STATE OF NEW YORK
________________________________________________________________________
8563
IN SENATE
May 10, 2018
___________
Introduced by Sen. SANDERS -- 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 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-
23 tively, he or she shall receive his or her full weekly wages. Compen-
24 sation for permanent or temporary partial disability due to an accident
25 or disablement resulting from an occupational disease that occurs (1) on
26 or after January first, nineteen hundred seventy-eight, shall not exceed
27 one hundred five dollars per week, that occurs (2) on or after July
28 first, nineteen hundred eighty-three, shall not exceed one hundred twen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15872-01-8
S. 8563 2
1 ty-five dollars per week, that occurs (3) on or after July first, nine-
2 teen hundred eighty-four, shall not exceed one hundred thirty-five
3 dollars per week, that occurs (4) on or after July first, nineteen
4 hundred eighty-five, shall not exceed one hundred fifty dollars per
5 week, that occurs (5) on or after July first, nineteen hundred ninety,
6 shall not exceed two hundred eighty dollars per week; nor be less than
7 twenty dollars per week; except that if the employee's wages at the time
8 of injury are less than twenty dollars per week, he or she shall receive
9 his or her full weekly wages. In no event shall compensation when
10 combined with decreased earnings or earning capacity exceed the amount
11 of wages which the employee was receiving at the time the injury
12 occurred. Compensation for permanent or temporary partial disability, or
13 for permanent or temporary total disability due to an accident or disa-
14 blement resulting from an occupational disease that occurs (1) on or
15 after July first, nineteen hundred ninety-one and prior to July first,
16 nineteen hundred ninety-two, shall not exceed three hundred fifty
17 dollars per week; (2) on or after July first, nineteen hundred ninety-
18 two, shall not exceed four hundred dollars per week; nor be less than
19 forty dollars per week except that if the employee's wages at the time
20 of injury are less than forty dollars per week, the employee shall
21 receive his or her full wages. Compensation for permanent or temporary
22 partial disability, or for permanent or temporary total disability due
23 to an accident or disablement resulting from an occupational disease
24 that occurs (1) on or after July first, two thousand seven shall not
25 exceed five hundred dollars per week, (2) on or after July first, two
26 thousand eight shall not exceed five hundred fifty dollars per week, (3)
27 on or after July first, two thousand nine shall not exceed six hundred
28 dollars per week, and (4) on or after July first, two thousand ten, and
29 on or after July first of each succeeding year, shall not exceed two-
30 thirds of the New York state average weekly wage for the year in which
31 it is reported. Compensation for permanent or temporary partial disabil-
32 ity, or for permanent or temporary total disability due to an accident
33 or disablement resulting from an occupational disease that occurs on or
34 after July first, two thousand seven shall not be less than one hundred
35 dollars per week except that if the employee's wages at the time of
36 injury are less than one hundred dollars per week, the employee shall
37 receive his or her full wages. Compensation for permanent or temporary
38 partial disability, or for permanent or temporary total disability due
39 to an accident or disablement resulting from an occupational disease
40 that occurs on or after May first, two thousand thirteen shall not be
41 less than one hundred fifty dollars per week except that if the employ-
42 ee's wages at the time of injury are less than one hundred fifty dollars
43 per week, the employee shall receive his or her full wages. Compensation
44 for permanent or temporary partial disability, or for permanent or
45 temporary total disability due to an accident or disablement resulting
46 from an occupational disease that occurs on or after the effective date
47 of the chapter of the laws of two thousand eighteen that amended this
48 paragraph shall not be less than one-fifth of the New York state average
49 weekly wage except that if the employee's weekly wages are equal to or
50 less than one-fifth of the New York state average weekly wage, the
51 employee shall receive his or her full wages. In no event shall compen-
52 sation when combined with decreased earnings or earning capacity exceed
53 the amount of wages the employee was receiving at the time the injury
54 occurred. Compensation for permanent or temporary partial disability, or
55 for permanent or temporary total disability due to an accident or disa-
56 blement resulting from an occupational disease or injury that occurred
S. 8563 3
1 as a result of World Trade Center rescue activity by an employee of a
2 private voluntary hospital, who passed a physical examination upon
3 employment as a rescue worker that failed to reveal evidence of a condi-
4 tion that was the proximate cause of disablement or occupational disease
5 or injury, shall not exceed three-quarters of a claimant's wage on
6 September eleventh, two thousand one. In no event shall compensation
7 when combined with decreased earnings or earning capacity exceed the
8 amount of wages the employee was receiving on September eleventh, two
9 thousand one.
10 § 2. This act shall take effect immediately.