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

                                  1390

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. PAULIN, ABINANTI, JAFFEE -- Multi-Sponsored by --
  M.  of  A. ROBERTS -- read once and referred to the Committee on Local
  Governments

AN ACT to  amend  the  volunteer  ambulance  workers'  benefit  law,  in
  relation to increasing disability benefit levels

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

  Section 1.  Section 8 of the volunteer ambulance workers' benefit law,
as amended by chapter 574 of the laws of 1998, is  amended  to  read  as
follows:
  S  8.  Permanent total disability benefits. In the case of total disa-
bility adjudged to be permanent the volunteer ambulance worker shall  be
paid  [four]  EIGHT hundred dollars for each week during the continuance
thereof. Permanent total disability, within the meaning of this section,
shall exist only if the earning  capacity  of  the  volunteer  ambulance
worker  has been lost permanently and totally as the result of the inju-
ry. The loss of both hands, or both arms, or both feet, or both legs, or
both eyes, or any two thereof, shall, in the absence of conclusive proof
to the contrary, constitute permanent total disability, but in all other
cases permanent total disability shall be determined in accordance  with
the  facts.  Notwithstanding  any  other  provisions of this chapter, an
injured volunteer ambulance worker 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 any two thereof shall not suffer any  diminution  of  such
weekly benefit by engaging in business or employment provided his or her
weekly  earnings  or  wages, when combined with his weekly benefit shall
not be in excess of six hundred dollars; and further provided  that  the
application  of  this  section shall not result in reduction of benefits
which an injured volunteer ambulance worker who is disabled due  to  the
loss  or total loss of use of both eyes, or both hands, or both arms, or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04989-02-5

              

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both feet, or both legs, or any two thereof would otherwise be  entitled
to under any other provisions of this article.
  S  2.  Section  9  of the volunteer ambulance workers' benefit law, as
amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
follows:
  S 9. Temporary  total  disability  benefits.  In the case of temporary
total disability the volunteer ambulance worker shall  be  paid  [three]
EIGHT  hundred  dollars  for  each week during the continuance thereof[;
provided, however, that when the volunteer ambulance worker  is  injured
in  the  line  of duty on or after the effective date of this chapter to
June thirtieth, nineteen hundred ninety; further provided, that when the
volunteer ambulance worker is injured in the line of duty  on  or  after
July  first, nineteen hundred ninety to June thirtieth, nineteen hundred
ninety-one, said ambulance worker  shall  receive  three  hundred  forty
dollars  per  week during the continuance thereof, and further provided,
that when a volunteer ambulance worker is injured in the line of duty on
or after July first, nineteen  hundred  ninety-one  to  June  thirtieth,
nineteen  hundred  ninety-two, said ambulance worker shall receive three
hundred fifty dollars per week during the continuance thereof;  provided
further that when a volunteer ambulance worker is injured in the line of
duty  on or after July first, nineteen hundred ninety-two such ambulance
worker shall be paid four hundred  dollars  for  each  week  during  the
continuance  thereof]. Temporary total disability, within the meaning of
this section, shall exist only if the earning capacity of the  volunteer
ambulance  worker has been lost temporarily and totally as the result of
the injury. In case of temporary total disability and permanent  partial
disability  both  resulting from the same injury, if the temporary total
disability continues for a longer period than the number  of  weeks  set
forth in the following schedule, the period of temporary total disabili-
ty  in  excess  of  such  number  of  weeks shall be added to the period
provided in section ten of this chapter:  arm,  thirty-two  weeks;  leg,
forty  weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
ty-five weeks;  eye,  twenty  weeks;  thumb,  twenty-four  weeks;  first
finger,  eighteen  weeks; great toe, twelve weeks; second finger, twelve
weeks; third finger, eight weeks, fourth finger, eight weeks; toe  other
than  great  toe,  eight weeks. In any case resulting in loss or partial
loss of use of arm, leg, hand, foot, ear, eye,  thumb,  finger  or  toe,
where  the temporary total disability does not extend beyond the periods
above mentioned for such injury, benefits shall be limited to the sched-
ule contained in section ten of this chapter.
  S 3. The opening paragraph and subparagraph 1 of paragraph g of subdi-
vision 1 of section 10 of the volunteer ambulance workers' benefit  law,
the  opening  paragraph as amended by chapter 21 of the laws of 1991 and
subparagraph 1 as amended by chapter  924  of  the  laws  of  1990,  are
amended to read as follows:
  In the case of disability partial in character, but permanent in qual-
ity,  the  volunteer ambulance worker, injured in the line of duty shall
be paid [one hundred fifty dollars for each week for the  period  speci-
fied  in  this  subdivision,  provided, however, that when the volunteer
ambulance worker is injured in the line of duty on or after  the  effec-
tive  date  of  this  chapter  to and including June thirtieth, nineteen
hundred ninety, and provided further that when the  volunteer  ambulance
worker  is  injured in the line of duty on or after July first, nineteen
hundred ninety to and including June thirtieth, nineteen  hundred  nine-
ty-one  such payments shall be two hundred eighty dollars for each week,
and provided further that when the volunteer ambulance worker is injured

A. 1390                             3

in the line of duty on or after July first, nineteen hundred  ninety-one
to  and  including  June  thirtieth,  nineteen  hundred  ninety-two such
payments shall be  three  hundred  fifty  dollars  for  each  week;  and
provided  further that when the volunteer ambulance worker is injured in
the line of duty on or after July  first,  nineteen  hundred  ninety-two
such  payments  shall  be  four]  EIGHT hundred dollars for each week as
follows:
  (1) If the percentage of loss of earning capacity is seventy-five  per
centum,  or  greater, he or she shall be paid [one hundred fifty dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this chap-
ter to and including June thirtieth, nineteen hundred ninety,  provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after July first, nineteen hundred ninety to and including
June  thirtieth,  nineteen  hundred ninety-one such payment shall be two
hundred eighty dollars for each week, and provided further that when the
volunteer ambulance worker is injured in the line of duty  on  or  after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen  hundred  ninety-two  such payment shall be three hundred fifty
dollars for each week; and provided  further  that  when  the  volunteer
ambulance  worker is injured in the line of duty on or after July first,
nineteen hundred ninety-two such payments shall be four]  EIGHT  hundred
dollars for each week.
  S  4.  Subdivision 1 of section 11 of the volunteer ambulance workers'
benefit law, as amended by chapter 924 of the laws of 1990,  is  amended
to read as follows:
  1.  If  the percentage of loss of earning capacity is seventy-five per
centum, or greater, he or she shall be paid [one hundred  fifty  dollars
for each week, provided, however, that the volunteer ambulance worker is
injured in the line of duty on or after the effective date of this chap-
ter  to and including June thirtieth, nineteen hundred ninety, provided,
however, that when the volunteer ambulance worker is injured in the line
of duty on or after July first, nineteen hundred ninety to and including
June thirtieth, nineteen hundred ninety-one, such payment shall  be  two
hundred  eighty  dollars for each week, provided, however, that when the
volunteer ambulance worker is injured in the line of duty  on  or  after
July first, nineteen hundred ninety-one to and including June thirtieth,
nineteen  hundred  ninety-two, such payment shall be three hundred fifty
dollars for each week; and provided  further  that  when  the  volunteer
ambulance  worker is injured in the line of duty on or after July first,
nineteen hundred ninety-two such payments shall be four]  EIGHT  hundred
dollars for each week.
  S  5.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law  and  shall  apply  by  its
terms  to benefits paid for all weekly benefit periods which occur after
its effective date.