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BILL NUMBER:S76

TITLE OF BILL: An act to amend the workers' compensation law, in relation to permanent total disability

PURPOSE OR GENERAL IDEA OF BILL: This bill will create a presumption of permanent total disability for claimants who are found eligible for federal social security disability benefits.

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

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

PRIOR LEGISLATIVE HISTORY: 2011-12: S.728 2009-10: S.2781 Referred to Labor 2008:    A.10880  Referred to Labor

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

76

2013-2014 Regular Sessions

IN SENATE

(PREFILED)

January 9, 2013
___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  permanent
  total disability

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

  Section 1. Subdivision 1 of section 15 of  the  workers'  compensation
law,  as  amended by chapter 675 of the laws of 1977, is amended to read
as follows:
  1. Permanent total disability. In case of total disability adjudged to
be permanent sixty-six and two-thirds per centum of the  average  weekly
wages shall be paid to the employee during the continuance of such total
disability.  Loss  of  both  hands,  or both arms, or both feet, or both
legs, or both eyes, or of any  two  thereof,  OR  APPROVAL  FOR  FEDERAL
SOCIAL SECURITY DISABILITY BENEFITS, shall, in the absence of conclusive
proof  to  the  contrary, constitute permanent total disability.  In all
other cases permanent total disability shall be determined in accordance
with the facts. Notwithstanding any other provision of this chapter,  an
injured  employee  disabled due to the loss or total loss of use of both
eyes, or both hands, or both arms, or both feet, or both legs, or of any
two thereof shall not suffer any diminution of his OR  HER  compensation
by  engaging  in  business or employment provided his OR HER earnings or
wages, when combined with his OR  HER  compensation,  shall  not  be  in
excess of the wage base on which the maximum weekly compensation benefit
is  computed  under  the  law in effect at time of such earning; further
provided, that if the combination exceeds such wage  base,  the  compen-
sation  shall be diminished to an amount which, together with his OR HER
earnings or wages, shall equal the wage base; and further provided  that
the  application  of  this  subdivision shall not result in reduction of
compensation which an injured employee who is disabled due to  the  loss

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01073-01-3
S. 76                               2

or  total loss of use of both eyes, or both hands, or both arms, or both
feet, or both legs or of any two thereof, would otherwise be entitled to
under any other provision of this section.
  S 2. This act shall take effect immediately.