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S01161 Summary:

S01161 Actions:

S01161 Committee Votes:

S01161 Floor Votes:

S01161 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1161--A
            Cal. No. 254
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                    January 10, 2023
                                       ___________
 
        Introduced  by Sens. SANDERS, MAY, RYAN -- read twice and ordered print-
          ed, and when printed to be committed to  the  Committee  on  Labor  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN  ACT  to amend the workers' compensation law, in relation to schedule
          in case of disability
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph (a) of subdivision 6 of section 15 of the work-
     2  ers' compensation law, as amended by section 7-a of part GG  of  chapter
     3  57 of the laws of 2013, is amended to read as follows:
     4    (a) Compensation for permanent or temporary total disability due to an
     5  accident  or  disablement  resulting  from  an occupational disease that
     6  occurs, (1) on or after January first, nineteen  hundred  seventy-eight,
     7  shall  not  exceed one hundred twenty-five dollars per week, that occurs
     8  (2) on or after July first, nineteen hundred  seventy-eight,  shall  not
     9  exceed  one hundred eighty dollars per week, that occurs (3) on or after
    10  January first, nineteen  hundred  seventy-nine,  shall  not  exceed  two
    11  hundred  fifteen  dollars  per  week,  that  occurs (4) on or after July
    12  first, nineteen hundred  eighty-three,  shall  not  exceed  two  hundred
    13  fifty-five  dollars  per  week,  that occurs (5) on or after July first,
    14  nineteen hundred eighty-four, shall not exceed two hundred  seventy-five
    15  dollars  per  week,  that  occurs  (6)  on or after July first, nineteen
    16  hundred eighty-five, shall not exceed three hundred  dollars  per  week,
    17  that  occurs  (7) on or after July first, nineteen hundred ninety, shall
    18  not exceed three hundred forty dollars per week;  and  in  the  case  of
    19  temporary  total  disability  shall  not be less than thirty dollars per
    20  week and in the case of permanent total disability  shall  not  be  less
    21  than  twenty dollars per week except that if the employee's wages at the
    22  time of injury are less than thirty or twenty dollars per  week  respec-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04567-02-3
        S. 1161--A                          2
 
     1  tively,  he  or she shall receive his or her full weekly wages.  Compen-
     2  sation for permanent or temporary partial disability due to an  accident
     3  or disablement resulting from an occupational disease that occurs (1) on
     4  or after January first, nineteen hundred seventy-eight, shall not exceed
     5  one  hundred  five  dollars  per  week, that occurs (2) on or after July
     6  first, nineteen hundred eighty-three, shall not exceed one hundred twen-
     7  ty-five dollars per week, that occurs (3) on or after July first,  nine-
     8  teen  hundred  eighty-four,  shall  not  exceed  one hundred thirty-five
     9  dollars per week, that occurs (4)  on  or  after  July  first,  nineteen
    10  hundred  eighty-five,  shall  not  exceed  one hundred fifty dollars per
    11  week, that occurs (5) on or after July first, nineteen  hundred  ninety,
    12  shall  not  exceed two hundred eighty dollars per week; nor be less than
    13  twenty dollars per week; except that if the employee's wages at the time
    14  of injury are less than twenty dollars per week, he or she shall receive
    15  his or her full weekly  wages.  In  no  event  shall  compensation  when
    16  combined  with  decreased earnings or earning capacity exceed the amount
    17  of wages which the  employee  was  receiving  at  the  time  the  injury
    18  occurred. Compensation for permanent or temporary partial disability, or
    19  for  permanent or temporary total disability due to an accident or disa-
    20  blement resulting from an occupational disease that  occurs  (1)  on  or
    21  after  July  first, nineteen hundred ninety-one and prior to July first,
    22  nineteen hundred  ninety-two,  shall  not  exceed  three  hundred  fifty
    23  dollars  per  week; (2) on or after July first, nineteen hundred ninety-
    24  two, shall not exceed four hundred dollars per week; nor  be  less  than
    25  forty  dollars  per week except that if the employee's wages at the time
    26  of injury are less than forty  dollars  per  week,  the  employee  shall
    27  receive  his  or her full wages. Compensation for permanent or temporary
    28  partial disability, or for permanent or temporary total  disability  due
    29  to  an  accident  or  disablement resulting from an occupational disease
    30  that occurs (1) on or after July first, two  thousand  seven  shall  not
    31  exceed  five  hundred  dollars per week, (2) on or after July first, two
    32  thousand eight shall not exceed five hundred fifty dollars per week, (3)
    33  on or after July first, two thousand nine shall not exceed  six  hundred
    34  dollars  per week, and (4) on or after July first, two thousand ten, and
    35  on or after July first of each succeeding year, shall  not  exceed  two-
    36  thirds  of  the New York state average weekly wage for the year in which
    37  it is reported. Compensation for permanent or temporary partial disabil-
    38  ity, or for permanent or temporary total disability due to  an  accident
    39  or  disablement resulting from an occupational disease that occurs on or
    40  after July first, two thousand seven shall not be less than one  hundred
    41  dollars  per  week  except  that  if the employee's wages at the time of
    42  injury are less than one hundred dollars per week,  the  employee  shall
    43  receive  his or her full wages.  Compensation for permanent or temporary
    44  partial disability, or for permanent or temporary total  disability  due
    45  to  an  accident  or  disablement resulting from an occupational disease
    46  that occurs on or after May first, two thousand thirteen  shall  not  be
    47  less  than one hundred fifty dollars per week except that if the employ-
    48  ee's wages at the time of injury are less than one hundred fifty dollars
    49  per week, the employee shall receive his or her  full  wages.    Compen-
    50  sation  for  permanent or temporary partial disability, or for permanent
    51  or temporary total disability due to an accident or disablement  result-
    52  ing  from an occupational disease that occurs on or after January first,
    53  two thousand twenty-four and before January first, two thousand  twenty-
    54  five  shall  not  be less than two hundred seventy-five dollars per week
    55  except that if the employee's wages at the time of injury are less  than
    56  two  hundred  seventy-five  dollars per week, the employee shall receive
        S. 1161--A                          3
 
     1  his or her full wages. Compensation for permanent or  temporary  partial
     2  disability,  or  for  permanent  or temporary total disability due to an
     3  accident or disablement resulting  from  an  occupational  disease  that
     4  occurs  on  or  after January first, two thousand twenty-five and before
     5  July first, two thousand twenty-six shall not be less than three hundred
     6  twenty-five dollars per week except that if the employee's wages at  the
     7  time of injury are less than three hundred twenty-five dollars per week,
     8  the  employee  shall  receive  his  or  her full wages. Compensation for
     9  permanent or temporary partial disability, or for permanent or temporary
    10  total disability due to an accident or  disablement  resulting  from  an
    11  occupational  disease  that  occurs on or after July first, two thousand
    12  twenty-six and on or after July first of each succeeding year shall  not
    13  be less than one-fifth of the New York state average weekly wage for the
    14  year  in which it is reported except that if the employee's weekly wages
    15  are equal to or less than one-fifth of the New York state average weekly
    16  wage for the year in which it is reported, the  employee  shall  receive
    17  his or her full wages. In no event shall compensation when combined with
    18  decreased  earnings  or  earning capacity exceed the amount of wages the
    19  employee was receiving at the time the injury occurred. Compensation for
    20  permanent or temporary partial disability, or for permanent or temporary
    21  total disability due to an accident or  disablement  resulting  from  an
    22  occupational  disease or injury that occurred as a result of World Trade
    23  Center rescue activity by an employee of a private  voluntary  hospital,
    24  who  passed  a  physical  examination upon employment as a rescue worker
    25  that failed to reveal evidence of a condition  that  was  the  proximate
    26  cause of disablement or occupational disease or injury, shall not exceed
    27  three-quarters  of a claimant's wage on September eleventh, two thousand
    28  one. In no event shall compensation when combined with  decreased  earn-
    29  ings  or  earning  capacity  exceed the amount of wages the employee was
    30  receiving on September eleventh, two thousand one.
    31    § 2. This act shall take effect immediately.