollars.
45 (f) Total or partial loss or loss of use of more than one member. In
46 any case in which there shall be a loss or loss of use of more than one
47 member or parts of more than one member set forth above in paragraphs a
48 to e, both inclusive, of this subdivision, but not amounting to perma-
49 nent total disability, the periods for loss or loss of use of each such
50 member or part thereof shall run consecutively.
51 (g) Other cases. In all other cases of permanent partial disability
52 the volunteer firefighter shall be paid for each week during the contin-
53 uance thereof, as follows:
54 1. If the percentage of loss of earning capacity is seventy-five per
55 centum, or greater, he or she shall be paid ninety-five dollars for each
A. 10300--A 5
1 week, provided, however, that when the volunteer firefighter is injured
2 in the line of duty on or after January first, nineteen hundred seven-
3 ty-eight to and including June thirtieth, nineteen hundred eighty-three,
4 such payment shall be one hundred five dollars for each week provided,
5 however, that when the volunteer firefighter is injured in the line of
6 duty on or after July first, nineteen hundred eighty-three to and
7 including June thirtieth, nineteen hundred eighty-four, such payment
8 shall be one hundred twenty-five dollars for each week provided, howev-
9 er, that when the volunteer firefighter is injured in the line of duty
10 on or after July first, nineteen hundred eighty-four to and including
11 June thirtieth, nineteen hundred eighty-five such payment shall be one
12 hundred thirty-five dollars for each week, provided, however, that when
13 the volunteer firefighter is injured in the line of duty on or after
14 July first, nineteen hundred eighty-five to and including June thirti-
15 eth, nineteen hundred ninety such payment shall be one hundred fifty
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 ninety to and including June thirtieth, nineteen hundred nine-
19 ty-one such payment shall be two hundred eighty dollars for each week,
20 and provided further that when the volunteer firefighter is injured in
21 the line of duty on or after July first, nineteen hundred ninety-one to
22 and including June thirtieth, nineteen hundred ninety-two such payment
23 shall be three hundred fifty dollars for each week, and provided further
24 that when the volunteer firefighter is injured in the line of duty on or
25 after July first, nineteen hundred ninety-two such payment shall be four
26 hundred dollars for each week; provided, however, that when the volun-
27 teer firefighter is injured in the line of duty on or after March first,
28 two thousand twenty such payment shall be eight hundred dollars for each
29 week;
30 2. If the percentage of loss of earning capacity is fifty per centum,
31 or greater, but less than seventy-five per centum, he or she shall be
32 paid sixty-three dollars and thirty-three cents for each week, provided,
33 however, that when the volunteer firefighter is injured in the line of
34 duty on or after January first, nineteen hundred seventy-eight to and
35 including June thirtieth, nineteen hundred eighty-three, such payment
36 shall be seventy dollars for each week, provided, however, that when the
37 volunteer firefighter is injured in the line of duty on or after July
38 first, nineteen hundred eighty-three to and including June thirtieth,
39 nineteen hundred eighty-four such payment shall be eighty-three dollars
40 and thirty-three cents for each week, provided, however, that when the
41 volunteer firefighter is injured in the line of duty on or after July
42 first, nineteen hundred eighty-four, to and including June thirtieth,
43 nineteen hundred eighty-five, such payment shall be ninety dollars for
44 each week, provided, however, that when the volunteer firefighter is
45 injured in the line of duty on or after July first, nineteen hundred
46 eighty-five to and including June thirtieth, nineteen hundred ninety
47 such payment shall be one hundred dollars for each week, provided,
48 however, that when the volunteer firefighter is injured in the line of
49 duty on or after July first, nineteen hundred ninety to and including
50 June thirtieth, nineteen hundred ninety-one such payment shall be one
51 hundred eighty-six dollars and seventy-six cents for each week,
52 provided, however, that when the volunteer firefighter is injured in the
53 line of duty on or after July first, nineteen hundred ninety-one to and
54 including June thirtieth, nineteen hundred ninety-two such payment shall
55 be two hundred thirty-four dollars and fifty cents for each week,
56 provided, however, that when the volunteer firefighter is injured in the
A. 10300--A 6
1 line of duty on or after July first, nineteen hundred ninety-two such
2 payment shall be two hundred sixty-eight dollars for each week,
3 provided, however, that when the volunteer firefighter is injured in the
4 line of duty on or after March first, two thousand twenty, such payment
5 shall be five hundred thirty-six dollars for each week;
6 3. If the percentage of loss of earning capacity is twenty-five per
7 centum, or greater, but less than fifty per centum, he shall be paid
8 [thirty] sixty dollars for each week;
9 4. If the percentage of loss of earning capacity is less than twenty-
10 five per centum, he or she shall not be paid any weekly benefit. Perma-
11 nent partial disability, within the meaning of this paragraph, shall
12 exist only if the earning capacity of the volunteer firefighter has been
13 permanently and partially lost as the result of the injury. The workers'
14 compensation board shall determine the degree of such disability and
15 such board may reconsider such degree on its own motion or upon applica-
16 tion of any party in interest.
17 2. An award made to a claimant under this section shall in case of
18 death arising from causes other than the injury be payable to and for
19 the benefit of the persons following:
20 (a) If there be a surviving spouse and no child of the deceased under
21 the age of eighteen years, to such spouse.
22 (b) If there be a surviving spouse and surviving child or children of
23 the deceased under the age of eighteen years, one-half shall be payable
24 to the surviving spouse and the other half to the surviving child or
25 children.
26 (c) If there be a surviving child or children of the deceased under
27 the age of eighteen years, but no surviving spouse, then to such child
28 or children.
29 (d) If there be no surviving spouse and no surviving child or children
30 of the deceased under the age of eighteen years, then to such dependent
31 or dependents as defined in section seven of this chapter, as directed
32 by the [workmen's] workers' compensation board; and if there shall be no
33 such dependents, then to the estate of such deceased in an amount not
34 exceeding reasonable funeral expenses as provided in subdivision one of
35 section seven of this chapter, or, if there be no estate, to the person
36 or persons paying the funeral expenses of such deceased in an amount not
37 exceeding reasonable funeral expenses as provided in such subdivision
38 one.
39 3. An award for disability may be made after the death of the volun-
40 teer firefighter.
41 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene-
42 fit law, as amended by chapter 924 of the laws of 1990, is amended to
43 read as follows:
44 1. If the percentage of loss of earning capacity is seventy-five per
45 centum, or greater, he or she shall be paid ninety-five dollars for each
46 week, provided, however, that when the volunteer firefighter is injured
47 in the line of duty on or after January first, nineteen hundred seven-
48 ty-eight to and including June thirtieth, nineteen hundred eighty-three,
49 such payment shall be one hundred five dollars for each week, provided,
50 however, that when the volunteer firefighter is injured in the line of
51 duty on or after July first, nineteen hundred eighty-three to and
52 including June thirtieth, nineteen hundred eighty-four, such payment
53 shall be one hundred twenty-five dollars for each week, provided, howev-
54 er, that when the volunteer firefighter is injured in the line of duty
55 on or after July first, nineteen hundred eighty-four to and including
56 June thirtieth, nineteen hundred eighty-five, such payment shall be one
A. 10300--A 7
1 hundred thirty-five dollars for each week, provided, however, that when
2 the volunteer firefighter is injured in the line of duty on or after
3 July first, nineteen hundred eighty-five to and including June thirti-
4 eth, nineteen hundred ninety such payment shall be one hundred fifty
5 dollars for each week, provided, however, that when the volunteer fire-
6 fighter is injured in the line of duty on or after July first, nineteen
7 hundred ninety to and including June thirtieth, nineteen hundred nine-
8 ty-one such payment shall be two hundred eighty dollars for each week,
9 provided, however, that when the volunteer firefighter is injured in the
10 line of duty on or after July first, nineteen hundred ninety-one to and
11 including June thirtieth, nineteen hundred ninety-two such payment shall
12 be three hundred fifty dollars for each week, provided, however, that
13 when the volunteer firefighter is injured in the line of duty on or
14 after July first, nineteen hundred ninety-two such payment shall be four
15 hundred dollars for each week; provided, however, that when the volun-
16 teer firefighter is injured in the line of duty on or after March first,
17 two thousand twenty such payment shall be eight hundred dollars for
18 each week;
19 § 5. Section 8 of the volunteer ambulance workers' benefit law, as
20 amended by chapter 401 of the laws of 2016, is amended to read as
21 follows:
22 § 8. Permanent total disability benefits. In the case of total disa-
23 bility adjudged to be permanent the volunteer ambulance worker shall be
24 paid [six] twelve hundred dollars for each week during the continuance
25 thereof. Permanent total disability, within the meaning of this section,
26 shall exist only if the earning capacity of the volunteer ambulance
27 worker has been lost permanently and totally as the result of the inju-
28 ry. The loss of both hands, or both arms, or both feet, or both legs, or
29 both eyes, or any two thereof, shall, in the absence of conclusive proof
30 to the contrary, constitute permanent total disability, but in all other
31 cases permanent total disability shall be determined in accordance with
32 the facts. Notwithstanding any other provisions of this chapter, an
33 injured volunteer ambulance worker disabled due to the loss or total
34 loss of use of both eyes, or both hands, or both arms, or both feet, or
35 both legs, or any two thereof shall not suffer any diminution of such
36 weekly benefit by engaging in business or employment provided his or her
37 weekly earnings or wages, when combined with his weekly benefit shall
38 not be in excess of [eight] sixteen hundred dollars; and further
39 provided that the application of this section shall not result in
40 reduction of benefits which an injured volunteer ambulance worker who is
41 disabled due to the loss or total loss of use of both eyes, or both
42 hands, or both arms, or both feet, or both legs, or any two thereof
43 would otherwise be entitled to under any other provisions of this arti-
44 cle.
45 § 6. Section 9 of the volunteer ambulance workers' benefit law, as
46 amended by chapter 924 of the laws of 1990, is amended to read as
47 follows:
48 § 9. Temporary total disability benefits. In the case of temporary
49 total disability the volunteer ambulance worker shall be paid three
50 hundred dollars for each week during the continuance thereof; provided,
51 however, that when the volunteer ambulance worker is injured in the line
52 of duty on or after the effective date of this chapter to June thirti-
53 eth, nineteen hundred ninety; further provided, that when the volunteer
54 ambulance worker is injured in the line of duty on or after July first,
55 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
56 said ambulance worker shall receive three hundred forty dollars per week
A. 10300--A 8
1 during the continuance thereof, and further provided, that when a volun-
2 teer ambulance worker is injured in the line of duty on or after July
3 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
4 ninety-two, said ambulance worker shall receive three hundred fifty
5 dollars per week during the continuance thereof; provided further that
6 when a volunteer ambulance worker is injured in the line of duty on or
7 after July first, nineteen hundred ninety-two such ambulance worker
8 shall be paid four hundred dollars for each week during the continuance
9 thereof; provided further that when a volunteer ambulance worker is
10 injured in the line of duty on or after March first, two thousand twen-
11 ty such ambulance worker shall be paid eight hundred dollars for each
12 week during the continuance thereof. Temporary total disability, within
13 the meaning of this section, shall exist only if the earning capacity of
14 the volunteer ambulance worker has been lost temporarily and totally as
15 the result of the injury. In case of temporary total disability and
16 permanent partial disability both resulting from the same injury, if the
17 temporary total disability continues for a longer period than the number
18 of weeks set forth in the following schedule, the period of temporary
19 total disability in excess of such number of weeks shall be added to the
20 period provided in section ten of this chapter: arm, thirty-two weeks;
21 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear,
22 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
23 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
24 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
25 than great toe, eight weeks. In any case resulting in loss or partial
26 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
27 where the temporary total disability does not extend beyond the periods
28 above mentioned for such injury, benefits shall be limited to the sched-
29 ule contained in section ten of this chapter.
30 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers'
31 benefit law, as amended by chapter 604 of the laws of 1989, the opening
32 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and
33 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the
34 laws of 1990, is amended to read as follows:
35 1. In the case of disability partial in character, but permanent in
36 quality, the volunteer ambulance worker, injured in the line of duty
37 shall be paid one hundred fifty dollars for each week for the period
38 specified in this subdivision, provided, however, that when the volun-
39 teer ambulance worker is injured in the line of duty on or after the
40 effective date of this chapter to and including June thirtieth, nineteen
41 hundred ninety, and provided further that when the volunteer ambulance
42 worker is injured in the line of duty on or after July first, nineteen
43 hundred ninety to and including June thirtieth, nineteen hundred nine-
44 ty-one such payments shall be two hundred eighty dollars for each week,
45 and provided further that when the volunteer ambulance worker is injured
46 in the line of duty on or after July first, nineteen hundred ninety-one
47 to and including June thirtieth, nineteen hundred ninety-two such
48 payments shall be three hundred fifty dollars for each week; and
49 provided further that when the volunteer ambulance worker is injured in
50 the line of duty on or after July first, nineteen hundred ninety-two
51 such payments shall be four hundred dollars for each week; provided
52 further that when a volunteer ambulance worker is injured in the line of
53 duty on or after March first, two thousand twenty such ambulance worker
54 shall be paid eight hundred dollars for each week as follows:
55 a. Loss of member.
A. 10300--A 9
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 of
27 one ear, sixty weeks; for the loss of hearing of both ears, one hundred
28 fifty weeks.
29 c. Total loss of use. In the case of permanent total loss of use of a
30 member, the compensation shall be the same as for the loss of the
31 member.
32 d. Partial loss or partial loss of use. Except as above provided in
33 this subdivision, in the case of permanent partial loss or loss of use
34 of a member, the period shall be for the proportionate loss or loss of
35 use of the member. Compensation for permanent partial loss of use of an
36 eye shall be awarded on the basis of uncorrected loss of vision or
37 corrected loss of vision resulting from an injury which ever is greater.
38 e. Disfigurement. In the case of serious facial or head disfigurement,
39 including a disfigurement continuous in length which is partly in the
40 facial area and also extends into the neck region as described in this
41 paragraph, the volunteer ambulance worker 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 ambulance
44 worker shall have been impaired, or may in the future be impaired, by
45 any serious disfigurement in the region above the sterno clavicular
46 articulations anterior to and including the region of the sterno cleido
47 mastoid muscles on either side, the volunteer ambulance worker shall be
48 paid in a lump sum a proper and equitable amount which shall be deter-
49 mined by such board. Two or more serious disfigurements, not continuous
50 in length, resulting from the same injury, if partially in the facial
51 area 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 ambulance worker under this paragraph shall not exceed [twenty] forty
54 thousand dollars.
55 f. Total or partial loss or loss of use of more than one member. In
56 any case in which there shall be a loss or loss of use of more than one
A. 10300--A 10
1 member or parts of more than one member set forth above in paragraphs a
2 to e, both inclusive, of this subdivision, but not amounting to perma-
3 nent total disability, the periods for loss or loss of use of each such
4 member or part thereof shall run consecutively.
5 g. Other cases. In all other cases of permanent partial disability the
6 volunteer ambulance worker shall be paid for each week, during the
7 continuance thereof, as 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 hundred dollars
23 for each week; provided further that when a volunteer ambulance worker
24 is injured in the line of duty on or after March first, two thousand
25 twenty such ambulance worker shall be paid eight hundred dollars for
26 each week during the continuance thereof.
27 (2) If the percentage of loss of earning capacity is fifty per centum,
28 or greater, but less than seventy-five per centum, he or she shall be
29 paid one hundred dollars for each week, provided, however, that the
30 volunteer ambulance worker is injured in the line of duty on or after
31 the effective date of this chapter to and including June thirtieth,
32 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 one hundred eighty-six dollars
36 and seventy-six cents for each week, provided, however, that when the
37 volunteer ambulance worker is injured in the line of duty on or after
38 July first, nineteen hundred ninety-one to and including June thirtieth,
39 nineteen hundred ninety-two, such payment shall be two hundred thirty-
40 four dollars and fifty cents for each week; provided, however, that when
41 the volunteer ambulance worker is injured in the line of duty on or
42 after July first, nineteen hundred ninety-two, such payment shall be two
43 hundred sixty-eight dollars for each week, provided, however, that when
44 the volunteer ambulance worker is injured in the line of duty on or
45 after March first, two thousand twenty, such payment shall be five
46 hundred thirty-six dollars for each week.
47 (3) If the percentage of loss of earning capacity is twenty-five
48 percentum, or greater, but less than fifty per centum, he or she shall
49 be paid [thirty] sixty dollars for each week.
50 (4) If the percentage of loss of earning capacity is less than twen-
51 ty-five per centum, he or she shall not be paid any weekly benefit.
52 Permanent partial disability, within the meaning of this paragraph,
53 shall exist only if the earning capacity of the volunteer ambulance
54 worker has been permanently and partially lost as the result of the
55 injury. The workers' compensation board shall determine the degree of
A. 10300--A 11
1 such disability and such board may reconsider such degree on its own
2 motion or upon application of any party in interest.
3 § 8. Section 11 of the volunteer ambulance workers' benefit law, as
4 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as
5 amended by chapter 924 of the laws of 1990, is amended to read as
6 follows:
7 § 11. Temporary partial disability benefits. In the case of temporary
8 partial disability the volunteer ambulance worker shall be paid for each
9 week during the continuance thereof, as follows:
10 1. If the percentage of loss of earning capacity is seventy-five per
11 centum, or greater, he or she shall be paid one hundred fifty dollars
12 for each week, provided, however, that the volunteer ambulance worker is
13 injured in the line of duty on or after the effective date of this chap-
14 ter to and including June thirtieth, nineteen hundred ninety, provided,
15 however, that when the volunteer ambulance worker is injured in the line
16 of duty on or after July first, nineteen hundred ninety to and including
17 June thirtieth, nineteen hundred ninety-one, such payment shall be two
18 hundred eighty dollars for each week, provided, however, that when the
19 volunteer ambulance worker is injured in the line of duty on or after
20 July first, nineteen hundred ninety-one to and including June thirtieth,
21 nineteen hundred ninety-two, such payment shall be three hundred fifty
22 dollars for each week; and provided further that when the volunteer
23 ambulance worker is injured in the line of duty on or after July first,
24 nineteen hundred ninety-two such payments shall be four hundred dollars
25 for each week; provided further that when a volunteer ambulance worker
26 is injured in the line of duty on or after March first, two thousand
27 twenty such ambulance worker shall be paid eight hundred dollars for
28 each week.
29 2. If the percentage of loss of earning capacity is fifty per centum,
30 or greater, but less than seventy-five per centum, he or she shall be
31 paid one hundred dollars for each week, provided, however, that the
32 volunteer ambulance worker is injured in the line of duty on or after
33 the effective date of this chapter to and including June thirtieth,
34 nineteen hundred ninety, provided, however, that when the volunteer
35 ambulance worker is injured in the line of duty on or after July first,
36 nineteen hundred ninety to and including June thirtieth, nineteen
37 hundred ninety-one, such payment shall be one hundred eighty-six dollars
38 and seventy-six cents for each week, provided, however, that when the
39 volunteer ambulance worker is injured in the line of duty on or after
40 July first, nineteen hundred ninety-one to and including June thirtieth,
41 nineteen hundred ninety-two, such payment shall be two hundred thirty-
42 four dollars and fifty cents for each week; provided, however, that when
43 the volunteer ambulance worker is injured in the line of duty on or
44 after July first, nineteen hundred ninety-two, such payment shall be two
45 hundred sixty-eight dollars for each week, provided, however, that when
46 the volunteer ambulance worker is injured in the line of duty on or
47 after March first, two thousand twenty, such payment shall be five
48 hundred thirty-six dollars for each week.
49 3. If the percentage of loss of earning capacity is twenty-five per
50 centum, or greater, but less than fifty per centum, he or she shall be
51 paid [thirty] sixty dollars for each week.
52 4. If the percentage of loss of earning capacity is less than twenty-
53 five per centum, he or she shall not be paid any weekly benefit.
54 Temporary partial disability, within the meaning of this section,
55 shall exist only if the earning capacity of the volunteer ambulance
56 worker has been temporarily and partially lost as the result of the
A. 10300--A 12
1 injury. The workers' compensation board shall determine the degree of
2 such disability and such board may reconsider such degree on its own
3 motion or upon application of any party in interest.
4 § 9. This act shall take effect immediately.