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.
STATE OF NEW YORK
________________________________________________________________________
11078
IN ASSEMBLY
October 7, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Steck) --
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
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
22 an injured volunteer firefighter who is disabled due to the loss or
23 total loss of use of both eyes, or both hands, or both arms, or both
24 feet, or both legs, or any two thereof would otherwise be entitled to
25 under any other provisions of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17436-01-0
A. 11078 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] two thousand
37 twenty, said firefighter shall receive [four] nine hundred dollars per
38 week during the continuance thereof. Temporary total disability, within
39 the meaning of this section, shall exist only if the earning capacity of
40 the volunteer firefighter has been lost temporarily and totally as the
41 result of the injury. In case of temporary total disability and perma-
42 nent partial disability both resulting from the same injury, if the
43 temporary total disability continues for a longer period than the number
44 of weeks set forth in the following schedule, the period of temporary
45 total disability in excess of such number of weeks shall be added to the
46 period provided in section ten of this article: arm, thirty-two weeks;
47 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear,
48 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
49 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
50 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other
51 than great toe, eight weeks. In any case resulting in loss or partial
52 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
53 where the temporary total disability does not extend beyond the periods
54 above mentioned for such injury, benefits shall be limited to the sched-
55 ule contained in section ten of this article.
A. 11078 3
1 § 3. The opening paragraph and paragraph (g) of subdivision 1 of
2 section 10 of the volunteer firefighters' benefit law, the opening para-
3 graph as amended by chapter 21 of the laws of 1991, paragraph (g) as
4 amended by chapter 584 of the laws of 1974, the opening subparagraph and
5 subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of
6 2018 and subparagraphs 1 and 2 of paragraph (g) as amended by chapter
7 924 of the laws of 1990, are amended to read as follows:
8 In the case of disability partial in character, but permanent in qual-
9 ity, the volunteer firefighter shall be paid ninety-five dollars for
10 each week for the period specified in this subdivision, provided, howev-
11 er, that when the volunteer firefighter is injured in the line of duty
12 on or after January first, nineteen hundred seventy-eight to June thir-
13 tieth, nineteen hundred eighty-three, such payment shall be one hundred
14 five dollars for each week, and further provided that when a volunteer
15 firefighter is injured in the line of duty on or after July first, nine-
16 teen hundred eighty-three to and including June thirtieth, nineteen
17 hundred eighty-four, such payments shall be one hundred twenty-five
18 dollars for each week and provided further that when the volunteer fire-
19 fighter is injured in the line of duty on or after July first, nineteen
20 hundred eighty-four to and including June thirtieth, nineteen hundred
21 eighty-five such payments shall be one hundred thirty-five dollars for
22 each week and provided further that when the volunteer firefighter is
23 injured in the line of duty on or after July first, nineteen hundred
24 eighty-five to and including June thirtieth, nineteen hundred ninety
25 such payments shall be one hundred fifty dollars for each week, and
26 provided further that when the volunteer firefighter is injured in the
27 line of duty on or after July first, nineteen hundred ninety to and
28 including June thirtieth, nineteen hundred ninety-one such payments
29 shall be two hundred eighty dollars for each week, and provided further
30 that when the volunteer firefighter is injured in the line of duty on or
31 after July first, nineteen hundred ninety-one to and including June
32 thirtieth, nineteen hundred ninety-two such payments shall be three
33 hundred fifty dollars for each week, and provided further that when the
34 volunteer firefighter is injured in the line of duty on or after July
35 first, nineteen hundred ninety-two such payments shall be four hundred
36 dollars for each week, and provided further that when the volunteer
37 firefighter is injured in the line of duty on or after July first, two
38 thousand twenty such payments shall be nine hundred dollars for each
39 week as follows:
40 (g) Other cases. In all other cases of permanent partial disability
41 the volunteer firefighter shall be paid for each week during the contin-
42 uance thereof, as follows:
43 1. If the percentage of loss of earning capacity is seventy-five per
44 centum, or greater, he or she shall be paid ninety-five dollars for each
45 week, provided, however, that when the volunteer firefighter is injured
46 in the line of duty on or after January first, nineteen hundred seven-
47 ty-eight to and including June thirtieth, nineteen hundred eighty-three,
48 such payment shall be one hundred five dollars for each week provided,
49 however, that when the volunteer firefighter is injured in the line of
50 duty on or after July first, nineteen hundred eighty-three to and
51 including June thirtieth, nineteen hundred eighty-four, such payment
52 shall be one hundred twenty-five dollars for each week provided, howev-
53 er, that when the volunteer firefighter is injured in the line of duty
54 on or after July first, nineteen hundred eighty-four to and including
55 June thirtieth, nineteen hundred eighty-five such payment shall be one
56 hundred thirty-five dollars for each week, provided, however, that when
A. 11078 4
1 the volunteer firefighter is injured in the line of duty on or after
2 July first, nineteen hundred eighty-five to and including June thirti-
3 eth, nineteen hundred ninety such payment shall be one hundred fifty
4 dollars for each week, provided, however, that when the volunteer fire-
5 fighter 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 payment shall be two hundred eighty dollars for each week,
8 and provided further that when the volunteer firefighter is injured in
9 the line of duty on or after July first, nineteen hundred ninety-one to
10 and including June thirtieth, nineteen hundred ninety-two such payment
11 shall be three hundred fifty dollars for each week, and provided further
12 that when the volunteer firefighter is injured in the line of duty on or
13 after July first, nineteen hundred ninety-two such payment shall be four
14 hundred dollars for each week, and provided further that when the volun-
15 teer firefighter is injured in the line of duty on or after July first,
16 two thousand twenty such payment shall be nine hundred dollars for each
17 week;
18 2. If the percentage of loss of earning capacity is fifty per centum,
19 or greater, but less than seventy-five per centum, he or she shall be
20 paid sixty-three dollars and thirty-three cents for each week, provided,
21 however, that when the volunteer firefighter is injured in the line of
22 duty on or after January first, nineteen hundred seventy-eight to and
23 including June thirtieth, nineteen hundred eighty-three, such payment
24 shall be seventy dollars for each week, provided, however, that when the
25 volunteer firefighter is injured in the line of duty on or after July
26 first, nineteen hundred eighty-three to and including June thirtieth,
27 nineteen hundred eighty-four such payment shall be eighty-three dollars
28 and thirty-three cents for each week, provided, however, that when the
29 volunteer firefighter is injured in the line of duty on or after July
30 first, nineteen hundred eighty-four, to and including June thirtieth,
31 nineteen hundred eighty-five, such payment shall be ninety dollars for
32 each week, provided, however, that when the volunteer firefighter is
33 injured in the line of duty on or after July first, nineteen hundred
34 eighty-five to and including June thirtieth, nineteen hundred ninety
35 such payment shall be one hundred dollars for each week, provided,
36 however, that when the volunteer firefighter is injured in the line of
37 duty on or after July first, nineteen hundred ninety to and including
38 June thirtieth, nineteen hundred ninety-one such payment shall be one
39 hundred eighty-six dollars and seventy-six cents for each week,
40 provided, however, that when the volunteer firefighter is injured in the
41 line of duty on or after July first, nineteen hundred ninety-one to and
42 including June thirtieth, nineteen hundred ninety-two such payment shall
43 be two hundred thirty-four dollars and fifty cents for each week,
44 provided, however, that when the volunteer firefighter is injured in the
45 line of duty on or after July first, nineteen hundred ninety-two such
46 payment shall be two hundred sixty-eight dollars for each week,
47 provided, however, that when the volunteer firefighter is injured in the
48 line of duty on or after July first, two thousand twenty such payment
49 shall be five hundred thirty-six dollars for each week;
50 3. If the percentage of loss of earning capacity is twenty-five per
51 centum, or greater, but less than fifty per centum, he shall be paid
52 [thirty] two hundred dollars for each week;
53 4. If the percentage of loss of earning capacity is less than twenty-
54 five per centum, he or she shall [not] be paid [any weekly benefit.
55 Permanent partial disability, within the meaning of this paragraph,
56 shall exist only if the earning capacity of the volunteer firefighter
A. 11078 5
1 has been permanently and partially lost as the result of the injury. The
2 workers' compensation board shall determine the degree of such disabili-
3 ty and such board may reconsider such degree on its own motion or upon
4 application of any party in interest] fifty dollars for each week.
5 § 4. Section 8 of the volunteer ambulance workers' benefit law, as
6 amended by chapter 401 of the laws of 2016, is amended to read as
7 follows:
8 § 8. Permanent total disability benefits. In the case of total disa-
9 bility adjudged to be permanent the volunteer ambulance worker shall be
10 paid [six] nine hundred dollars for each week during the continuance
11 thereof. Permanent total disability, within the meaning of this section,
12 shall exist only if the earning capacity of the volunteer ambulance
13 worker has been lost permanently and totally as the result of the inju-
14 ry. The loss of both hands, or both arms, or both feet, or both legs, or
15 both eyes, or any two thereof, shall, in the absence of conclusive proof
16 to the contrary, constitute permanent total disability, but in all other
17 cases permanent total disability shall be determined in accordance with
18 the facts. Notwithstanding any other provisions of this chapter, an
19 injured volunteer ambulance worker disabled due to the loss or total
20 loss of use of both eyes, or both hands, or both arms, or both feet, or
21 both legs, or any two thereof shall not suffer any diminution of such
22 weekly benefit by engaging in business or employment provided his or her
23 weekly earnings or wages, when combined with his weekly benefit shall
24 not be in excess of eight hundred dollars; and further provided that the
25 application of this section shall not result in reduction of benefits
26 which an injured volunteer ambulance worker who is disabled due to the
27 loss or total loss of use of both eyes, or both hands, or both arms, or
28 both feet, or both legs, or any two thereof would otherwise be entitled
29 to under any other provisions of this article.
30 § 5. Section 9 of the volunteer ambulance workers' benefit law, as
31 amended by chapter 924 of the laws of 1990, is amended to read as
32 follows:
33 § 9. Temporary total disability benefits. In the case of temporary
34 total disability the volunteer ambulance worker shall be paid three
35 hundred dollars for each week during the continuance thereof; provided,
36 however, that when the volunteer ambulance worker is injured in the line
37 of duty on or after the effective date of this chapter to June thirti-
38 eth, nineteen hundred ninety; further provided, that when the volunteer
39 ambulance worker is injured in the line of duty on or after July first,
40 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one,
41 said ambulance worker shall receive three hundred forty dollars per week
42 during the continuance thereof, and further provided, that when a volun-
43 teer ambulance worker is injured in the line of duty on or after July
44 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred
45 ninety-two, said ambulance worker shall receive three hundred fifty
46 dollars per week during the continuance thereof; provided further that
47 when a volunteer ambulance worker is injured in the line of duty on or
48 after July first, nineteen hundred ninety-two such ambulance worker
49 shall be paid four hundred dollars for each week during the continuance
50 thereof; provided further that when a volunteer ambulance worker is
51 injured in the line of duty on or after July first, two thousand twenty
52 such ambulance worker shall be paid nine hundred dollars for each week
53 during the continuance thereof. Temporary total disability, within the
54 meaning of this section, shall exist only if the earning capacity of the
55 volunteer ambulance worker has been lost temporarily and totally as the
56 result of the injury. In case of temporary total disability and perma-
A. 11078 6
1 nent partial disability both resulting from the same injury, if the
2 temporary total disability continues for a longer period than the number
3 of weeks set forth in the following schedule, the period of temporary
4 total disability in excess of such number of weeks shall be added to the
5 period provided in section ten of this chapter: arm, thirty-two weeks;
6 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear,
7 twenty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first
8 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve
9 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other
10 than great toe, eight weeks. In any case resulting in loss or partial
11 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe,
12 where the temporary total disability does not extend beyond the periods
13 above mentioned for such injury, benefits shall be limited to the sched-
14 ule contained in section ten of this chapter.
15 § 6. The opening paragraph and paragraph g of subdivision 1 of section
16 10 of the volunteer ambulance workers' benefit law, the opening para-
17 graph as amended by chapter 21 of the laws of 1991, paragraph g as
18 amended by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of
19 paragraph g as amended by chapter 924 of the laws of 1990, are amended
20 to read as follows:
21 In the case of disability partial in character, but permanent in qual-
22 ity, the volunteer ambulance worker, injured in the line of duty shall
23 be paid one hundred fifty dollars for each week for the period specified
24 in this subdivision, provided, however, that when the volunteer ambu-
25 lance worker is injured in the line of duty on or after the effective
26 date of this chapter to and including June thirtieth, nineteen hundred
27 ninety, and provided further that when the volunteer ambulance worker is
28 injured in the line of duty on or after July first, nineteen hundred
29 ninety to and including June thirtieth, nineteen hundred ninety-one such
30 payments shall be two hundred eighty dollars for each week, and provided
31 further that when the volunteer ambulance worker is injured in the line
32 of duty on or after July first, nineteen hundred ninety-one to and
33 including June thirtieth, nineteen hundred ninety-two such payments
34 shall be three hundred fifty dollars for each week; and provided further
35 that when the volunteer ambulance worker is injured in the line of duty
36 on or after July first, nineteen hundred ninety-two such payments shall
37 be four hundred dollars for each week; and provided further that when
38 the volunteer ambulance worker is injured in the line of duty on or
39 after July first, two thousand twenty such payments shall be nine
40 hundred dollars for each week as follows:
41 g. Other cases. In all other cases of permanent partial disability the
42 volunteer ambulance worker shall be paid for each week, during the
43 continuance thereof, 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 one hundred fifty dollars
46 for each week, provided, however, that the volunteer ambulance worker is
47 injured in the line of duty on or after the effective date of this chap-
48 ter to and including June thirtieth, nineteen hundred ninety, provided,
49 however, that when the volunteer ambulance worker is injured in the line
50 of duty on or after July first, nineteen hundred ninety to and including
51 June thirtieth, nineteen hundred ninety-one such payment shall be two
52 hundred eighty dollars for each week, and provided further that when the
53 volunteer ambulance worker is injured in the line of duty on or after
54 July first, nineteen hundred ninety-one to and including June thirtieth,
55 nineteen hundred ninety-two such payment shall be three hundred fifty
56 dollars for each week; and provided further that when the volunteer
A. 11078 7
1 ambulance worker is injured in the line of duty on or after July first,
2 nineteen hundred ninety-two such payments shall be four hundred dollars
3 for each week; and provided further that when the volunteer ambulance
4 worker is injured in the line of duty on or after July first, two thou-
5 sand twenty, such payments shall be nine hundred dollars for each week.
6 (2) If the percentage of loss of earning capacity is fifty per centum,
7 or greater, but less than seventy-five per centum, he or she shall be
8 paid one hundred dollars for each week, provided, however, that the
9 volunteer ambulance worker is injured in the line of duty on or after
10 the effective date of this chapter to and including June thirtieth,
11 nineteen hundred ninety, provided, however, that when the volunteer
12 ambulance worker is injured in the line of duty on or after July first,
13 nineteen hundred ninety to and including June thirtieth, nineteen
14 hundred ninety-one, such payment shall be one hundred eighty-six dollars
15 and seventy-six cents for each week, provided, however, that when the
16 volunteer ambulance worker is injured in the line of duty on or after
17 July first, nineteen hundred ninety-one to and including June thirtieth,
18 nineteen hundred ninety-two, such payment shall be two hundred thirty-
19 four dollars and fifty cents for each week; provided, however, that when
20 the volunteer ambulance worker is injured in the line of duty on or
21 after July first, nineteen hundred ninety-two, such payment shall be two
22 hundred sixty-eight dollars for each week; provided, however, that when
23 the volunteer ambulance worker is injured in the line of duty on or
24 after July first, two thousand twenty, such payment shall be five
25 hundred thirty-six dollars for each week.
26 (3) If the percentage of loss of earning capacity is twenty-five
27 percentum, or greater, but less than fifty per centum, he or she shall
28 be paid [thirty] two hundred dollars for each week.
29 (4) If the percentage of loss of earning capacity is less than twen-
30 ty-five per centum, he or she shall [not] be paid [any weekly benefit]
31 fifty dollars per week.
32 Permanent partial disability, within the meaning of this paragraph,
33 shall exist only if the earning capacity of the volunteer ambulance
34 worker has been permanently and partially lost as the result of the
35 injury. The workers' compensation board shall determine the degree of
36 such disability and such board may reconsider such degree on its own
37 motion or upon application of any party in interest.
38 § 7. This act shall take effect immediately.