S728-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 8, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO LABOR
• Jan 5, 2011: REFERRED TO LABOR

S728-2011 Memo

BILL NUMBER:S728

TITLE OF BILL:

An act
to amend the workers' compensation law, in relation to permanent total
disability

PURPOSE OR GENERAL IDEA OF BILL:

This bill will create a presumption of permanent total disability for
claimants who are found eligible for federal social security
disability benefits.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill amends �15(1) of the workers' compensation law
to allow claimants who are approved for social security disability
benefits to be considered permanently totally disabled in the absence
of conclusive proof to the contrary.

JUSTIFICATION:

Workers who are injured or become ill on the job
often apply for federal social security disability benefits after
suffering such a condition. The federal eligibility standard for
these benefits is that the claimant is "unable to engage in
substantial gainful activity." This standard requires that an injured
worker must be unable to perform any work activity on a full-time
sustained basis and is essentially considered "totally disabled" by
the social Security Administration. A claimant whose condition is
severe enough to meet this disability standard should be eligible for
permanent total disability benefits under the workers' compensation
law.

PRIOR LEGISLATIVE HISTORY:

2009-10:  S.2781 Referred to Labor
2008:     A.10880 Referred to Labor.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

S728-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          728
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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:

 

Section 1. Subdivision 1 of section 15 of  the  workers'  compensation
 law,  as  amended by chapter 675 of the laws of 1977, is amended to read
 as follows:

 1. Permanent total disability. In case of total disability adjudged to
 be permanent sixty-six and two-thirds per centum of the  average  weekly
 wages shall be paid to the employee during the continuance of such total
 disability.  Loss  of  both  hands,  or both arms, or both feet, or both
 legs, or both eyes, or of any  two  thereof,  OR  APPROVAL  FOR  FEDERAL
 SOCIAL SECURITY DISABILITY BENEFITS, shall, in the absence of conclusive
 proof  to  the  contrary, constitute permanent total disability.  In all
 other cases permanent total disability shall be determined in accordance
 with the facts. Notwithstanding any other provision of this chapter,  an
 injured  employee  disabled due to the loss or total loss of use of both
 eyes, or both hands, or both arms, or both feet, or both legs, or of any
 two thereof shall not suffer any diminution of his OR  HER  compensation
 by  engaging  in  business or employment provided his OR HER earnings or
 wages, when combined with his OR  HER  compensation,  shall  not  be  in
 excess of the wage base on which the maximum weekly compensation benefit
 is  computed  under  the  law in effect at time of such earning; further
 provided, that if the combination exceeds such wage  base,  the  compen
 sation  shall be diminished to an amount which, together with his OR HER
 earnings or wages, shall equal the wage base; and further provided  that
 the  application  of  this  subdivision shall not result in reduction of
 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.
 LBD02811-01-1
 
       S. 728                              2
 or  total loss of use of both eyes, or both hands, or both arms, or both
 feet, or both legs or of any two thereof, would otherwise be entitled to
 under any other provision of this section.
 

S 2. This act shall take effect immediately.

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