S00076 Summary:

SAME ASNo same as
Amd S15, Work Comp L
Relates to permanent total disability.
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S00076 Actions:

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S00076 Memo:

Memo not available
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S00076 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                    IN SENATE
                                     January 9, 2013
        Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN ACT to amend the workers' compensation law, in relation to  permanent
          total disability

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 15 of  the  workers'  compensation
     2  law,  as  amended by chapter 675 of the laws of 1977, is amended to read
     3  as follows:
     4    1. Permanent total disability. In case of total disability adjudged to
     5  be permanent sixty-six and two-thirds per centum of the  average  weekly
     6  wages shall be paid to the employee during the continuance of such total
     7  disability.  Loss  of  both  hands,  or both arms, or both feet, or both
     8  legs, or both eyes, or of any  two  thereof,  or  approval  for  federal
     9  social security disability benefits, shall, in the absence of conclusive
    10  proof  to  the  contrary, constitute permanent total disability.  In all

    11  other cases permanent total disability shall be determined in accordance
    12  with the facts. Notwithstanding any other provision of this chapter,  an
    13  injured  employee  disabled due to the loss or total loss of use of both
    14  eyes, or both hands, or both arms, or both feet, or both legs, or of any
    15  two thereof shall not suffer any diminution of his or  her  compensation
    16  by  engaging  in  business or employment provided his or her earnings or
    17  wages, when combined with his or  her  compensation,  shall  not  be  in
    18  excess of the wage base on which the maximum weekly compensation benefit
    19  is  computed  under  the  law in effect at time of such earning; further
    20  provided, that if the combination exceeds such wage  base,  the  compen-
    21  sation  shall be diminished to an amount which, together with his or her

    22  earnings or wages, shall equal the wage base; and further provided  that
    23  the  application  of  this  subdivision shall not result in reduction of
    24  compensation which an injured employee who is disabled due to  the  loss
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 76                               2
     1  or  total loss of use of both eyes, or both hands, or both arms, or both
     2  feet, or both legs or of any two thereof, would otherwise be entitled to
     3  under any other provision of this section.
     4    § 2. This act shall take effect immediately.
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