S T A T E   O F   N E W   Y O R K
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                                 5901--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 10, 2015
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the  Committee  on  Rules  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the workers' compensation law, the executive law, the
  insurance law, the civil service law and the penal law, in relation to
  workers' compensation; and to repeal certain provisions of  the  work-
  ers' compensation law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 10 of  the  workers'  compensation
law is REPEALED.
  S  2. Section 12 of the workers' compensation law, as amended by chap-
ter 500 of the laws of 1965, is amended to read as follows:
  S 12. Compensation not allowed for first seven days.  No  compensation
shall  be  allowed  for  the  first seven days of disability, except the
benefits provided for in section thirteen  of  this  chapter,  provided,
however,  that  in  case  the  injury results in disability of more than
[fourteen] SEVEN days, the compensation shall be allowed from  the  date
of the disability.
  S  3.  Subdivision 5 of section 13-a of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as  further  amended  by
section  104  of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
  (5)  No  claim  for  specialist  consultations,  surgical  operations,
physiotherapeutic or occupational therapy procedures, x-ray examinations
or special diagnostic laboratory tests costing more than [one] TWO thou-
sand  dollars  shall be valid and enforceable, as against such employer,
unless such special services shall have been authorized by the  employer
or  by  the  board,  or  unless such authorization has been unreasonably

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11499-02-6
              

S. 5901--A                          2

withheld, or withheld for a period of more than [thirty] SEVEN  calendar
days from receipt of a request for authorization, or unless such special
services are required in an emergency, provided, however, that the basis
for  a  denial  of such authorization by the employer must be based on a
conflicting second opinion rendered by a  physician  authorized  by  the
board.  The  board, with the approval of the superintendent of financial
services, shall issue and maintain a list of  pre-authorized  procedures
under  this  section.  SUCH  LIST  OF PRE-AUTHORIZED PROCEDURES SHALL BE
ISSUED AND MAINTAINED FOR THE PURPOSE  OF  EXPEDITING  AUTHORIZATION  OF
TREATMENT  OF  INJURED  WORKERS.  SUCH LIST OF PRE-AUTHORIZED PROCEDURES
SHALL NOT BE CONSTRUED OR RELIED UPON TO SUPPORT THE PREMISE THAT PROCE-
DURES NOT INCLUDED ON THE PRE-AUTHORIZED LIST SHOULD BE DENIED.  PRE-AU-
THORIZED PROCEDURES SHALL NOT BE GIVEN PREFERENCE OVER ALTERNATIVE FORMS
OF TREATMENT THAT ARE NOT ON THE PRE-AUTHORIZED PROCEDURES LIST.
  S  4.  Paragraph  (c) of subdivision 7 of section 13-a of the workers'
compensation law, as added by chapter 6 of the laws of 2007, is  amended
to read as follows:
  (c)  At  the  time  a request for authorization for special diagnostic
tests, x-ray examinations, magnetic resonance imaging or other radiolog-
ical examinations or tests costing more than [one] TWO thousand  dollars
as  required by subdivision five of this section is approved, the insur-
ance carrier, self-insurer or state insurance fund, or if  so  delegated
the  network  with  which  the  insurance carrier, self-insurer or state
insurance fund has contracted, shall  notify  the  physician  requesting
authorization of the requirement that the claimant obtain or undergo the
special  diagnostic  test, x-ray examination, magnetic resonance imaging
or other radiological examination or test with a provider or at a facil-
ity  affiliated  with  the  network  or  networks  with  which  it   has
contracted,  the  contact  information for the network and a list of the
providers and facilities within the claimant's geographic  location,  as
defined  by  regulation of the board. The claimant, in consultation with
the provider who requested the special diagnostic test,  x-ray  examina-
tion,  magnetic  resonance  imaging  or other radiological test or exam,
will determine the provider or facility from within  the  network  which
will perform such diagnostic test, x-ray examination, magnetic resonance
imaging or other radiological examination or test.
  S 5. Section 2 of the workers' compensation law is amended by adding a
new subdivision 24 to read as follows:
  24. "EXAMINER" MEANS AN INDIVIDUAL QUALIFIED AND AUTHORIZED TO PERFORM
INDEPENDENT  MEDICAL  EXAMINATIONS  PURSUANT  TO SECTIONS THIRTEEN-B AND
THIRTEEN-BB OF THIS CHAPTER AND REGISTERED WITH THE  BOARD  PURSUANT  TO
SECTION THIRTEEN-BB OF THIS CHAPTER.
  S  6. The workers' compensation law is amended by adding a new section
13-bb to read as follows:
  S 13-BB. REGULATION OF INDEPENDENT MEDICAL EXAMINATIONS. 1. (A)  THERE
IS  HEREBY  ESTABLISHED  IN  THE WORKERS' COMPENSATION BOARD AN ADVISORY
COMMITTEE ON INDEPENDENT MEDICAL EXAMINATIONS  WHICH  SHALL  CONSIST  OF
THREE  MEMBERS. ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR; THE CHIEF
EXECUTIVE  OFFICERS  OF  THE  NEW  YORK  STATE  AMERICAN  FEDERATION  OF
LABOR-CONGRESS  OF  INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF
NEW YORK STATE SHALL BE MEMBERS BY VIRTUE OF THEIR  OFFICES.  THE  CHIEF
EXECUTIVE  OFFICERS  OF  THE  NEW  YORK  STATE  AMERICAN  FEDERATION  OF
LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS AND THE BUSINESS  COUNCIL  OF
NEW  YORK  STATE  MAY DESIGNATE REPRESENTATIVES TO ACT IN THEIR PLACE OR
STEAD AND ON THEIR BEHALF AS MEMBERS  OF  SUCH  ADVISORY  COMMITTEE.  IN
ADDITION, THE CHAIR, EXECUTIVE DIRECTOR AND THE COMMISSIONER OF LABOR OR

S. 5901--A                          3

THEIR  DESIGNATED REPRESENTATIVES SHALL BE INVITED TO ATTEND AND PARTIC-
IPATE IN ALL MEETINGS.
  (B)  IT SHALL BE THE DUTY OF THE ADVISORY COMMITTEE HEREBY ESTABLISHED
TO ADVISE, COUNSEL AND CONFER WITH THE CHAIR AND EXECUTIVE  DIRECTOR  ON
MATTERS  OF POLICY IN CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT
OF LAWS AND REGULATIONS RELATING TO  INDEPENDENT  MEDICAL  EXAMINATIONS.
THE  ADVISORY  COMMITTEE SHALL SPECIFICALLY EXAMINE THE FREQUENCY OF USE
OF INDEPENDENT MEDICAL EXAMINATIONS, THE  QUALIFICATIONS  OF  EXAMINERS,
THE EXISTENCE OF CONFLICTS OF INTEREST INVOLVING EXAMINERS AND INDEPEND-
ENT  MEDICAL  EXAMINATION ORGANIZATIONS, THE FREQUENCY WITH WHICH RECOM-
MENDATIONS RESULTING FROM INDEPENDENT MEDICAL EXAMINATIONS  ARE  INVALI-
DATED  OR  AMENDED AND THE ADEQUACY OF CONTINUING EDUCATION PROGRAMS FOR
EXAMINERS TO ENSURE THAT USE OF INDEPENDENT MEDICAL EXAMINATIONS IS  NOT
ADVERSELY  IMPACTING  THE  TIMELINESS OR QUALITY OF CARE INJURED WORKERS
RECEIVE. THE ADVISORY COMMITTEE SHALL REVIEW EXISTING AND PROPOSED STATE
LAWS AND REGULATIONS PERTAINING TO INDEPENDENT MEDICAL EXAMINATIONS  AND
RECOMMEND  TO  THE CHAIR, EXECUTIVE DIRECTOR AND THE CHAIRPERSONS OF THE
ASSEMBLY AND SENATE STANDING COMMITTEES ON LABOR AND  INSURANCE,  NECES-
SARY  CHANGES  OR  ADDITIONS  TO LAWS, REGULATIONS AND BOARD PROGRAMS TO
IMPROVE MEDICAL CARE FOR  INJURED  WORKERS,  THE  EFFECTIVENESS  OF  THE
BOARD'S  REGULATION  OF  INDEPENDENT MEDICAL EXAMINATIONS, EXAMINERS AND
INDEPENDENT MEDICAL EXAMINATION  ORGANIZATIONS  AND  ENFORCEMENT  ACTIV-
ITIES.  THE COMMITTEE SHALL REVIEW AND REVOKE AUTHORIZATIONS OF INDIVID-
UAL EXAMINERS IF SUCH EXAMINERS EXHIBIT BIAS, CONFLICTS OF  INTEREST  OR
OTHERWISE FAIL TO UPHOLD THEIR OBLIGATIONS UNDER THIS CHAPTER.
  (C)  THE  CHAIR SHALL ASSIGN STAFF TO ASSIST THE ADVISORY COMMITTEE AS
NECESSARY AND SHALL PROVIDE NECESSARY INFORMATION AND SPACE FOR MEETINGS
OF THE ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL KEEP A RECORD OF
ITS MEETINGS AND RECOMMENDATIONS.
  (D) THE ADVISORY COMMITTEE SHALL MEET AT THE CALL OF THE CHAIR OR  ANY
MEMBER  AND  AT  SUCH  OTHER  TIMES AS IT MAY DEEM NECESSARY AND AT SUCH
PLACES AS MAY BE CONVENIENT. IN ANY EVENT, MEETINGS  SHALL  BE  HELD  AT
LEAST  ONCE  PER  STATE FISCAL QUARTER. AN INITIAL MEETING SHALL BE HELD
WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
  2. ALL EXAMINERS AND ALL INDIVIDUALS WITH OWNERSHIP INTERESTS IN INDE-
PENDENT MEDICAL EXAMINATION ORGANIZATIONS MUST FILE STATEMENTS OF FINAN-
CIAL DISCLOSURE WITH THE BOARD ON AN ANNUAL BASIS AS DESCRIBED IN SUBDI-
VISION FOUR OF THIS SECTION.
  3. THE ANNUAL STATEMENT OF  FINANCIAL  DISCLOSURE  SHALL  CONTAIN  THE
FOLLOWING INFORMATION AND SHALL BE IN THE FORM SET FORTH BELOW:
ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (FOR CALENDAR YEAR)
1. NAME
2. (A) CHECK ONE
       (   ) EXAMINER
       (   ) OWNER OF INDEPENDENT MEDICAL EXAMINATION ORGANIZATION
           NAME AND ADDRESS OF INDEPENDENT MEDICAL EXAMINATION
           ORGANIZATION
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   (B) ADDRESS OF PRESENT OFFICE
   (C) OFFICE TELEPHONE NUMBER
3. (A) MARITAL STATUS
IF  MARRIED,  PLEASE GIVE SPOUSE'S FULL NAME INCLUDING MAIDEN NAME WHERE
APPLICABLE.
(B) LIST THE NAMES OF ALL UNEMANCIPATED CHILDREN.

S. 5901--A                          4

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ANSWER EACH OF THE  FOLLOWING  QUESTIONS  COMPLETELY,  WITH  RESPECT  TO
CALENDAR  YEAR      ,  UNLESS ANOTHER PERIOD OR DATE IS OTHERWISE SPECI-
FIED. IF ADDITIONAL SPACE IS NEEDED, ATTACH ADDITIONAL PAGES.
WHENEVER A "VALUE" OR "AMOUNT" IS REQUIRED TO BE REPORTED  HEREIN,  SUCH
VALUE  OR  AMOUNT SHALL BE REPORTED AS BEING WITHIN ONE OF THE FOLLOWING
CATEGORIES IN TABLE I OR TABLE II OF THIS SUBDIVISION AS CALLED  FOR  IN
THE  QUESTION:  A  REPORTING  INDIVIDUAL  SHALL INDICATE THE CATEGORY BY
LETTER ONLY. WHENEVER "INCOME" IS REQUIRED TO BE  REPORTED  HEREIN,  THE
TERM  "INCOME" SHALL MEAN THE AGGREGATE NET INCOME BEFORE TAXES FROM THE
SOURCE IDENTIFIED. THE TERM "CALENDAR YEAR" SHALL MEAN THE  YEAR  ENDING
THE DECEMBER 31ST PRECEDING THE DATE OF FILING OF THE ANNUAL STATEMENT.
4. (A) LIST ANY OFFICE, TRUSTEESHIP, DIRECTORSHIP, PARTNERSHIP, OR POSI-
TION  OF  ANY  NATURE, WHETHER COMPENSATED OR NOT, HELD BY THE REPORTING
INDIVIDUAL WITH ANY  FIRM,  CORPORATION,  ASSOCIATION,  PARTNERSHIP,  OR
OTHER  ORGANIZATION. INCLUDE COMPENSATED HONORARY POSITIONS; DO NOT LIST
MEMBERSHIP OR UNCOMPENSATED HONORARY POSITIONS.
POSITION                                         ORGANIZATION
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(B) LIST ANY OFFICE, TRUSTEESHIP, DIRECTORSHIP, PARTNERSHIP, OR POSITION
OF ANY NATURE, WHETHER COMPENSATED OR NOT, HELD BY THE SPOUSE OR UNEMAN-
CIPATED CHILD OF THE REPORTING INDIVIDUAL, WITH ANY  FIRM,  CORPORATION,
ASSOCIATION,  PARTNERSHIP,  OR  OTHER  ORGANIZATION. INCLUDE COMPENSATED
HONORARY POSITIONS; DO NOT LIST  MEMBERSHIP  OR  UNCOMPENSATED  HONORARY
POSITIONS.
POSITION                                         ORGANIZATION
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5.  LIST THE NAME, ADDRESS AND DESCRIPTION OF ANY OCCUPATION, EMPLOYMENT
(OTHER THAN THE EMPLOYMENT LISTED UNDER ITEM 2 ABOVE),  TRADE,  BUSINESS
OR PROFESSION ENGAGED IN BY THE REPORTING INDIVIDUAL.
   NAME & ADDRESS OF ORGANIZATION    POSITION           DESCRIPTION
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6.  LIST  EACH  SOURCE  OF  GIFTS IN EXCESS OF $500, RECEIVED DURING THE
REPORTING PERIOD FOR WHICH THIS STATEMENT  IS  FILED  BY  THE  REPORTING
INDIVIDUAL  OR  SUCH INDIVIDUAL'S SPOUSE OR UNEMANCIPATED CHILD FROM THE
SAME DONOR, EXCLUDING GIFTS  FROM  A  RELATIVE.  INCLUDE  THE  NAME  AND
ADDRESS  OF THE DONOR. THE TERM "GIFTS" DOES NOT INCLUDE REIMBURSEMENTS,
WHICH TERM IS DEFINED IN ITEM 7. INDICATE THE VALUE AND NATURE  OF  EACH
SUCH GIFT.
CATEGORY   SELF, SPOUSE OR        NAME OF   NATURE OF       VALUE OF
             CHILD                  DONOR     GIFT            GIFT
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7.  IDENTIFY  AND  BRIEFLY DESCRIBE THE SOURCE OF ANY REIMBURSEMENTS FOR
EXPENDITURES, IN EXCESS OF $250 FROM EACH SUCH SOURCE. FOR  PURPOSES  OF

S. 5901--A                          5

THIS  ITEM,  THE  TERM  "REIMBURSEMENTS"  SHALL  MEAN ANY TRAVEL-RELATED
EXPENSES PROVIDED BY SOURCES AND FOR ACTIVITIES RELATED TO THE REPORTING
INDIVIDUAL'S OFFICIAL DUTIES SUCH AS, SPEAKING ENGAGEMENTS, CONFERENCES,
OR FACT FINDING EVENTS. THE TERM "REIMBURSEMENTS" DOES NOT INCLUDE GIFTS
REPORTED UNDER ITEM 6.

SOURCE                                DESCRIPTION
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8.  LIST  THE  IDENTITY  AND VALUE, IF REASONABLY ASCERTAINABLE, OF EACH
INTEREST IN A TRUST, ESTATE  OR  OTHER  BENEFICIAL  INTEREST,  INCLUDING
RETIREMENT  PLANS,  AND  DEFERRED  COMPENSATION PLANS (E.G. 401, 403(B),
457, ETC.) ESTABLISHED IN ACCORDANCE WITH THE INTERNAL REVENUE CODE,  IN
WHICH  THE  REPORTING INDIVIDUAL HELD A BENEFICIAL INTEREST IN EXCESS OF
$1,000 AT ANY TIME DURING THE PRECEDING YEAR. DO NOT REPORT INTERESTS IN
A TRUST, ESTATE OR OTHER BENEFICIAL INTEREST ESTABLISHED BY OR  FOR,  OR
THE ESTATE OF, A RELATIVE.

IDENTITY                CATEGORY OF VALUE*                 (IN TABLE II)
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  *  THE  VALUE  OF  SUCH  INTEREST SHALL BE REPORTED ONLY IF REASONABLY
ASCERTAINABLE.
9. LIST BELOW THE NATURE AND AMOUNT OF ANY INCOME IN EXCESS OF $500 FROM
EACH SOURCE FOR THE REPORTING INDIVIDUAL AND  SUCH  INDIVIDUAL'S  SPOUSE
FOR  THE  TAXABLE  YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING. EACH
SUCH SOURCE MUST BE DESCRIBED WITH PARTICULARITY. INCOME  INCLUDES,  BUT
IS NOT LIMITED TO, ALL INCOME (OTHER THAN THAT RECEIVED FROM THE EMPLOY-
MENT  LISTED  UNDER  ITEM  2  ABOVE) FROM COMPENSATED EMPLOYMENT WHETHER
PUBLIC OR PRIVATE, DIRECTORSHIPS AND OTHER FIDUCIARY POSITIONS, CONTRAC-
TUAL ARRANGEMENTS, TEACHING INCOME, PARTNERSHIPS,  HONORARIUMS,  LECTURE
FEES, CONSULTANT FEES, BANK AND BOND INTEREST, DIVIDENDS, INCOME DERIVED
FROM  A  TRUST, REAL ESTATE RENTS, AND RECOGNIZED GAINS FROM THE SALE OR
EXCHANGE OF REAL OR OTHER PROPERTY. INCOME FROM A BUSINESS OR PROFESSION
AND REAL ESTATE RENTS SHALL BE REPORTED WITH THE  SOURCE  IDENTIFIED  BY
THE  BUILDING  ADDRESS IN THE CASE OF REAL ESTATE RENTS AND OTHERWISE BY
THE NAME OF THE ENTITY AND NOT BY THE NAME OF THE INDIVIDUAL  CUSTOMERS,
CLIENTS  OR TENANTS, WITH THE AGGREGATE NET INCOME BEFORE TAXES FOR EACH
BUILDING ADDRESS OR ENTITY.  THE  RECEIPT  OF  MAINTENANCE  RECEIVED  IN
CONNECTION WITH A MATRIMONIAL ACTION, ALIMONY AND CHILD SUPPORT PAYMENTS
SHALL NOT BE LISTED.
SELF/                                                    CATEGORY SPOUSE
SOURCE       NATURE OF INCOME          OF AMOUNT (IN TABLE I)
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10. LIST THE SOURCES OF ANY DEFERRED INCOME (NOT RETIREMENT  INCOME)  IN
EXCESS  OF  $500 FROM EACH SOURCE TO BE PAID TO THE REPORTING INDIVIDUAL
FOLLOWING THE CLOSE OF THE  CALENDAR  YEAR  FOR  WHICH  THIS  DISCLOSURE
STATEMENT  IS FILED, OTHER THAN DEFERRED COMPENSATION REPORTED IN ITEM 8
HEREINABOVE. DEFERRED INCOME DERIVED FROM THE PRACTICE OF  A  PROFESSION
SHALL   BE LISTED IN THE AGGREGATE AND SHALL IDENTIFY AS THE SOURCE, THE
NAME OF THE FIRM, CORPORATION, PARTNERSHIP OR ASSOCIATION THROUGH  WHICH
THE INCOME WAS DERIVED, BUT SHALL NOT IDENTIFY INDIVIDUAL CLIENTS.

S. 5901--A                          6

SELF/                                                    CATEGORY SPOUSE
SOURCE       NATURE OF INCOME          OF AMOUNT (IN TABLE I)
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11.  LIST EACH ASSIGNMENT OF INCOME IN EXCESS OF $500, AND EACH TRANSFER
OTHER THAN TO A RELATIVE DURING THE  REPORTING  PERIOD  FOR  WHICH  THIS
STATEMENT  IS FILED FOR LESS THAN FAIR CONSIDERATION OF AN INTEREST IN A
TRUST, ESTATE OR OTHER BENEFICIAL INTEREST, SECURITIES OR REAL PROPERTY,
BY THE REPORTING INDIVIDUAL, IN EXCESS OF $500, WHICH WOULD OTHERWISE BE
REQUIRED TO BE REPORTED HEREIN AND IS NOT OR HAS NOT BEEN SO REPORTED.
                                                   CATEGORY
SOURCE          ITEM ASSIGNED                      OF VALUE (IN TABLE I)
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12. LIST BELOW THE TYPE AND MARKET  VALUE  OF  SECURITIES  HELD  BY  THE
REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE FROM EACH ISSUING ENTI-
TY  IN  EXCESS OF $1,000 AT THE CLOSE OF THE TAXABLE YEAR LAST OCCURRING
PRIOR TO THE DATE OF FILING, INCLUDING THE NAME OF  THE  ISSUING  ENTITY
EXCLUSIVE  OF  SECURITIES  HELD  BY THE REPORTING INDIVIDUAL ISSUED BY A
PROFESSIONAL CORPORATION. WHENEVER  AN  INTEREST  IN  SECURITIES  EXISTS
THROUGH  A  BENEFICIAL  INTEREST IN A TRUST, THE SECURITIES HELD IN SUCH
TRUST SHALL BE LISTED ONLY IF THE  REPORTING  INDIVIDUAL  HAS  KNOWLEDGE
THEREOF  EXCEPT WHERE THE REPORTING INDIVIDUAL OR THE REPORTING INDIVID-
UAL'S SPOUSE HAS TRANSFERRED ASSETS TO SUCH TRUST FOR HIS OR HER BENEFIT
IN WHICH EVENT SUCH SECURITIES SHALL  BE  LISTED  UNLESS  THEY  ARE  NOT
ASCERTAINABLE  BY  THE REPORTING INDIVIDUAL BECAUSE THE TRUSTEE IS UNDER
AN OBLIGATION NOT TO DISCLOSE THE CONTENTS OF THE TRUST TO THE REPORTING
INDIVIDUAL. SECURITIES OF WHICH THE REPORTING INDIVIDUAL OR THE  REPORT-
ING  INDIVIDUAL'S  SPOUSE IS THE OWNER OF RECORD BUT IN WHICH SUCH INDI-
VIDUAL OR THE REPORTING INDIVIDUAL'S SPOUSE HAS NO  BENEFICIAL  INTEREST
SHALL  NOT  BE  LISTED.  INDICATE  PERCENTAGE  OF  OWNERSHIP ONLY IF THE
REPORTING PERSON OR THE REPORTING PERSON'S SPOUSE HOLDS MORE  THAN  FIVE
PERCENT (5%) OF THE STOCK OF A CORPORATION IN WHICH THE STOCK IS PUBLIC-
LY  TRADED  OR MORE THAN TEN PERCENT (10%) OF THE STOCK OF A CORPORATION
IN WHICH THE STOCK IS NOT PUBLICLY TRADED. ALSO  LIST  SECURITIES  OWNED
FOR  INVESTMENT  PURPOSES BY A CORPORATION MORE THAN FIFTY PERCENT (50%)
OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY THE REPORTING INDIVIDUAL
OR SUCH INDIVIDUAL'S SPOUSE.  FOR THE PURPOSE OF  THIS  ITEM,  THE  TERM
"SECURITIES"  SHALL  MEAN  MUTUAL  FUNDS, BONDS, MORTGAGES, NOTES, OBLI-
GATIONS, WARRANTS AND STOCKS  OF  ANY  CLASS,  INVESTMENT  INTERESTS  IN
LIMITED  OR  GENERAL PARTNERSHIPS AND CERTIFICATES OF DEPOSITS (CDS) AND
SUCH OTHER EVIDENCES OF INDEBTEDNESS AND CERTIFICATES OF INTEREST AS ARE
USUALLY REFERRED TO AS SECURITIES.  THE MARKET VALUE FOR SUCH SECURITIES
SHALL BE REPORTED ONLY IF REASONABLY  ASCERTAINABLE  AND  SHALL  NOT  BE
REPORTED  IF  THE  SECURITY IS AN INTEREST IN A GENERAL PARTNERSHIP THAT
WAS LISTED ABOVE OR IF THE SECURITY IS  CORPORATE  STOCK,  NOT  PUBLICLY
TRADED,  IN A TRADE OR BUSINESS OF A REPORTING INDIVIDUAL OR A REPORTING
INDIVIDUAL'S SPOUSE.
SELF/      ISSUING        TYPE OF        PERCENTAGE OF  CATEGORY OF VALUE
SPOUSE      ENTITY        SECURITY         OWNERSHIP        (IN TABLE II)
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S. 5901--A                          7

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13. LIST BELOW THE LOCATION, SIZE,  GENERAL  NATURE,  ACQUISITION  DATE,
MARKET  VALUE  AND PERCENTAGE OF OWNERSHIP OF ANY REAL PROPERTY IN WHICH
ANY  VESTED  OR  CONTINGENT  INTEREST IN EXCESS OF $1,000 IS HELD BY THE
REPORTING INDIVIDUAL OR THE REPORTING  INDIVIDUAL'S  SPOUSE.  ALSO  LIST
REAL  PROPERTY  OWNED FOR INVESTMENT PURPOSES BY A CORPORATION MORE THAN
FIFTY PERCENT (50%) OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY  THE
REPORTING  INDIVIDUAL  OR SUCH INDIVIDUAL'S SPOUSE. DO NOT LIST ANY REAL
PROPERTY WHICH IS THE PRIMARY OR SECONDARY  PERSONAL  RESIDENCE  OF  THE
REPORTING  INDIVIDUAL OR THE REPORTING INDIVIDUAL'S SPOUSE, EXCEPT WHERE
THERE IS A CO-OWNER WHO IS OTHER THAN A RELATIVE.
SELF/  LOCATION    PERCENTAGE   GENERAL  ACQUISITION CATEGORY OF MARKET
SPOUSE   SIZE     OF OWNERSHIP   NATURE     DATE           VALUE
                                                        (IN TABLE II)
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14. LIST BELOW ALL NOTES AND ACCOUNTS RECEIVABLE, OTHER THAN FROM  GOODS
OR  SERVICES  SOLD, HELD BY THE REPORTING INDIVIDUAL AT THE CLOSE OF THE
TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING AND OTHER  DEBTS
OWED  TO SUCH INDIVIDUAL AT THE CLOSE OF THE TAXABLE YEAR LAST OCCURRING
PRIOR TO THE DATE OF FILING, IN EXCESS OF $500, INCLUDING  THE  NAME  OF
THE  DEBTOR,  TYPE OF OBLIGATION, DATE DUE AND THE NATURE OF THE COLLAT-
ERAL SECURING PAYMENT OF EACH, IF  ANY,  EXCLUDING  SECURITIES  REPORTED
ABOVE.  DEBTS, NOTES AND ACCOUNTS RECEIVABLE OWED TO THE INDIVIDUAL BY A
RELATIVE SHALL NOT BE REPORTED.
NAME OF   TYPE OF   DATE      NATURE OF              CATEGORY OF
DEBTOR   OBLIGATION   DUE       COLLATERAL          AMOUNT (IN TABLE II)
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15. LIST BELOW ALL LIABILITIES OF  THE  REPORTING  INDIVIDUAL  AND  SUCH
INDIVIDUAL'S  SPOUSE,  IN  EXCESS  OF $2,500 AS OF THE DATE OF FILING OF
THIS STATEMENT, OTHER THAN  LIABILITIES  TO  A  RELATIVE.  DO  NOT  LIST
LIABILITIES INCURRED BY, OR GUARANTEES MADE BY, THE REPORTING INDIVIDUAL
OR  SUCH  INDIVIDUAL'S  SPOUSE  OR BY ANY PROPRIETORSHIP, PARTNERSHIP OR
CORPORATION IN WHICH  THE  REPORTING  INDIVIDUAL  OR  SUCH  INDIVIDUAL'S
SPOUSE  HAS AN INTEREST, WHEN INCURRED OR MADE IN THE ORDINARY COURSE OF
THE TRADE, BUSINESS OR PROFESSIONAL PRACTICE OF THE REPORTING INDIVIDUAL
OR SUCH INDIVIDUAL'S SPOUSE. INCLUDE THE NAME OF THE  CREDITOR  AND  ANY
COLLATERAL  PLEDGED  BY  SUCH  INDIVIDUAL  TO SECURE PAYMENT OF ANY SUCH
LIABILITY. A REPORTING INDIVIDUAL SHALL NOT LIST ANY OBLIGATION  TO  PAY
MAINTENANCE  IN  CONNECTION  WITH A MATRIMONIAL ACTION, ALIMONY OR CHILD
SUPPORT PAYMENTS. ANY LOAN ISSUED IN THE ORDINARY COURSE OF BUSINESS  BY
A  FINANCIAL  INSTITUTION TO FINANCE EDUCATIONAL COSTS, THE COST OF HOME
PURCHASE OR IMPROVEMENTS  FOR  A  PRIMARY  OR  SECONDARY  RESIDENCE,  OR
PURCHASE  OF  A  PERSONALLY  OWNED MOTOR VEHICLE, HOUSEHOLD FURNITURE OR
APPLIANCES SHALL BE EXCLUDED. IF ANY SUCH REPORTABLE LIABILITY HAS  BEEN
GUARANTEED  BY ANY THIRD PERSON, LIST THE LIABILITY AND NAME THE GUARAN-
TOR.
CATEGORY
NAME OF CREDITOR    TYPE              COLLATERAL,    CATEGORY OF
OR GUARANTOR        OF LIABILITY OF     IF ANY     AMOUNT (IN TABLE II)

S. 5901--A                          8

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THE REQUIREMENTS OF LAW RELATING TO THE REPORTING OF FINANCIAL INTERESTS
ARE  IN  THE  PUBLIC  INTEREST  AND NO ADVERSE INFERENCE OF UNETHICAL OR
ILLEGAL CONDUCT OR BEHAVIOR WILL BE DRAWN MERELY  FROM  COMPLIANCE  WITH
THESE REQUIREMENTS.
  (SIGNATURE OF REPORTING INDIVIDUAL) DATE (MONTH/DAY/YEAR)
TABLE I
     CATEGORY A NONE
     CATEGORY B $ 1 TO UNDER $ 1,000
     CATEGORY C $ 1,000 TO UNDER $ 5,000
     CATEGORY D $ 5,000 TO UNDER $ 20,000
     CATEGORY E $ 20,000 TO UNDER $ 50,000
     CATEGORY F $ 50,000 TO UNDER $ 75,000
     CATEGORY G $ 75,000 TO UNDER $ 100,000
     CATEGORY H $ 100,000 TO UNDER $ 150,000
     CATEGORY I $ 150,000 TO UNDER $ 250,000
     CATEGORY J $ 250,000 TO UNDER $ 350,000
     CATEGORY K $ 350,000 TO UNDER $ 450,000
     CATEGORY L $ 450,000 TO UNDER $ 550,000
     CATEGORY M $ 550,000 TO UNDER $ 650,000
     CATEGORY N $ 650,000 TO UNDER $ 750,000
     CATEGORY O $ 750,000 TO UNDER $ 850,000
     CATEGORY P $ 850,000 TO UNDER $ 950,000
     CATEGORY Q $ 950,000 TO UNDER $ 1,050,000
     CATEGORY R $ 1,050,000 TO UNDER $ 1,150,000
     CATEGORY S $1,150,000 TO UNDER $1,250,000
     CATEGORY T $1,250,000 TO UNDER $1,350,000
     CATEGORY U $1,350,000 TO UNDER $1,450,000
     CATEGORY V $1,450,000 TO UNDER $1,550,000
     CATEGORY W $1,550,000 TO UNDER $1,650,000
     CATEGORY X $1,650,000 TO UNDER $1,750,000
     CATEGORY Y $1,750,000 TO UNDER $1,850,000
     CATEGORY Z $1,850,000 TO UNDER $1,950,000
     CATEGORY AA $1,950,000 TO UNDER $2,050,000
     CATEGORY BB $2,050,000 TO UNDER $2,150,000
     CATEGORY CC $2,150,000 TO UNDER $2,250,000
     CATEGORY DD $2,250,000 TO UNDER $2,350,000
     CATEGORY EE $2,350,000 TO UNDER $2,450,000
     CATEGORY FF $2,450,000 TO UNDER $2,550,000
     CATEGORY GG $2,550,000 TO UNDER $2,650,000
     CATEGORY HH $2,650,000 TO UNDER $2,750,000
     CATEGORY II $2,750,000 TO UNDER $2,850,000
     CATEGORY JJ $2,850,000 TO UNDER $2,950,000
     CATEGORY KK $2,950,000 TO UNDER $3,050,000
     CATEGORY LL $3,050,000 TO UNDER $3,150,000
     CATEGORY MM $3,150,000 TO UNDER $3,250,000
     CATEGORY NN $3,250,000 TO UNDER $3,350,000
     CATEGORY OO $3,350,000 TO UNDER $3,450,000
     CATEGORY PP $3,450,000 TO UNDER $3,550,000
     CATEGORY QQ $3,550,000 TO UNDER $3,650,000
     CATEGORY RR $3,650,000 TO UNDER $3,750,000
     CATEGORY SS $3,750,000 TO UNDER $3,850,000
     CATEGORY TT $3,850,000 TO UNDER $3,950,000

S. 5901--A                          9

     CATEGORY UU $3,950,000 TO UNDER $4,050,000
     CATEGORY VV $4,050,000 TO UNDER $4,150,000
     CATEGORY WW $4,150,000 TO UNDER $4,250,000
     CATEGORY XX $4,250,000 TO UNDER $4,350,000
     CATEGORY YY $4,350,000 TO UNDER $4,450,000
     CATEGORY ZZ $4,450,000 TO UNDER $4,550,000
     CATEGORY AAA $4,550,000 TO UNDER $4,650,000
     CATEGORY BBB $4,650,000 TO UNDER $4,750,000
     CATEGORY CCC $4,750,000 TO UNDER $4,850,000
     CATEGORY DDD $4,850,000 TO UNDER $4,950,000
     CATEGORY EEE $4,950,000 TO UNDER $5,050,000
     CATEGORY FFF $5,050,000 TO UNDER $5,150,000
     CATEGORY GGG $5,150,000 TO UNDER $5,250,000
     CATEGORY HHH $5,250,000 TO UNDER $5,350,000
     CATEGORY III $5,350,000 TO UNDER $5,450,000
     CATEGORY JJJ $5,450,000 TO UNDER $5,550,000
     CATEGORY KKK $5,550,000 TO UNDER $5,650,000
     CATEGORY LLL $5,650,000 TO UNDER $5,750,000
     CATEGORY MMM $5,750,000 TO UNDER $5,850,000
     CATEGORY NNN $5,850,000 TO UNDER $5,950,000
     CATEGORY OOO $5,950,000 TO UNDER $6,050,000
     CATEGORY PPP $6,050,000 TO UNDER $6,150,000
     CATEGORY QQQ $6,150,000 TO UNDER $6,250,000
     CATEGORY RRR $6,250,000 TO UNDER $6,350,000
     CATEGORY SSS $6,350,000 TO UNDER $6,450,000
     CATEGORY TTT $6,450,000 TO UNDER $6,550,000
     CATEGORY UUU $6,550,000 TO UNDER $6,650,000
     CATEGORY VVV $6,650,000 TO UNDER $6,750,000
     CATEGORY WWW $6,750,000 TO UNDER $6,850,000
     CATEGORY XXX $6,850,000 TO UNDER $6,950,000
     CATEGORY YYY $6,950,000 TO UNDER $7,050,000
     CATEGORY ZZZ $7,050,000 TO UNDER $7,150,000
     CATEGORY AAAA $7,150,000 TO UNDER $7,250,000
     CATEGORY BBBB $7,250,000 TO UNDER $7,350,000
     CATEGORY CCCC $7,350,000 TO UNDER $7,450,000
     CATEGORY DDDD $7,450,000 TO UNDER $7,550,000
     CATEGORY EEEE $7,550,000 TO UNDER $7,650,000
     CATEGORY FFFF $7,650,000 TO UNDER $7,750,000
     CATEGORY GGGG $7,750,000 TO UNDER $7,850,000
     CATEGORY HHHH $7,850,000 TO UNDER $7,950,000
     CATEGORY IIII $7,950,000 TO UNDER $8,050,000
     CATEGORY JJJJ $8,050,000 TO UNDER $8,150,000
     CATEGORY KKKK $8,150,000 TO UNDER $8,250,000
     CATEGORY LLLL $8,250,000 TO UNDER $8,350,000
     CATEGORY MMMM $8,350,000 TO UNDER $8,450,000
     CATEGORY NNNN $8,450,000 TO UNDER $8,550,000
     CATEGORY OOOO $8,550,000 TO UNDER $8,650,000
     CATEGORY PPPP $8,650,000 TO UNDER $8,750,000
     CATEGORY QQQQ $8,750,000 TO UNDER $8,850,000
     CATEGORY RRRR $8,850,000 TO UNDER $8,950,000
     CATEGORY SSSS $8,950,000 TO UNDER $9,050,000
     CATEGORY TTTT $9,050,000 TO UNDER $9,150,000
     CATEGORY UUUU $9,150,000 TO UNDER $9,250,000
     CATEGORY VVVV $9,250,000 TO UNDER $9,350,000
     CATEGORY WWWW $9,350,000 TO UNDER $9,450,000
     CATEGORY XXXX $9,450,000 TO UNDER $9,550,000

S. 5901--A                         10

     CATEGORY YYYY $9,550,000 TO UNDER $9,650,000
     CATEGORY ZZZZ $9,650,000 TO UNDER $9,750,000
     CATEGORY AAAAA $9,750,000 TO UNDER $9,850,000
     CATEGORY BBBBB $9,850,000 TO UNDER $9,950,000
     CATEGORY CCCCC $9,950,000 TO UNDER $10,000,000
     CATEGORY DDDDD $10,000,000 OR OVER
TABLE II
     CATEGORY A NONE
     CATEGORY B $1 TO UNDER $1,000
     CATEGORY C $1,000 TO UNDER $5,000
     CATEGORY D $5,000 TO UNDER $20,000
     CATEGORY E $20,000 TO UNDER $50,000
     CATEGORY F $50,000 TO UNDER $75,000
     CATEGORY G $75,000 TO UNDER $100,000
     CATEGORY H $100,000 TO UNDER $150,000
     CATEGORY I $150,000 TO UNDER $250,000
     CATEGORY J $250,000 TO UNDER $500,000
     CATEGORY K $500,000 TO UNDER $750,000
     CATEGORY L $750,000 TO UNDER $1,000,000
     CATEGORY M $1,000,000 TO UNDER $1,250,000
     CATEGORY N $1,250,000 TO UNDER $1,500,000
     CATEGORY O $1,500,000 TO UNDER $1,750,000
     CATEGORY P $1,750,000 TO UNDER $2,000,000
     CATEGORY Q $2,000,000 TO UNDER $2,250,000
     CATEGORY R $2,250,000 TO UNDER $2,500,000
     CATEGORY S $2,500,000 TO UNDER $2,750,000
     CATEGORY T $2,750,000 TO UNDER $3,000,000
     CATEGORY U $3,000,000 TO UNDER $3,250,000
     CATEGORY V $3,250,000 TO UNDER $3,500,000
     CATEGORY W $3,500,000 TO UNDER $3,750,000
     CATEGORY X $3,750,000 TO UNDER $4,000,000
     CATEGORY Y $4,000,000 TO UNDER $4,250,000
     CATEGORY Z $4,250,000 TO UNDER $4,500,000
     CATEGORY AA $4,500,000 TO UNDER $4,750,000
     CATEGORY BB $4,750,000 TO UNDER $5,000,000
     CATEGORY CC $5,000,000 TO UNDER $5,250,000
     CATEGORY DD $5,250,000 TO UNDER $5,500,000
     CATEGORY EE $5,500,000 TO UNDER $5,750,000
     CATEGORY FF $5,750,000 TO UNDER $6,000,000
     CATEGORY GG $6,000,000 TO UNDER $6,250,000
     CATEGORY HH $6,250,000 TO UNDER $6,500,000
     CATEGORY II $6,500,000 TO UNDER $6,750,000
     CATEGORY JJ $6,750,000 TO UNDER $7,000,000
     CATEGORY KK $7,000,000 TO UNDER $7,250,000
     CATEGORY LL $7,250,000 TO UNDER $7,500,000
     CATEGORY MM $7,500,000 TO UNDER $7,750,000
     CATEGORY NN $7,750,000 TO UNDER $8,000,000
     CATEGORY OO $8,000,000 TO UNDER $8,250,000
     CATEGORY PP $8,250,000 TO UNDER $8,500,000
     CATEGORY QQ $8,500,000 TO UNDER $8,750,000
     CATEGORY RR $8,750,000 TO UNDER $9,000,000
     CATEGORY SS $9,000,000 TO UNDER $9,250,000
     CATEGORY TT $9,250,000 TO UNDER $9,500,000
     CATEGORY UU $9,500,000 OR OVER
  4. A REPORTING INDIVIDUAL WHO KNOWINGLY AND WILLFULLY FAILS TO FILE AN
ANNUAL  STATEMENT OF FINANCIAL DISCLOSURE OR WHO KNOWINGLY AND WILLFULLY

S. 5901--A                         11

WITH INTENT TO DECEIVE MAKES A  FALSE  STATEMENT  OR  GIVES  INFORMATION
WHICH  SUCH  INDIVIDUAL KNOWS TO BE FALSE ON SUCH STATEMENT OF FINANCIAL
DISCLOSURE FILED PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO  A  CIVIL
PENALTY  IN  AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS.  ASSESSMENT
OF A CIVIL PENALTY HEREUNDER SHALL BE MADE BY THE BOARD.
  THE BOARD MAY IN LIEU OF OR IN ADDITION TO A CIVIL  PENALTY,  REFER  A
VIOLATION  TO  THE  APPROPRIATE PROSECUTOR AND UPON SUCH CONVICTION, BUT
ONLY AFTER SUCH REFERRAL, SUCH VIOLATION SHALL BE PUNISHABLE AS A  CLASS
A MISDEMEANOR. A CIVIL PENALTY FOR FALSE FILING MAY NOT BE IMPOSED HERE-
UNDER  IN THE EVENT A CATEGORY OF "VALUE" OR "AMOUNT" REPORTED HEREUNDER
IS INCORRECT UNLESS SUCH REPORTED INFORMATION  IS  FALSELY  UNDERSTATED.
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO OTHER
PENALTY, CIVIL OR CRIMINAL MAY BE IMPOSED FOR A FAILURE TO FILE, OR  FOR
A  FALSE  FILING,  OF  SUCH  STATEMENT, EXCEPT THAT THE BOARD MAY IMPOSE
DISCIPLINARY ACTION AS OTHERWISE PROVIDED BY LAW.  THE  BOARD  SHALL  BE
DEEMED  TO BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE
ADMINISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT
OF ADJUDICATORY PROCEEDINGS AND APPEALS RELATING TO  THE  ASSESSMENT  OF
THE  CIVIL  PENALTIES  HEREIN  AUTHORIZED.  SUCH  RULES,  WHICH SHALL BE
SUBJECT TO THE APPROVAL REQUIREMENTS OF THE STATE ADMINISTRATIVE  PROCE-
DURE  ACT,  SHALL PROVIDE FOR DUE PROCESS PROCEDURAL MECHANISMS SUBSTAN-
TIALLY SIMILAR TO THOSE SET FORTH IN SUCH ARTICLE THREE BUT  SUCH  MECH-
ANISMS  NEED  NOT BE IDENTICAL IN TERMS OR SCOPE.  ASSESSMENT OF A CIVIL
PENALTY SHALL BE FINAL UNLESS  MODIFIED,  SUSPENDED  OR  VACATED  WITHIN
THIRTY  DAYS  OF  IMPOSITION AND UPON BECOMING FINAL SHALL BE SUBJECT TO
REVIEW AT THE  INSTANCE  OF  THE  AFFECTED  REPORTING  INDIVIDUAL  IN  A
PROCEEDING   COMMENCED   AGAINST   THE   BOARD,   PURSUANT   TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  5. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  OR  ANY  PROFESSIONAL
DISCIPLINARY RULE TO THE CONTRARY, THE DISCLOSURE OF THE IDENTITY OF ANY
CLIENT  OR  CUSTOMER  ON  A  REPORTING  INDIVIDUAL'S ANNUAL STATEMENT OF
FINANCIAL DISCLOSURE SHALL NOT CONSTITUTE PROFESSIONAL MISCONDUCT  OR  A
GROUND  FOR  DISCIPLINARY  ACTION OF ANY KIND, OR FORM THE BASIS FOR ANY
CIVIL OR CRIMINAL CAUSE OF ACTION OR PROCEEDING.
  6. STARTING JANUARY FIRST,  TWO  THOUSAND  NINETEEN,  IN  ADDITION  TO
REQUIREMENTS  SET FORTH IN SECTION THIRTEEN-B OF THIS ARTICLE, EXAMINERS
MUST: (A) TREAT FIFTY PATIENTS PER YEAR; (B) TREAT TEN  INJURED  WORKERS
PER  YEAR;  (C)  PERFORM TWENTY-FOUR CREDIT HOURS OF CONTINUING EXAMINER
EDUCATION PER YEAR, SIX  HOURS  OF  WHICH  MUST  FOCUS  ON  PROFESSIONAL
ETHICS;  AND  (D)  REGISTER WITH THE BOARD ANNUALLY AND SUBMIT AN ANNUAL
REGISTRATION FEE OF FIVE HUNDRED DOLLARS.
  7. (A) PURSUANT TO THE  STATE  ADMINISTRATIVE  PROCEDURE  LAW,  ON  OR
BEFORE  JANUARY  FIRST, TWO THOUSAND SIXTEEN, THE CHAIR SHALL PROMULGATE
REGULATIONS  ESTABLISHING  A  STATEWIDE  CONTINUING  EXAMINER  EDUCATION
PROGRAM.
  (B)  ALL  CONTINUING  EXAMINER  EDUCATION  COURSES  MUST BE ORGANIZED,
TAUGHT AND ADMINISTERED BY BOARD STAFF WITH  EXPERTISE  IN  THE  SUBJECT
MATTER OF THE COURSE.
  (C) COURSES MUST BE PERFORMED AND ATTENDED IN-PERSON.
  (D) COURSES MUST ADDRESS ONE OR MORE OF THE FOLLOWING TOPICS:  PROFES-
SIONAL  RESPONSIBILITY,  ETHICS AND TECHNOLOGICAL ADVANCEMENTS IN TREAT-
MENT OF INJURED WORKERS.
  8. (A) THERE IS HEREBY ESTABLISHED IN THE WORKERS' COMPENSATION  BOARD
AN OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
  (B)  THE  OFFICE  SHALL  BE  ADMINISTERED  BY AN INDEPENDENT INSPECTOR
GENERAL. ON OR BEFORE JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE INSPEC-

S. 5901--A                         12

TOR GENERAL SHALL BE APPOINTED BY THE  GOVERNOR,  WITH  THE  ADVICE  AND
CONSENT  OF  THE  SENATE.  THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR
GENERAL SHALL SERVE FOR A TERM OF TWELVE YEARS. THE INDEPENDENT  MEDICAL
EXAMINATION  INSPECTOR  GENERAL  SHALL  RECEIVE  AN ANNUAL SALARY OF ONE
HUNDRED FIFTY THOUSAND DOLLARS AND MAY NOT  HOLD  ANY  OTHER  OFFICE  OR
POSITION OR ENGAGE IN OTHER EMPLOYMENT.
  (C)  FEES,  ASSESSMENTS, FINES AND PENALTIES PAID PURSUANT TO SUBDIVI-
SIONS FOUR, SIX AND NINE OF THIS SECTION SHALL BE COLLECTED BY THE BOARD
AND MAINTAINED IN A DEDICATED FUND TO BE USED AS THE  OPERATING  REVENUE
OF  THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
THE CHAIR SHALL PROVIDE ADDITIONAL REVENUE AS NECESSARY TO CARRY OUT THE
RESPONSIBILITIES OF THE OFFICE.
  (D) THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINER  INSPECTOR  GENERAL
SHALL: (I) ENFORCE ANNUAL REGISTRATION AND FINANCIAL DISCLOSURE REQUIRE-
MENTS  PURSUANT  TO  THIS  SECTION;  (II)  COLLECT, REVIEW AND AGGREGATE
INFORMATION CONTAINED IN ANNUAL FINANCIAL DISCLOSURE  STATEMENTS;  (III)
PERIODICALLY  AUDIT EXAMINERS AND INDEPENDENT MEDICAL EXAMINATION ORGAN-
IZATIONS TO VERIFY THE  VERACITY  OF  INFORMATION  CONTAINED  IN  ANNUAL
AUDITS  AND  TO  VERIFY  COMPLIANCE  WITH  CONTINUING EXAMINER EDUCATION
REQUIREMENTS; (IV) INVESTIGATE CONFLICTS OF  INTEREST,  MALFEASANCE  AND
NONFEASANCE IN CONNECTION WITH INDEPENDENT MEDICAL EXAMINATIONS; AND (V)
REPORT  ANNUALLY  TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND
SPEAKER OF THE ASSEMBLY ON THE USE OF INDEPENDENT MEDICAL  EXAMINATIONS,
ON  INDIVIDUAL  INVESTIGATIONS  AND  RECOMMEND  REGULATORY AND STATUTORY
CHANGES.
  9. FOR EACH INDEPENDENT MEDICAL EXAMINATION ORDERED OR REQUESTED BY  A
CARRIER  OR  THE STATE FUND AND PERFORMED BY AN EXAMINER, THE CARRIER OR
STATE FUND SHALL PAY AN ASSESSMENT OF FIFTY DOLLARS TO THE BOARD  WITHIN
SEVEN  DAYS  OF  THE  DATE  OF THE EXAMINATION. SUCH ASSESSMENT SHALL BE
MAINTAINED BY THE BOARD IN A DEDICATED FUND FOR THE PURPOSE  OF  FUNDING
THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
  S  7.  Section  13-f  of  the  workers' compensation law is amended by
adding a new subdivision 3 to read as follows:
  (3) THE CHAIR SHALL IMMEDIATELY CONDUCT A STUDY TO ANALYZE THE  AVAIL-
ABILITY  AND  QUALITY  OF  CARE  FOR INJURED WORKERS BASED ON SPECIALTY,
PRACTICE AREA AND GEOGRAPHICAL REGION OF THE STATE. THE RESULTS OF  THAT
STUDY   SHALL   BE   RELEASED  TO  THE  PUBLIC  ON  OR  BEFORE  DECEMBER
THIRTY-FIRST, TWO THOUSAND SIXTEEN. WHERE CERTAIN  GEOGRAPHICAL  REGIONS
OF THE STATE ARE UNDERSERVED BY AUTHORIZED PROVIDERS IN A SPECIALTY, THE
CHAIR  SHALL  DEVISE  AND  IMPLEMENT A COURSE OF ACTION TO ATTRACT ADDI-
TIONAL PROVIDERS OF  THAT  SPECIFIC  SPECIALTY  TO  PARTICIPATE  IN  THE
SYSTEM.  THIS  COURSE  OF  ACTION  SHALL INCLUDE, BUT IS NOT LIMITED TO,
INCREASING MEDICAL REIMBURSEMENT RATES FOR SPECIALTY SERVICES IN REGIONS
WHERE PARTICIPATING PROVIDERS OF SUCH SERVICES ARE SCARCE, REGARDLESS OF
OVERALL INCREASE OF COST TO THE SYSTEM.
  S 8. Section 13-g of the  workers'  compensation  law  is  amended  by
adding a new subdivision 1-a to read as follows:
  (1-A) WHERE AN EMPLOYER OR CARRIER EXHIBITS A PATTERN OF CONTROVERTING
MEDICAL BILLS ON THE FORTY-FIFTH DAY FOLLOWING RENDERING, THERE SHALL BE
A PRESUMPTION THAT SUCH CONTROVERSION IS FRIVOLOUS AND UNFOUNDED. IF THE
EMPLOYER  OR  CARRIER  FAILS  TO  PROVIDE  CLEAR AND CONVINCING EVIDENCE
REBUTTING THIS PRESUMPTION, THE CARRIER OR EMPLOYER MUST PAY THE BILL AS
IF NOTICE OF CONTROVERSION HAS NOT BEEN PROVIDED.  FOR THE  PURPOSES  OF
THIS  SECTION, A PATTERN OF CONTROVERSION ON THE FORTY-FIFTH DAY FOLLOW-
ING RENDERING EXISTS WHERE WITHIN THE PAST SIX MONTHS, FIVE  PERCENT  OR
MORE  OF  AN  EMPLOYER OR CARRIER'S MEDICAL BILL CONTROVERSIONS OCCUR ON

S. 5901--A                         13

THE FORTY-FIFTH DAY FOLLOWING RENDERING.  THE  CHAIR  SHALL  MAINTAIN  A
LIST, TO BE PUBLISHED ON THE BOARD'S WEBSITE AND TO BE UPDATED DAILY, OF
EMPLOYERS  AND  CARRIERS  WHOSE CONTROVERSION PRACTICES QUALIFY THEM FOR
SUCH PRESUMPTION.
  S  9.  Subdivision 3 of section 13-n of the workers' compensation law,
as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
follows:
  3.  The  chair,  upon  finding that an EXAMINER OR entity that derives
income from independent medical examinations has materially  altered  an
independent  medical  examination  report, or caused such a report to be
materially altered, [may] SHALL revoke THE AUTHORIZATION OF SUCH EXAMIN-
ER OR the registration of such entity, impose a penalty [not  exceeding]
OF  AT  LEAST  ten thousand dollars and refer the matter to the attorney
general for prosecution.
  S 10. Subdivision 5 of section 14 of the workers' compensation law, as
amended by chapter 730 of the laws  of  1978,  is  amended  to  read  as
follows:
  5. If it be established that the injured employee was under the age of
[twenty-five]  THIRTY-FIVE  when injured, OR WAS ACCEPTED TO OR ENROLLED
IN AN APPRENTICESHIP TRAINING PROGRAM APPROVED BY  THE  COMMISSIONER  OF
LABOR  PURSUANT TO ARTICLE TWENTY-THREE OF THE LABOR LAW, and that under
normal conditions his OR HER wages would be expected to  increase,  that
fact  [may] SHALL be considered in arriving at his OR HER average weekly
wages.
  S 11. The section heading of section 14-a of the workers' compensation
law, as amended by chapter 142 of the laws of 1947, is amended  to  read
as follows:
  Double compensation and death benefits when [minors] WORKERS illegally
employed.
  S  12. Subdivision 1 of section 14-a of the workers' compensation law,
as amended by chapter 67 of the laws of 1983,  is  amended  to  read  as
follows:
  1.  Compensation,  death  benefits,  and awards to the commissioner of
taxation and finance in accordance  with  subdivision  nine  of  section
fifteen and section twenty-five-a, as provided in this article, shall be
double  the amount otherwise payable if the injured employee at the time
of the accident is [a minor employed,] permitted or suffered to work  in
violation of any provision of the labor law or in violation of [any rule
heretofore  or  hereafter  adopted by the board of standards and appeals
pursuant to subdivision four of section one hundred thirty-three of said
law] MUNICIPAL, COUNTY, STATE OR FEDERAL STATUTE, RULE OR REGULATION.
  An employer who knowingly permits or suffers a  newspaper  carrier  to
work  in  violation  of  section  thirty-two hundred twenty-eight of the
education law, shall be liable for the increased awards provided by this
section.
  S 13. 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

S. 5901--A                         14

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 compensation by
engaging in business or employment  provided  his  OR  HER  earnings  or
wages,  when  combined  with his 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
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 14. Subdivision 3 of section 15 of the  workers'  compensation  law,
paragraph  e  as  amended  by  chapter 317 and paragraph f as amended by
chapter 320 of the laws of 1924, paragraph m as amended by  chapter  554
of  the  laws of 1927, paragraph o as amended by chapter 754 of the laws
of 1928, paragraph q as amended by chapter 661  of  the  laws  of  1935,
paragraph  s  as amended by chapter 204 of the laws of 1988, paragraph t
as amended by chapter 774 of the laws of 1945, subparagraphs 1 and 2  of
paragraph  t  as amended by chapter 924 of the laws of 1990, paragraph u
as amended by chapter 351 of the laws of 2009, paragraph v as amended by
chapter 364 of the laws of 1989 and paragraph w as amended by chapter  6
of the laws of 2007, is amended to read as follows:
  3.  Permanent  partial  disability.  In  case of disability partial in
character but permanent in quality the compensation shall  be  sixty-six
and  two-thirds per centum of the average weekly wages and shall be paid
to the employee for the period named in this subdivision, as follows:
                                                            Number of
Member lost                                          weeks' compensation
a. Arm ........................................................... [312]
                                                                    624
b. Leg ........................................................... [288]
                                                                    576
c. Hand .......................................................... [244]
                                                                    488
d. Foot .......................................................... [205]
                                                                    410
e. eye ........................................................... [160]
                                                                    320
f. Thumb .......................................................... [75]
                                                                    150
g. First finger ................................................... [46]
                                                                     92
h. Great toe ...................................................... [38]
                                                                     76
i. Second finger .................................................. [30]
                                                                     60
j. Third finger ................................................... [25]
                                                                     50
k. Toe other than great toe ....................................... [16]
                                                                     32

S. 5901--A                         15

l. Fourth finger .................................................. [15]
                                                                     30
  m.  Loss of hearing. Compensation for the complete loss of the hearing
of one ear, for [sixty] ONE HUNDRED TWENTY weeks, for the loss of  hear-
ing of both ears, for [one hundred and fifty] THREE HUNDRED weeks.
  n. Phalanges. Compensation for the loss of [more than] one phalange of
a digit shall be the same as for loss of the entire digit. [Compensation
for loss of the first phalange shall be one-half of the compensation for
loss of the entire digit.]
  o. Amputated arm or leg. Compensation for an arm or a leg, if amputat-
ed  at or above the wrist or ankle, shall be for the [proportionate loss
of the] ENTIRE arm or leg.
  p. Binocular vision or per centum of vision. Compensation for loss  of
binocular  vision or for [eighty] FIFTY per centum or more of the vision
of an eye shall be the same as for loss of the eye.
  q. Two or more digits. Compensation for loss or loss of use of two  or
more  digits,  or one or more phalanges of two or more digits, of a hand
or foot [may be proportioned to the loss of use  of  the  hand  or  foot
occasioned  thereby  but  shall not exceed] SHALL EQUAL the compensation
for loss of a hand or foot.
  r. Total loss of use. Compensation for permanent total loss of use  of
a member shall be the same as for loss of the member.
  s.  Partial  loss  or  partial loss of use. Compensation for permanent
partial loss or loss of use of a member may be for proportionate loss or
loss of use of the member. Compensation for permanent  partial  loss  or
loss  of use of an eye shall be awarded on the basis of uncorrected loss
of vision or corrected loss of vision resulting from an injury whichever
is the greater.
  t. Disfigurement. 1. The board [may] SHALL award proper and  equitable
compensation  for  serious [facial or head] disfigurement, not to exceed
[twenty] FIVE  HUNDRED  thousand  dollars[,  including  a  disfigurement
continuous  in  length  which  is  partially in the facial area and also
extends into the neck region as described in paragraph two hereof].
  2. The board, if in its opinion the earning capacity  of  an  employee
has  been  or  may in the future be impaired, may award compensation for
any serious disfigurement [in the region  above  the  sterno  clavicular
articulations  anterior to and including the region of the sterno cleido
mastoid muscles on either side], but no award under subdivisions one and
two OF THIS SECTION  shall,  in  the  aggregate,  exceed  [twenty]  FIVE
HUNDRED thousand dollars.
  [3.  Notwithstanding  any  other provision hereof, two or more serious
disfigurements, not continuous in length, resulting from the same  inju-
ry,  if partially in the facial area and partially in the neck region as
described in paragraph two hereof,  shall  be  deemed  to  be  a  facial
disfigurement.]
  u.  Total  or  partial  loss or loss of use of more than one member or
parts of members. In any case in which there shall be a loss or loss  of
use  of  more than one member or parts of more than one member set forth
in paragraphs a through t,  inclusive,  of  this  subdivision,  but  not
amounting  to  permanent total disability, the board shall award compen-
sation for the loss or loss of use of each such member or part  thereof,
which  awards shall be fully payable in one lump sum upon the request of
the injured employee.
  v. Additional compensation for impairment of wage earning capacity  in
certain   permanent  partial  disabilities.  Notwithstanding  any  other
provision of this subdivision, [additional] compensation shall be  paya-

S. 5901--A                         16

ble  for  impairment  of wage earning capacity [for any period after the
termination of an award], DURING THE ENTIRE PERIOD OF  SUCH  IMPAIRMENT,
REGARDLESS  OF  WHETHER AN AWARD WAS MADE under paragraphs a, b, c, [or]
d, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, OR U of this subdivi-
sion  for  the  loss or PROPORTIONAL loss of use of [fifty per centum or
more of] a member, provided such impairment of earning capacity shall be
due solely thereto. Such [additional] compensation shall  be  determined
in  accordance  with  paragraph  w  of this subdivision. [The additional
compensation shall be reduced by fifty per centum of any amount of disa-
bility benefits which the disabled employee is receiving or entitled  to
receive  for  the  same  period under the social security act, and shall
cease on the date the disabled  employee  receives  or  is  entitled  to
receive  old-age  insurance  benefits under the social security act.] As
soon as practicable after the injury, the worker shall  be  required  to
participate  in  a  board approved rehabilitation program; or shall have
demonstrated cooperation with efforts to institute such a board approved
program and shall have been determined by the board not to be a feasible
candidate  for  rehabilitation;  such  rehabilitation  shall  constitute
treatment and care as provided in this chapter.
  w.  Other  cases.  In all other cases of permanent partial disability,
the compensation shall  be  sixty-six  and  two-thirds  percent  of  the
difference  between  the injured employee's average weekly wages and his
or her wage-earning capacity thereafter in the same employment or other-
wise.  Compensation under this paragraph shall  be  payable  during  the
continuance  of such permanent partial disability, but subject to recon-
sideration of the degree of such impairment by  the  board  on  its  own
motion  or  upon  application  of  any  party  in interest [however, all
compensation payable under this paragraph  shall  not  exceed  (i)  five
hundred  twenty-five  weeks  in  cases in which the loss of wage-earning
capacity is greater than ninety-five percent; (ii) five hundred weeks in
cases in which the loss of wage-earning capacity is greater than  ninety
percent but not more than ninety-five percent; (iii) four hundred seven-
ty-five  weeks  in  cases  in which the loss of wage-earning capacity is
greater than eighty-five percent but not more than ninety percent;  (iv)
four  hundred  fifty  weeks  in  cases in which the loss of wage-earning
capacity is greater than eighty percent but not  more  than  eighty-five
percent;  (v)  four hundred twenty-five weeks in cases in which the loss
of wage-earning capacity is greater than seventy-five  percent  but  not
more  than eighty percent; (vi) four hundred weeks in cases in which the
loss of wage-earning capacity is greater than seventy  percent  but  not
more  than  seventy-five percent; (vii) three hundred seventy-five weeks
in cases in which the loss of  wage-earning  capacity  is  greater  than
sixty  percent  but  not more than seventy percent; (viii) three hundred
fifty weeks in cases in which  the  loss  of  wage-earning  capacity  is
greater  than  fifty percent but not more than sixty percent; (ix) three
hundred weeks in cases in which the loss  of  wage-earning  capacity  is
greater  than  forty  percent  but  not more than fifty percent; (x) two
hundred seventy-five weeks in cases in which the  loss  of  wage-earning
capacity is greater than thirty percent but not more than forty percent;
(xi)  two hundred fifty weeks in cases in which the loss of wage-earning
capacity is greater than  fifteen  percent  but  not  more  than  thirty
percent;  and  (xii) two hundred twenty-five weeks in cases in which the
loss of wage-earning capacity is fifteen  percent  or  less.  For  those
claimants  classified  as  permanently  partially disabled who no longer
receive indemnity payments because they have surpassed their  number  of
maximum benefit weeks, the following provisions will apply:

S. 5901--A                         17

  (1)  There  will be a presumption that medical services shall continue
notwithstanding the completion of the time period for  compensation  set
forth  in this section and the burden of going forward and the burden of
proof will lie with the carrier, self-insured employer or  state  insur-
ance  fund in any application before the board to discontinue or suspend
such services. Medical services will continue during the pendency of any
such application and any appeals thereto.
  (2) The board is directed to promulgate regulations that establish  an
independent  review  and  appeal  by  an  outside agent or entity of the
board's choosing of any  administrative  law  judge's  determination  to
discontinue  or suspend medical services before a final determination of
the board].
  S 15. Paragraph a of subdivision 6  of  section  15  of  the  workers'
compensation  law, as amended by section 7-a of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
  (a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting  from  an  occupational  disease  that
occurs,  (1)  on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week,  that  occurs
(2)  on  or  after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or  after
January  first,  nineteen  hundred  seventy-nine,  shall  not exceed two
hundred fifteen dollars per week, that  occurs  (4)  on  or  after  July
first,  nineteen  hundred  eighty-three,  shall  not  exceed two hundred
fifty-five dollars per week, that occurs (5) on  or  after  July  first,
nineteen  hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6)  on  or  after  July  first,  nineteen
hundred  eighty-five,  shall  not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred  ninety,  shall
not  exceed  three  hundred  forty  dollars per week; and in the case of
temporary total disability shall not be less  than  thirty  dollars  per
week  and  in  the  case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at  the
time  of  injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages.    Compen-
sation  for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs  (2)  on  or  after  July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five  dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
hundred eighty-five, shall not exceed  one  hundred  fifty  dollars  per
week,  that  occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be  less  than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his  or  her  full  weekly  wages.  In  no event shall compensation when
combined with decreased earnings or earning capacity exceed  the  amount
of  wages  which  the  employee  was  receiving  at  the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or  disa-
blement  resulting  from  an  occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to  July  first,
nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty

S. 5901--A                         18

dollars per week; (2) on or after July first, nineteen  hundred  ninety-
two,  shall  not  exceed four hundred dollars per week; nor be less than
forty dollars per week except that if the employee's wages at  the  time
of  injury  are  less  than  forty  dollars per week, the employee shall
receive his or her full wages. Compensation for permanent  or  temporary
partial  disability,  or for permanent or temporary total disability due
to an accident or disablement resulting  from  an  occupational  disease
that  occurs  (1)  on  or after July first, two thousand seven shall not
exceed five hundred dollars per week, (2) on or after  July  first,  two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on  or  after July first, two thousand nine shall not exceed six hundred
dollars per week, and (4) on or after July first, two thousand ten,  and
on  or  after  July first of each succeeding year, shall not exceed two-
thirds of the New York state average weekly wage for the year  in  which
it is reported. Compensation for permanent or temporary partial disabil-
ity,  or  for permanent or temporary total disability due to an accident
or disablement resulting from an occupational disease that occurs on  or
after  July first, two thousand seven shall not be less than one hundred
dollars per week except that if the employee's  wages  at  the  time  of
injury  are  less  than one hundred dollars per week, the employee shall
receive his or her full wages.  Compensation for permanent or  temporary
partial  disability,  or for permanent or temporary total disability due
to an accident or disablement resulting  from  an  occupational  disease
that  occurs  on  or after May first, two thousand thirteen shall not be
less than one hundred fifty dollars per week except that if the  employ-
ee's wages at the time of injury are less than one hundred fifty dollars
per  week,  the  employee  shall receive his or her full wages.  COMPEN-
SATION FOR PERMANENT OR TEMPORARY PARTIAL DISABILITY, OR  FOR  PERMANENT
OR  TEMPORARY TOTAL DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT RESULT-
ING FROM AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER  THE  EFFECTIVE
DATE  OF  THE  CHAPTER  OF THE LAWS OF TWO THOUSAND SIXTEEN THAT AMENDED
THIS PARAGRAPH SHALL NOT BE LESS THAN ONE SEVENTH OF THE NEW YORK  STATE
AVERAGE  WEEKLY  WAGE  EXCEPT  THAT  IF  THE EMPLOYEE'S WEEKLY WAGE, THE
EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. In no event shall  compen-
sation  when combined with decreased earnings or earning capacity exceed
the amount of wages the employee was receiving at the  time  the  injury
occurred. Compensation for permanent or temporary partial disability, or
for  permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease or injury  that  occurred
as  a  result  of World Trade Center rescue activity by an employee of a
private voluntary hospital,  who  passed  a  physical  examination  upon
employment as a rescue worker that failed to reveal evidence of a condi-
tion that was the proximate cause of disablement or occupational disease
or  injury,  shall  not  exceed  three-quarters  of a claimant's wage on
September eleventh, two thousand one. In  no  event  shall  compensation
when  combined  with  decreased  earnings or earning capacity exceed the
amount of wages the employee was receiving on  September  eleventh,  two
thousand one.
  S 16. Section 15 of the workers' compensation law is amended by adding
a new subdivision 10 to read as follows:
  10.  COST-OF-LIVING  ADJUSTMENTS  OF DISABILITY BENEFITS. (A) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, IN ADDITION  TO  ANY  OTHER  AMOUNT
RECEIVED  PURSUANT  TO  THIS ARTICLE AS DISABILITY BENEFITS, AN EMPLOYEE
WITH A DISABILITY OR THE BENEFICIARY DEPENDENT OF SUCH EMPLOYEE SHALL BE
ENTITLED TO AN ADDITIONAL ALLOWANCE, TO BE  KNOWN  AS  A  COST-OF-LIVING
ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.

S. 5901--A                         19

  (B)  THE  COST-OF-LIVING  ADJUSTMENT  ALLOWANCE  SHALL  BE COMPUTED BY
APPLYING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL  BE  BASED
ON TWO-THIRDS OF THE ANNUAL INCREASE IN THE CONSUMER PRICE INDEX FOR ALL
URBAN  CONSUMERS  (CPI-U) AS PROMULGATED BY THE UNITED STATES DEPARTMENT
OF LABOR.
  (C)  THIS SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH THE
RIGHT OF ANY EMPLOYEE OR  BENEFICIARY  TO  ANY  BENEFIT  TO  WHICH  SUCH
EMPLOYEE OR BENEFICIARY WOULD OTHERWISE BE ENTITLED PURSUANT TO LAW.
  S  17.  Subdivisions 1, 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
the workers' compensation law, subdivision 1 as amended by  chapter  245
of  the  laws of 2005, subdivisions 1-b, 1-c and 2 as amended by chapter
168 of the laws of 1979, subdivisions 1-d and 2-b as  added  by  chapter
689  of  the  laws of 2007, subdivision 2-a as amended by chapter 174 of
the laws of 1981, are amended to read as follows:
  1. Funeral expenses. The chair shall prepare and establish a  schedule
for  the  state  or  schedules  limited to defined localities of maximum
charges and fees for such funeral expenses, to be determined in  accord-
ance with, and to be subject to change pursuant to, rules promulgated by
the  chair.    THE  MAXIMUM CHARGES AND FEES FOR FUNERAL EXPENSES ESTAB-
LISHED IN A SCHEDULE OR SCHEDULES SHALL NOT BE LESS THAN TWELVE THOUSAND
DOLLARS. Before preparing such schedule for the state or  schedules  for
limited  localities,  the  chair  shall request the president of the New
York state funeral directors' association  to  submit  to  the  chair  a
report  on  the  amount of remuneration deemed by such association to be
fair and adequate for the types of funeral services rendered under  this
chapter,  but  consideration  shall  also be given to the views of other
interested parties.  The  amounts  payable  by  the  employer  for  such
services  shall  be the actual fees and charges up to the maximum estab-
lished by such schedule. Provided, however, no such schedule of  charges
and  fees shall apply where a firefighter dies from injuries received in
the line of duty as a direct result of firefighting or  where  a  police
officer  dies  from  injuries  received  in the line of duty as a direct
result of law enforcement activities, where such  funeral  expenses  are
reasonable.  If such funeral expenses shall have been paid by the claim-
ants entitled to compensation under  this  section  or  by  others,  the
funeral  expenses  awarded  shall  be  made payable to such claimants or
others, otherwise they shall be made payable to the undertaker who shall
have provided burial. Funeral expenses shall be awarded in case  of  all
injuries  causing  death  including  cases in which there are no persons
entitled to other compensation under this chapter.
  1-b. If there be a surviving spouse and no child of the deceased under
the age of eighteen years and no child of any  age  dependent  blind  or
physically  disabled, and the death occurs on or after July first, nine-
teen hundred forty-eight, and prior to January first,  nineteen  hundred
seventy-eight,  to  such spouse forty per centum of the average wages of
the deceased [during widowhood or widowerhood with  two  years'  compen-
sation  in one sum, upon remarriage]; and where the death occurred prior
to July first, nineteen hundred forty-eight, to such wife (or  dependent
husband) thirty per centum of such wages [during widowhood (or dependent
widowerhood) with two years' compensation in one sum, upon remarriage].
  1-c. If there be a surviving spouse and no child of the deceased under
the  age  of  eighteen  years  or under the age of twenty-three years if
enrolled and attending as a full time student in  an  accredited  educa-
tional  institution  and  such  enrollment  and  full time attendance is
certified by such institution and no child of any age dependent blind or
physically disabled, and the death occurs on  or  after  January  first,

S. 5901--A                         20

nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds
per centum of the average wages of the  deceased  [during  widowhood  or
widowerhood  with two years' compensation, in one sum, upon remarriage].
Where  the  death  occurs  on  or  after January first, nineteen hundred
seventy-eight, and the spouse is receiving the survivors insurance bene-
fits under the social security act, the death benefit payable under this
section shall be reduced in accordance with the provisions of table  No.
1  below  by  five  per  centum  of the spouse's share of the survivor's
insurance benefits under the social security act for each ten dollars of
deceased's average weekly wage in excess of one hundred dollars provided
that in no case shall such reduction exceed fifty  per  centum  of  said
spouse's  share  of  the  survivors  insurance benefits under the social
security act.
                               TABLE No. I

             Offset provisions applicable in death benefits
                 where there is a sole surviving spouse

AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                      SHARE OF SURVIVORS
                                                      INSURANCE BENEFITS

over $100 up to and including $110 ................................... 5
over $110 up to and including $120 .................................. 10
over $120 up to and including $130 .................................. 15
over $130 up to and including $140 .................................. 20
over $140 up to and including $150 .................................. 25
over $150 up to and including $160 .................................. 30
over $160 up to and including $170 .................................. 35
over $170 up to and including $180 .................................. 40
over $180 up to and including $190 .................................. 45
over $190 up to and including $200 .................................. 50
over $200 ........................................................... 50
  1-d. If there be a surviving spouse of an employee of a private volun-
tary hospital killed in a World Trade Center rescue, who passed a  phys-
ical  examination  upon  employment  as  a  rescue worker that failed to
reveal evidence of a condition that was the proximate  cause  of  death,
and  no  child of the deceased under the age of eighteen years, or under
the age of twenty-three years if enrolled and attending as  a  full-time
student in an accredited educational institution and such enrollment and
full-time  attendance  is certified by such institution, and no child of
any age dependent blind or physically disabled, to such spouse  seventy-
five  per  centum of the average wages of the deceased [during widowhood
or widowerhood, with two years' compensation, in one  sum,  upon  remar-
riage].  Where such death occurs, and the spouse is receiving the survi-
vors insurance benefits under the social security act, the death benefit
payable under this section shall  be  reduced  in  accordance  with  the
provisions  of  table No. I in subdivision one-c of this section by five
per centum of the spouse's share of the  survivor's  insurance  benefits
under the social security act for each ten dollars of deceased's average
weekly  wage  in excess of one hundred dollars; provided that in no case
shall such reduction exceed fifty per centum of such spouse's  share  of
the survivors insurance benefits under the social security act.
  2. If there be a surviving spouse and a surviving child or children of
the  deceased  under  the  age of eighteen years or a surviving child or
children of any age dependent blind  or  physically  disabled,  and  the

S. 5901--A                         21

death  occurs  on or after July first, nineteen hundred forty-eight, and
prior to January first, nineteen hundred seventy-eight, to  such  spouse
thirty per centum of the average wages of the deceased [during widowhood
or  widowerhood  with  two  years'  compensation in one sum, upon remar-
riage]; and the additional amount of twenty per centum of such wages for
each such child until the age of eighteen years or until the removal  of
the dependency of the blind or physically disabled child or children; in
case  of  the  subsequent death [or remarriage] of such surviving spouse
any surviving child of the deceased employee, at the time under eighteen
years of age or dependent through mental or  physical  infirmity,  shall
have  his  OR  HER  compensation  increased to thirty per centum of such
wages, and the same shall be payable until he shall  reach  the  age  of
eighteen  years  or  until  such  dependent blind or physically disabled
condition shall have been removed; provided that the total amount  paya-
ble  shall in no case exceed sixty-six and two-thirds per centum of such
wages. Upon statutory termination of compensation payments to  all  such
children, the compensation of the surviving spouse shall be increased to
forty  per  centum  of such wages [with two years' compensation, at such
rate, in one sum, upon remarriage].
  If there be a surviving wife (or dependent husband)  and  any  of  the
aforementioned  surviving children, and the death occurred prior to July
first, nineteen hundred forty-eight, to such wife (or dependent husband)
thirty per centum of the average wages of the deceased [during widowhood
(or dependent widowerhood) with two years' compensation in one sum, upon
remarriage]; and the additional amount of ten per centum of  such  wages
for  each such child until eighteen years of age or until the removal of
the dependency of the blind or physically disabled child or children; in
case of the subsequent death [or remarriage] of such surviving wife  (or
dependent husband) any surviving child of the deceased shall have his OR
HER  compensation increased to fifteen per centum of such wages until he
shall reach the age of eighteen years or until such dependent  blind  or
physically disabled condition shall have been removed; provided that the
total  amount  payable  shall in no case exceed sixty-six and two-thirds
per centum of such wages.
  The board may in its discretion require the appointment of a  guardian
for  the  purpose  of  receiving  the compensation of a minor child or a
dependent blind or physically disabled child. In the absence of  such  a
requirement by the board the appointment of a guardian for such purposes
shall not be necessary.
  2-a.  If  there  be a surviving spouse and a surviving child under the
age of eighteen years or under the age of twenty-three years if enrolled
and attending as a full time student in an accredited educational insti-
tution and such enrollment and full time attendance is certified by such
institution or a surviving child of any age  dependent  blind  or  phys-
ically disabled and the death occurs on or after January first, nineteen
hundred  seventy-eight,  to  such  spouse  thirty-six and two-thirds per
centum of the average wages of the deceased [during widowhood or  widow-
erhood  with  two  years' compensation in one sum, upon remarriage]; and
thirty per centum of such wages to such child under the age of  eighteen
years  or  under the age of twenty-three years if enrolled and attending
as a full time student in an accredited educational institution and such
enrollment and full time attendance is certified by such institution  or
a  surviving child of any age dependent blind or physically disabled; in
the case of the subsequent death of such surviving spouse the  surviving
child  shall  have  his  OR  HER compensation increased to sixty-six and
two-thirds per centum of such wages and the same  shall  be  payable  so

S. 5901--A                         22

long as he OR SHE is under the age of eighteen years or under the age of
twenty-three  years  if enrolled and attending as a full time student in
an accredited educational institution and such enrollment and full  time
attendance  is certified by such institution or a surviving child of any
age dependent blind or physically disabled; upon  statutory  termination
of compensation payable to such child, the compensation of the surviving
spouse shall be increased to sixty-six and two-thirds per centum of such
wages  [with  two  years'  compensation,  at such rate, in one sum, upon
remarriage. Upon remarriage of  such  surviving  spouse,  the  surviving
child  shall continue to receive thirty per centum of such wages]. Where
the death occurs on or after January first,  nineteen  hundred  seventy-
eight and the spouse is receiving survivors insurance benefits under the
social  security act, the death benefit payable under this section shall
be reduced by five per centum of the spouse's  share  of  the  survivors
insurance benefits under the social security act for each ten dollars of
deceased's average weekly wage in excess of one hundred dollars provided
that  in  no  case  shall such reduction exceed fifty per centum of said
spouse's share of the survivors  insurance  benefits  under  the  social
security act as set forth in table No. I below.

                               TABLE No. I

             Offset provisions applicable in death benefits
             where there is a surviving spouse and one child

AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                      SHARE OF SURVIVORS
                                                      INSURANCE BENEFITS
over $100 up to and including $110 ................................... 5
over $110 up to and including $120 .................................. 10
over $120 up to and including $130 .................................. 15
over $130 up to and including $140 .................................. 20
over $140 up to and including $150 .................................. 25
over $150 up to and including $160 .................................. 30
over $160 up to and including $170 .................................. 35
over $170 up to and including $180 .................................. 40
over $180 up to and including $190 .................................. 45
over $190 up to and including $200 .................................. 50
over $200 ........................................................... 50
  If  there  be  a  surviving  spouse and two or more surviving children
under the age of eighteen years or under the age of  twenty-three  years
if enrolled and attending as a full time student in an accredited educa-
tional  institution  and  such  enrollment  and  full time attendance is
certified by such institution or a surviving child or  children  of  any
age  dependent  blind  or  physically  disabled and a death occurs on or
after January first, nineteen  hundred  seventy-eight,  to  such  spouse
thirty-six and two-thirds per centum of the average wage of the deceased
[during widowhood or widowerhood with two years' compensation in one sum
upon  remarriage];  and thirty per centum of such wages to such children
under the age of eighteen years or under the age of  twenty-three  years
if enrolled and attending as a full time student in an accredited educa-
tional  institution  and  such  enrollment  and  full time attendance is
certified by such institution or a surviving child or  children  of  any
age  dependent  blind  or physically disabled, share and share alike; in
case of the subsequent death of  such  surviving  spouse  the  surviving
children  shall  have their compensation increased to sixty-six and two-

S. 5901--A                         23

thirds per centum of such wages and the aggregate sum shall be  payable,
share  and  share  alike,  so long as they are under the age of eighteen
years or under the age of twenty-three years if enrolled  and  attending
as a full time student in an accredited educational institution and such
enrollment  and full time attendance is certified by such institution or
a surviving child or children of any age dependent blind  or  physically
disabled.  [Upon  remarriage  of  such surviving spouse, if there be two
surviving children each shall receive twenty-five  per  centum  of  such
wages,  and  if there are surviving more than two children under the age
of eighteen years or under the  age  of  twenty-three  if  enrolled  and
attending  as  a full time student in an accredited educational institu-
tion and such enrollment and full time attendance is certified  by  such
institution  or a surviving child or children of any age dependent blind
or physically disabled sixty-six and two-thirds per centum of such wages
share and share alike.] Upon statutory termination of compensation paya-
ble to such children, the compensation of the surviving spouse shall  be
increased to sixty-six and two-thirds per centum of such wages [with two
years'  compensation,  at such rate, in one sum, upon remarriage]. Where
the death occurs on or after January first,  nineteen  hundred  seventy-
eight,  and  the  spouse is receiving survivors insurance benefits under
the social security act, the death benefits payable under  this  section
shall  be reduced by five per centum of the spouse's share of the survi-
vors insurance benefits under the  social  security  act  for  each  ten
dollars of deceased's average weekly wage in excess of one hundred fifty
dollars  provided  that in no case shall such reduction exceed fifty per
centum of said spouse's share of the survivors insurance benefits  under
the social security act as set forth in table No. II below.

                              TABLE No. II

             Offset provisions applicable in death benefits
       where there is a surviving spouse and two or more children

AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                      SHARE OF SURVIVORS
                                                      INSURANCE BENEFITS
over $150 up to and including $160 ................................... 5
over $160 up to and including $170 .................................. 10
over $170 up to and including $180 .................................. 15
over $180 up to and including $190 .................................. 20
over $190 up to and including $200 .................................. 25
over $200 up to and including $210 .................................. 30
over $210 up to and including $220 .................................. 35
over $220 up to and including $230 .................................. 40
over $230 up to and including $240 .................................. 45
over $240 up to and including $250 .................................. 50
over $250 ........................................................... 50
  2-b. If there be a surviving spouse of an employee of a private volun-
tary  hospital killed in a World Trade Center rescue, who passed a phys-
ical examination upon employment as  a  rescue  worker  that  failed  to
reveal  evidence  of  a condition that was the proximate cause of death,
and a surviving child under the age of eighteen years, or under the  age
of  twenty-three  years if enrolled and attending as a full-time student
in an accredited educational institution and such enrollment  and  full-
time  attendance  is certified by such institution, or a surviving child
of any age dependent blind or physically disabled, to such spouse  forty

S. 5901--A                         24

per  centum  of  the  average wages of the deceased [during widowhood or
widowerhood, with two years' compensation in one sum, upon  remarriage];
and  thirty-five per centum of such wages to such child under the age of
eighteen  years,  or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited  educational  institu-
tion  and  such enrollment and full-time attendance is certified by such
institution, or a surviving child of any age dependent  blind  or  phys-
ically  disabled;  in the case of the subsequent death of such surviving
spouse the surviving child shall have his or her compensation  increased
to  seventy-five  per centum of such wages and the same shall be payable
so long as he or she is under the age of eighteen years,  or  under  the
age  of  twenty-three  years  if  enrolled  and attending as a full-time
student in an accredited educational institution and such enrollment and
full-time attendance is certified by such institution,  or  a  surviving
child  of any age dependent blind or physically disabled; upon statutory
termination of compensation payable to such child, the  compensation  of
the  surviving  spouse  shall be increased to seventy-five per centum of
such wages [with two years' compensation, at such rate, in one sum, upon
remarriage. Upon remarriage of  such  surviving  spouse,  the  surviving
child  shall  continue to receive thirty-five per centum of such wages].
Where such death occurs, and the spouse is receiving survivors insurance
benefits under the social security act, the death benefit payable  under
this  section  shall be reduced by five per centum of the spouse's share
of the survivors insurance benefits under the social  security  act  for
each  ten  dollars  of  deceased's  average weekly wage in excess of one
hundred dollars; provided that in no case shall  such  reduction  exceed
fifty per centum of such spouse's share of the survivors insurance bene-
fits under the social security act as set forth in table No. I in subdi-
vision  one-c  of  this  section.  If  there be a surviving spouse of an
employee of a private voluntary hospital killed in a World Trade  Center
rescue,  who  passed  a physical examination upon employment as a rescue
worker that failed to reveal evidence of a condition that was the proxi-
mate cause of death, and two or more surviving children under the age of
eighteen years, or under the age of twenty-three years if  enrolled  and
attending  as  a full-time student in an accredited educational institu-
tion and such enrollment and full-time attendance is certified  by  such
institution, or a surviving child or children of any age dependent blind
or  physically  disabled  and a death occurs on or after September elev-
enth, two thousand one, to such spouse forty per centum of  the  average
wage  of  the  deceased [during widowhood or widowerhood with two years'
compensation in one sum upon remarriage]; and thirty-five per centum  of
such  wages  to  such children under the age of eighteen years, or under
the age of twenty-three years if enrolled and attending as  a  full-time
student in an accredited educational institution and such enrollment and
full-time  attendance  is  certified by such institution, or a surviving
child or children of any age dependent  blind  or  physically  disabled,
share and share alike; in case of the subsequent death of such surviving
spouse the surviving children shall have their compensation increased to
seventy-five  per  centum  of  such wages and the aggregate sum shall be
payable, share and share alike, so long as they are  under  the  age  of
eighteen  years,  or under the age of twenty-three years if enrolled and
attending as a full-time student in an accredited  educational  institu-
tion  and  such enrollment and full-time attendance is certified by such
institution, or a surviving child or children of any age dependent blind
or physically disabled. [Upon remarriage of such  surviving  spouse,  if
there  be  two  surviving  children  each shall receive thirty-seven and

S. 5901--A                         25

one-half per centum of such wages, and if there are surviving more  than
two  children under the age of eighteen years, or under the age of twen-
ty-three if enrolled and attending as a full-time student in an  accred-
ited  educational  institution and such enrollment and full-time attend-
ance is certified by such institution, or a surviving child or  children
of  any  age  dependant  blind  or physically disabled, seventy-five per
centum of such wages share and share alike.] Upon statutory  termination
of  compensation  payable  to  such  children,  the  compensation of the
surviving spouse shall be increased to seventy-five per centum  of  such
wages  [with  two  years'  compensation,  at such rate, in one sum, upon
remarriage]. Where the death occurs on or after September eleventh,  two
thousand  one,  and the spouse is receiving survivors insurance benefits
under the social security act, the death  benefits  payable  under  this
section shall be reduced by five per centum of the spouse's share of the
survivors  insurance benefits under the social security act for each ten
dollars of deceased's average weekly wage in excess of one hundred fifty
dollars; provided that in no case shall such reduction exceed fifty  per
centum  of said spouse's share of the survivors insurance benefits under
the social security act as set forth in  table  No.  II  in  subdivision
two-a of this section.
  S 18. Section 16 of the workers' compensation law is amended by adding
a new subdivision 8  to read as follows:
  8.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY
OTHER AMOUNT RECEIVED PURSUANT TO THIS  ARTICLE  AS  DEATH  BENEFITS,  A
DEPENDENT  OF  A  DECEASED  EMPLOYEE  SHALL BE ENTITLED TO AN ADDITIONAL
ALLOWANCE, TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE
ANNUALLY.
  (B) THE COST-OF-LIVING ADJUSTMENT ALLOWANCE  SHALL    BE  COMPUTED  BY
APPLYING  AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING IN THE REGION WHERE
THE DECEASED EMPLOYEE LIVED AT THE TIME OF DEATH OR INITIAL  DISABILITY,
WHICHEVER  WAS  EARLIER,  AND SHALL BE BASED ON TWO-THIRDS OF THE ANNUAL
INCREASE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U)  AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
  (C)  THIS SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH THE
RIGHT OF ANY BENEFICIARY TO ANY BENEFITS TO WHICH SUCH BENEFICIARY WOULD
OTHERWISE BE ENTITLED PURSUANT TO LAW.
  S 19. Section 17 of the workers' compensation law, as amended by chap-
ter 538 of the laws of 1985, is amended to read as follows:
  S 17. Aliens. Compensation under this chapter to aliens not  residents
or about to become nonresidents of the United States or Canada AND THEIR
SURVIVING  DEPENDENTS, shall be the same in amount as provided for resi-
dents[, except that dependents in any foreign country shall  be  limited
to  surviving spouse and child or children, or, if there is no surviving
spouse or child or children, to surviving  father  or  mother  whom  the
employee  has supported, either wholly or in part, for the period of one
year prior to the date of the accident].
  S 20. Section 21 of the workers' compensation law,  subdivision  5  as
amended  by  chapter  268  of  the  laws  of 1946, is amended to read as
follows:
  S 21. Presumptions. In any proceeding for the enforcement of  a  claim
for compensation under this chapter, it shall be presumed in the absence
of substantial evidence to the contrary:
  1. That the claim comes within the provision of this chapter[;].
  2. That sufficient notice thereof was given[;].

S. 5901--A                         26

  3.  That the injury was not occasioned by the willful intention of the
injured employee to bring about the injury or death  of  himself  or  of
another[;].
  4.  That the injury did not result solely from the intoxication of the
injured employee while on duty.
  5. That the contents of medical and  surgical  reports  introduced  in
evidence  by  claimants  for  compensation  shall constitute prima facie
evidence of fact as to the matter contained therein.
  6. THAT AN INJURED WORKER WHOSE EMPLOYER HAS NOT OFFERED  HER  OR  HIM
REEMPLOYMENT HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR MARKET.
  S  21.  Section  23  of  the  workers' compensation law, as amended by
section 10 of part GG of chapter 57 of the laws of 2013, is  amended  to
read as follows:
  S  23.  Appeals.  An award or decision of the board shall be final and
conclusive upon all questions within its jurisdiction,  as  against  the
state fund or between the parties, unless reversed or modified on appeal
therefrom  as  hereinafter  provided.  Any  party may within thirty days
after notice of the filing of an award or decision of  a  referee,  file
with  the  board an application in writing for a modification or rescis-
sion or review of such award or decision, as provided in  this  chapter.
The board shall render its decision upon such application in writing and
shall include in such decision a statement of the facts which formed the
basis  of its action on the issues raised before it on such application.
Within thirty days after notice of the decision of the board  upon  such
application  has  been  served  upon  the parties, or within thirty days
after notice of an administrative redetermination review decision by the
chair pursuant to subdivision five of  section  fifty-two,  section  one
hundred  thirty-one  or  section one hundred forty-one-a of this chapter
has been served upon any party in interest, an appeal may be taken ther-
efrom to the appellate division of the supreme court, third  department,
by  any  party  in  interest, including an employer insured in the state
fund; provided, however, that any party in interest  may  within  thirty
days  after  notice of the filing of the board panel's decision with the
secretary of the board, make application in writing for  review  thereof
by  the full board. If the decision or determination was that of a panel
of the board and there was a dissent from such decision or determination
other than a dissent the sole basis of which is to refer the case to  an
impartial  specialist, the full board shall review and affirm, modify or
rescind such decision or determination in  the  same  manner  as  herein
above  provided  for an award or decision of a referee.  If the decision
or determination was that of a unanimous panel of the  board,  or  there
was  a  dissent  from  such  decision or determination the sole basis of
which is to refer the case to an impartial specialist, the board may  in
its  sole  discretion review and affirm, modify or rescind such decision
or determination in the same manner as  herein  above  provided  for  an
award  or decision of a referee. Failure to apply for review by the full
board shall not bar any party in interest from taking an appeal directly
to the court as above provided. The board may also,  in  its  discretion
certify  to  such  appellate division of the supreme court, questions of
law involved in its decision. Such appeals and the question so certified
shall be heard in a summary manner and shall have  precedence  over  all
other  civil  cases  in such court. The board shall be deemed a party to
every such appeal from its decision upon such application, and the chair
shall be deemed a party to every  such  appeal  from  an  administrative
redetermination  review decision pursuant to subdivision five of section
fifty-two of this chapter. The  attorney  general  shall  represent  the

S. 5901--A                         27

board and the chair thereon. An appeal may also be taken to the court of
appeals  in  the  same  manner  and  subject to the same limitations not
inconsistent herewith as is now provided in the civil practice  law  and
rules.  It  shall  not be necessary to file exceptions to the rulings of
the board. An appeal to the appellate division  of  the  supreme  court,
third  department,  or  to  the court of appeals, shall not operate as a
stay of the payment of compensation required by the terms of  the  award
or of the payment of the cost of such medical, dental, surgical, optome-
tric  or other attendance, treatment, devices, apparatus or other neces-
sary items the employer is required to provide pursuant to section thir-
teen of this article which are found to be fair  and  reasonable.  Where
such  award is modified or rescinded upon appeal, the appellant shall be
entitled to reimbursement in a sum equal to the compensation in  dispute
paid  to  the  respondent in addition to a sum equal to the cost of such
medical, dental, surgical, optometric or  other  attendance,  treatment,
devices,  apparatus or other necessary items the employer is required to
provide pursuant to section thirteen of this article paid by the  appel-
lant  pending  adjudication  of  the appeal. Such reimbursement shall be
paid from administration expenses as provided  in  section  one  hundred
fifty-one of this chapter upon audit and warrant of the comptroller upon
vouchers  approved  by  the  chair.  Where  such award is subject to the
provisions of section twenty-seven of this article, the appellant  shall
pay  directly  to the claimant all compensation as it becomes due during
the pendency of the appeal, and upon affirmance  shall  be  entitled  to
credit  for such payments. Neither the chair, the board, the commission-
ers of the state insurance fund nor the claimant shall  be  required  to
file  a bond upon an appeal to the court of appeals. Upon final determi-
nation of such an appeal, the board or chair, as the case may be,  shall
enter  an  order in accordance therewith. Whenever a notice of appeal is
served or an application made to the board by the employer or  insurance
carrier  for a modification or rescission or review of an award or deci-
sion, and the board shall find that such notice of appeal was served  or
such  application  was  made  for the purpose of delay or upon frivolous
grounds, the board shall impose a penalty in the amount of five  hundred
dollars  upon  the employer or insurance carrier, which penalty shall be
added to the compensation  and  paid  to  the  claimant.  The  penalties
provided  herein  shall  be  collected in like manner as compensation. A
party against whom an award of compensation shall  be  made  may  appeal
from  a  part  of such award. In such a case the payment of such part of
the award as is not appealed from shall not prejudice any rights of such
party on appeal, nor be taken as an admission against  such  party.  Any
appeal  by  an  employer  from  an administrative redetermination review
decision pursuant to subdivision five of section fifty-two of this chap-
ter shall in no way serve to relieve the employer from the obligation to
timely pay compensation and benefits  otherwise  payable  in  accordance
with the provisions of this chapter.
  APPLICATIONS  OR  PETITIONS  TO  THE  BOARD  FOR REVIEW, MODIFICATION,
RESCISSION, REHEARING OR REVIEW BY THE FULL BOARD MUST BE DECIDED WITHIN
THIRTY DAYS OF THE PETITION OR APPLICATION  OR  WITHIN  THIRTY  DAYS  OF
COMPLETION  OF MOTION PRACTICE ON THE PETITION OR APPLICATION, WHICHEVER
IS LATER.
  Nothing contained in this section shall be construed  to  inhibit  the
continuing  jurisdiction of the board as provided in section one hundred
twenty-three of this chapter.
  S 22. Section 77 of the workers' compensation law, as amended by chap-
ter 6 of the laws of 2007, is amended to read as follows:

S. 5901--A                         28

  S 77. Administration. The state insurance fund shall  be  administered
by the commissioners of the state insurance fund, of whom there shall be
[ten]  EIGHT. The commissioner of labor AND THE CHIEF EXECUTIVE OFFICERS
OF THE NEW YORK STATE AMERICAN FEDERATION OF  LABOR-CONGRESS  OF  INDUS-
TRIAL  ORGANIZATIONS  AND  THE BUSINESS COUNCIL OF THE STATE OF NEW YORK
shall, in addition, be [a commissioner] COMMISSIONERS of  such  fund  by
virtue  of  [his  or  her office] THEIR OFFICES. The commissioners shall
elect annually from the appointive members a chair and a vice-chair  who
shall  act  as  chair  in  the absence of the chair. The commissioner of
labor may designate a deputy commissioner AND THE CHIEF EXECUTIVE  OFFI-
CERS  OF  THE  NEW  YORK  STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF
INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF THE  STATE  OF  NEW
YORK  MAY EACH DESIGNATE A REPRESENTATIVE to [act in his or her] EXECUTE
THEIR DUTIES AS COMMISSIONERS OF SUCH FUND IN THEIR place and stead  [as
a  commissioner  of  such  fund].  The  REMAINING commissioners shall be
appointed by the governor, by and with the advice  and  consent  of  the
senate. [One commissioner shall be appointed by the governor upon recom-
mendation by the New York State American Federation of Labor-Congress of
Industrial Organizations, and one commissioner shall be appointed by the
governor upon recommendation of the Business Council of the State of New
York.]  They shall be policyholders insured in the state insurance fund.
The commissioners shall be appointed for terms of three years each. They
shall serve until their successors are  appointed  and  have  qualified.
Vacancies  shall  be  filled  for the unexpired terms. Each commissioner
shall before entering upon his or her duties,  take  and  subscribe  the
constitutional  oath of office which shall be filed in the office of the
secretary of state.
  S 23. Section 114 of the workers' compensation law, as added by  chap-
ter  635 of the laws of 1996, subdivision 4 as amended and subdivision 5
as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
follows:
  S 114. Penalties for fraudulent practices. 1. Any person who, knowing-
ly  and  with  intent  to  defraud  presents, causes to be presented, or
prepares with knowledge or belief that it will be presented to or by  an
insurer  or  purported insurer, or any agent thereof, any written state-
ment as part of, or in support of, an application for the issuance of or
the rating of an insurance policy  for  compensation  insurance[,  or  a
claim  for  payment  or other benefit pursuant to a compensation policy]
which he or she knows to: (i) contain a  false  statement  or  represen-
tation  concerning  any  fact  material  thereto; or (ii) omits any fact
material thereto, shall be guilty of a class E felony. Upon  conviction,
the  court  in  addition  to  any  other  authorized sentence, may order
forfeiture of [all rights to compensation or payments  of  any  benefit]
ANY  PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND APPURTENANCES THAT
CONSTITUTE THE INSTRUMENTALITY OF THE ENTITY ON WHOSE BEHALF THE  APPLI-
CATION WAS MADE, and may also require restitution of any amount received
as a result of a violation of this subdivision.
  1-A.  ANY  PERSON  WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS,
CAUSES TO BE PRESENTED, OR PREPARES WITH KNOWLEDGE  OR  BELIEF  THAT  IT
WILL BE PRESENTED TO OR BY AN INSURER OR PURPORTED INSURER, OR ANY AGENT
THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, A CLAIM FOR
PAYMENT  OR  OTHER BENEFIT PURSUANT TO A COMPENSATION POLICY WHICH HE OR
SHE KNOWS TO: (I) CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING
ANY FACT MATERIAL THERETO; OR (II)  OMITS  ANY  FACT  MATERIAL  THERETO,
SHALL BE GUILTY OF A CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDI-
TION  TO  ANY  OTHER  AUTHORIZED  SENTENCE,  MAY ORDER FORFEITURE OF ALL

S. 5901--A                         29

RIGHTS TO COMPENSATION OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO  REQUIRE
RESTITUTION  OF  ANY  AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS
SUBDIVISION.
  2. An employer or carrier, or any employee, agent, or person acting on
behalf  of an employer or carrier, who knowingly makes a false statement
or representation as to a material fact  in  the  course  of  reporting,
investigation  of, or adjusting a claim for any benefit or payment under
this chapter for the purpose of avoiding provision of  such  payment  or
benefit  shall be guilty of a class E felony. UPON CONVICTION, THE COURT
IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE, MAY  ORDER  FORFEITURE  OF
ANY  PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND APPURTENANCES THAT
CONSTITUTE THE INSTRUMENTALITY OF THE EMPLOYER OR CARRIER AND  MAY  ALSO
REQUIRE RESTITUTION OF ANY AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF
THIS SUBDIVISION.
  3. A person who knowingly makes a false statement or representation as
to a material fact for the purpose of obtaining, maintaining or renewing
insurance  under this chapter, whether for himself or herself or for any
other person or entity or for the purpose of evading the requirements of
section fifty of this chapter shall be guilty of a class E felony.  UPON
CONVICTION, THE COURT IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE,  MAY
ORDER FORFEITURE OF ANY PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND
APPURTENANCES THAT CONSTITUTE THE INSTRUMENTALITY OF THE ENTITY ON WHOSE
BEHALF  THE  APPLICATION  WAS MADE. In addition to any other remedy, the
carrier providing insurance shall be  entitled  to  restitution  of  any
amount  obtained or withheld as a result of a violation of this subdivi-
sion.
  4. Consistent with the provisions of the criminal  procedure  law,  in
any prosecution alleging a violation of subdivision one, two or three of
this  section,  or sections fifty-two and one hundred thirty-one of this
chapter, in which  the  act  or  acts  alleged  may  also  constitute  a
violation of the penal or other law, the prosecuting official may charge
a  person  pursuant  to  the  provisions of this section and in the same
accusatory instrument with a violation of such other law.
  5. A person (a) who is convicted of a  second  or  subsequent  offense
under  this section within ten years of the prior conviction, or (b) who
violates any provision of this section concerning two or more claimants,
shall be guilty of a class [D] B felony.
  S 24. Section 122 of the workers'  compensation  law,  as  amended  by
chapter 113 of the laws of 1946, is amended to read as follows:
  S 122. Transcripts. A copy of the testimony, evidence and procedure of
any  investigation,  or  a  particular  part thereof, RECORDED AND tran-
scribed by a stenographer in the employ of the board  and  certified  by
such  stenographer  to  be  true and correct may be received in evidence
with the same effect as if such stenographer were present and testifying
to the facts so certified.  A copy of such transcript shall be furnished
to any party upon payment of the fee for transcripts of similar  minutes
in the supreme court.
  S  25.  Section  140  of  the workers' compensation law, as amended by
chapter 57 of the laws of 1951, is amended to read as follows:
  S 140. [Workmen's] WORKERS' compensation board. The [workmen's]  WORK-
ERS'  compensation board in the department of labor is hereby continued.
Such board shall consist of thirteen members,  at  least  four  of  whom
shall  be  attorneys and counsellors-at-law duly admitted to practice in
this state. The members of the board shall be appointed by the governor,
by and with the advice and consent of the senate.   THREE MEMBERS  SHALL
BE  APPOINTED  BY THE GOVERNOR UPON RECOMMENDATION OF THE SPEAKER OF THE

S. 5901--A                         30

ASSEMBLY; THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR  UPON  RECOM-
MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE
APPOINTED  BY  THE  GOVERNOR  UPON  RECOMMENDATION OF THE NEW YORK STATE
AMERICAN  FEDERATION  OF LABOR-CONGRESS OF INDUSTRIAL ORGANIZATIONS; AND
TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR  UPON  RECOMMENDATION  OF
THE  BUSINESS COUNCIL OF THE STATE OF NEW YORK. The members of the board
in  office,  together  with  the  additional  members  and  the  members
appointed  to  fill  vacancies,  if  any, at the time this section takes
effect, shall continue, notwithstanding the appointment of  any  of  the
members  for  a  term  expiring  on a different date, to hold office for
terms to be assigned by the governor by and with the advice and  consent
of  the senate; two such terms to expire on December thirty-first, nine-
teen hundred fifty; two to expire  on  December  thirty-first,  nineteen
hundred  fifty-one;  two  to  expire  on December thirty-first, nineteen
hundred fifty-two; two to  expire  on  December  thirty-first,  nineteen
hundred  fifty-three;  two  to expire on December thirty-first, nineteen
hundred fifty-four; two to expire  on  December  thirty-first,  nineteen
hundred fifty-five; and one to expire on December thirty-first, nineteen
hundred  fifty-six. The members next appointed, except to fill a vacancy
created otherwise than by expiration of term,  shall  be  appointed  for
terms of seven years. The governor shall designate one of the members of
the board as chairman and another as vice-chairman.
  S 26. Subdivision 1 of section 169 of the executive law, as amended by
section  9  of  part  A of chapter 60 of the laws of 2012, is amended to
read as follows:
  1. Salaries of certain state officers holding the positions  indicated
hereinbelow shall be as set forth in subdivision two of this section:
  (a) commissioner of corrections and community supervision, commission-
er  of education, commissioner of health, commissioner of mental health,
commissioner of developmental disabilities, commissioner of children and
family services, commissioner of temporary  and  disability  assistance,
chancellor  of  the state university of New York, commissioner of trans-
portation, commissioner of environmental conservation, superintendent of
state police, commissioner of  general  services,  commissioner  of  the
division  of  homeland security and emergency services [and], the execu-
tive director of the state gaming commission, AND THE CHAIR OF THE WORK-
ERS' COMPENSATION BOARD;
  (b) commissioner of labor,  chairman  of  public  service  commission,
commissioner  of  taxation  and  finance,  superintendent  of  financial
services, commissioner of criminal justice services, [and]  commissioner
of  parks,  recreation  and historic preservation, AND THE VICE-CHAIR OF
THE WORKERS' COMPENSATION BOARD;
  (c) commissioner of agriculture and markets, commissioner of  alcohol-
ism  and  substance  abuse  services, adjutant general, commissioner and
president of state civil service commission,  commissioner  of  economic
development,  chair  of  the  energy research and development authority,
president of higher  education  services  corporation,  commissioner  of
motor vehicles, member-chair of board of parole, chair of public employ-
ment relations board, secretary of state, commissioner of alcoholism and
substance  abuse  services,  executive  director  of the housing finance
agency, commissioner of housing and community renewal, executive  direc-
tor of state insurance fund, commissioner-chair of state liquor authori-
ty, [chair] AND MEMBERS of the workers' compensation board;
  (d)  director  of  office for the aging, commissioner of human rights,
commissioners of the department of public  service,  chairman  of  state
commission  on  quality  of  care for the mentally disabled, chairman of

S. 5901--A                         31

commission on alcoholism and substance abuse prevention  and  education,
executive  director of the council on the arts and executive director of
the board of social welfare;
  (e)  chairman  of state athletic commission, director of the office of
victim services, chairman of human rights appeal board, chairman of  the
industrial  board  of  appeals,  chairman  of  the  state  commission of
correction, members of the board of parole, member-chairman of unemploy-
ment insurance appeal board, AND director  of  veterans'  affairs[,  and
vice-chairman of the workers' compensation board];
  (f)  executive  director  of  adirondack park agency, members of state
commission of correction, AND members of unemployment  insurance  appeal
board[, and members of the workers' compensation board].
  S  27.  Paragraph 1 of subsection (t) of section 2313 of the insurance
law, as amended by chapter 237 of the laws of 2012, is amended  to  read
as follows:
  (1)  The governing body of a workers' compensation rate service organ-
ization shall be comprised of nine voting members.  Four  members  shall
represent  insurers  authorized to write workers' compensation insurance
in this state, and shall be selected in such manner as is determined  by
the  members of the rate service organization. One member of the govern-
ing body shall be a representative of the state insurance fund. Each  of
the  remaining four members of the governing body shall serve for a term
of two years and until his or her successor shall  have  been  appointed
and  approved,  provided that the appointing entity appoints a successor
member within one hundred twenty days of the expiration of the  term  of
office, and shall not be employed by, or serve as an officer or director
of,  an  insurer  authorized to write workers' compensation insurance in
this state, or any parent, subsidiary, or affiliate thereof, EXCEPT  THE
STATE  INSURANCE  FUND.   One such member of the governing body shall be
appointed by the superintendent. The other three such members  shall  be
appointed  subject  to  the approval of the superintendent by, AND SHALL
SERVE AS REPRESENTATIVES OF, the following:  (A)  the  workers'  compen-
sation  board; (B) the Business Council of New York State, Inc.; and (C)
the American Federation of Labor - Congress of Industrial  Organizations
of  New York State. Any vacancy on the governing body shall be filled in
the same manner as the initial appointment.  The  governing  body  shall
select  a chief executive officer who shall serve at the pleasure of the
governing body and whose terms and conditions  of  employment  shall  be
approved  by the governing body. No restriction in this subsection shall
apply if compliance is  prevented  by  the  failure  of  any  appointing
authority  to  make  an appointment, or of the superintendent to approve
such appointment.
  S 28. Section 71 of the civil service law, as amended by  chapter  577
of the laws of 2003, is amended to read as follows:
  S 71. Reinstatement after separation for disability. Where an employee
has  been separated from the service by reason of a disability resulting
from occupational injury or disease as defined in the [workmen's]  WORK-
ERS' compensation law, he or she shall be entitled to a leave of absence
for  at least one year, unless his or her disability is of such a nature
as to permanently incapacitate him or her for  the  performance  of  the
duties  of  his or her position. Notwithstanding the foregoing, where an
employee has been separated from the service by reason of  a  disability
resulting  from an assault sustained in the course of his or her employ-
ment, he or she shall be entitled to a leave of absence for at least two
years, unless his or her disability is of such a nature as to permanent-
ly incapacitate him or her for the performance of the duties of  his  or

S. 5901--A                         32

her position. NOTWITHSTANDING THE FOREGOING, WHERE AN EMPLOYEE IS ABSENT
BY  REASON OF A DISABILITY RESULTING FROM OCCUPATIONAL INJURY OR DISEASE
AS DEFINED IN THE WORKERS' COMPENSATION LAW AND THAT  EMPLOYEE  HAS  NOT
YET  RECEIVED  CARE DIRECTED BY HIS OR HER TREATING PROVIDER AS A RESULT
OF THE EMPLOYER OR CARRIER'S DISPUTE, THAT EMPLOYEE IS  ENTITLED  TO  AN
INDEFINITE  LEAVE  OF ABSENCE, UNLESS HIS OR HER DISABILITY IS OF SUCH A
NATURE AS TO PERMANENTLY INCAPACITATE HIM OR HER FOR THE PERFORMANCE  OF
THE  DUTIES  OF  HIS OR HER POSITION. Such employee may, within one year
after the termination of such disability, make application to the  civil
service  department or municipal commission having jurisdiction over the
position last held by such employee for  a  medical  examination  to  be
conducted by a medical officer selected for that purpose by such depart-
ment  or  commission.  If,  upon  such medical examination, such medical
officer shall certify that such person is physically and mentally fit to
perform the duties of his or her former position, he  or  she  shall  be
reinstated  to his or her former position, if vacant, or to a vacancy in
a similar position or a position in a lower grade in  the  same  occupa-
tional  field,  or to a vacant position for which he or she was eligible
for transfer. If no appropriate  vacancy  shall  exist  to  which  rein-
statement  may be made, or if the work load does not warrant the filling
of such vacancy, the  name  of  such  person  shall  be  placed  upon  a
preferred  list  for  his or her former position, and he or she shall be
eligible for reinstatement from such preferred list for a period of four
years. In the event that such person is reinstated to a  position  in  a
grade  lower  than  that  of his or her former position, his or her name
shall be placed on the preferred eligible list for  his  or  her  former
position  or  any similar position.  This section shall not be deemed to
modify or supersede any other provisions of law applicable to the re-em-
ployment of persons retired from the public service on account of  disa-
bility.
  S  29.  Paragraph  (b) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 442 of the laws of 2006, is amended  to  read
as follows:
  (b)  Any  felony  set  forth  elsewhere  in the laws of this state and
defined by the tax law relating to alcoholic beverage, cigarette,  gaso-
line  and  similar motor fuel taxes; article seventy-one of the environ-
mental conservation law relating to water pollution, hazardous waste  or
substances  hazardous or acutely hazardous to public health or safety of
the environment; article twenty-three-A  of  the  general  business  law
relating  to  prohibited acts concerning stocks, bonds and other securi-
ties, article twenty-two of the general business law concerning  monopo-
lies, ARTICLE SEVEN OF THE WORKERS' COMPENSATION LAW CONCERNING FRAUD.
  S  30.  This act shall take effect on the ninetieth day after it shall
have become a law; provided, however that the amendments to paragraph  1
of  subsection  (t) of section 2313 of the insurance law made by section
twenty-seven of this act shall not affect the repeal of such  subsection
and shall be deemed repealed therewith.