Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2014 |
committed to rules |
May 14, 2014 |
advanced to third reading |
May 13, 2014 |
2nd report cal. |
May 12, 2014 |
1st report cal.600 |
Jan 08, 2014 |
referred to labor |
Jun 21, 2013 |
committed to rules |
Jun 05, 2013 |
advanced to third reading |
Jun 04, 2013 |
2nd report cal. |
Jun 03, 2013 |
1st report cal.953 |
May 16, 2013 |
referred to labor |
Senate Bill S5294
2013-2014 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
(D, WF) Senate District
2013-S5294 (ACTIVE) - Details
2013-S5294 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5294 TITLE OF BILL: An act to amend the workers' compensation law, in relation to establishing statutory guidelines for return to work by partially disabled workers PURPOSE OR GENERAL IDEA OF BILL: This would define the circumstances under which a partially disabled worker must seek employment as a condition for receipt of workers' compensation benefits. SUMMARY OF PROVISIONS: This bill would amend Workers' Compensation Law Section 15(5-a) to limit its scope to partial disability awards for claimants who are working at a reduction in earnings. It would add a new Workers' Compensation Law Section 15(5-b) to address compensation for partially disabled workers who have no actual earnings. It would re-number existing Workers' Compensation Law Section 15(5-b) as Workers' Compensation Law Section 15(5-c). It would also provide that benefits for partially disabled workers who have actual earnings shall be based on such earnings. It would further provide that benefits for partially disabled workers who have no actual earnings shall be based on their wage earning capacity. It would define the term "voluntary withdrawal from the labor market" and establish it as a defense to a claim for
2013-S5294 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5294 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. SAVINO -- 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 establish- ing statutory guidelines for return to work by partially disabled workers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 5-a and 5-b of section 15 of the workers' compensation law, subdivision 5-a as amended by chapter 113 of the laws of 1946 and subdivision 5-b as added by chapter 778 of the laws of 1945, are amended to read as follows: 5-a. Determination of wage earning capacity IN CASE OF ACTUAL EARNINGS. The wage earning capacity of an injured employee in cases of partial disability shall be determined by his actual earnings, [provided, however, that if he has no such actual earnings the board may in the interest of justice fix such wage earning capacity as shall be reasonable, but not in excess of seventy-five per centum of his former full time actual earnings, having due regard to the nature of his injury and his physical impairment] IF ANY. 5-b. DETERMINATION OF WAGE EARNING CAPACITY IN ABSENCE OF ACTUAL EARN- INGS. THE WAGE EARNING CAPACITY OF AN INJURED EMPLOYEE IN CASES OF PARTIAL DISABILITY SHALL, IN THE ABSENCE OF ACTUAL EARNINGS, BE DETER- MINED BY THE BOARD. THE BOARD SHALL IN THE INTEREST OF JUSTICE FIX SUCH WAGE EARNING CAPACITY AS MAY BE REASONABLE, BUT NOT IN EXCESS OF SEVEN- TY-FIVE PER CENTUM OF THE INJURED EMPLOYEE'S FORMER FULL TIME ACTUAL EARNINGS, HAVING DUE REGARD TO THE NATURE OF THE INJURY, PHYSICAL IMPAIRMENT, AND OTHER RELEVANT FACTORS. THE BOARD SHALL AWARD COMPEN- SATION BASED ON THE INJURED EMPLOYEE'S LOSS OF WAGE EARNING CAPACITY. (A) VOLUNTARY WITHDRAWAL FROM THE LABOR MARKET. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE BOARD MAY DECLINE TO AWARD COMPENSATION IF IT FINDS THAT THE INJURED EMPLOYEE HAS VOLUNTARILY WITHDRAWN FROM THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11028-01-3
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