S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   186

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  CAHILL,  TOWNS, GUNTHER, GABRYSZAK, PHEFFER,
  ABBATE -- Multi-Sponsored by -- M. of A. BOYLE, CLARK, COLTON,  ENGLE-
  BRIGHT,  HOOPER, JACOBS, LATIMER, MAGEE, McENENY, ORTIZ, PERRY -- read
  once and referred to the Committee on Labor

AN ACT to amend the workers' compensation law, in relation to  providing
  for cost-of-living adjustments of disability benefits in certain cases

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

  Section 1. 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  IN CERTAIN
CASES. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  IN  ADDITION  TO
ANY  OTHER  AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY BENE-
FITS, AN EMPLOYEE WITH A PERMANENT TOTAL 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.
  (B)  THE  COST-OF-LIVING  ADJUSTMENT  ALLOWANCE  SHALL  BE COMPUTED BY
APPLYING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL  BE  BASED
ON  FIFTY  PERCENT OF THE ANNUAL INCREASE IN THE CONSUMER PRICE INDEX AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
  S 2. The workers' compensation law is amended by adding a new  section
208-a to read as follows:
  S  208-A. COST-OF-LIVING ADJUSTMENTS OF DISABILITY BENEFITS IN CERTAIN
CASES. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO ANY
OTHER AMOUNT RECEIVED PURSUANT TO THIS ARTICLE AS  DISABILITY  BENEFITS,
AN  EMPLOYEE WITH A PERMANENT TOTAL DISABILITY OR THE BENEFICIARY-DEPEN-
DENT OF SUCH EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL  ALLOWANCE,  TO
BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
  2. THE COST-OF-LIVING ADJUSTMENT ALLOWANCE SHALL BE COMPUTED BY APPLY-
ING  AN  ADJUSTMENT  FOR  REGIONAL COSTS OF LIVING AND SHALL BE BASED ON

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

                                                           LBD00615-01-1

A. 186                              2

FIFTY PERCENT OF THE ANNUAL INCREASE IN  THE  CONSUMER  PRICE  INDEX  AS
PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.