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Assembly Bill A2135

2009-2010 Legislative Session

Relates to permanent total disability

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Archive: Last Bill Status - In Assembly Committee

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2009-A2135 (ACTIVE) - Details

See Senate Version of this Bill:
S2781
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd ยง15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2011-2012: S728
2013-2014: S76
2015-2016: S1274
2017-2018: S583

2009-A2135 (ACTIVE) - Summary

Relates to permanent total disability.

2009-A2135 (ACTIVE) - Bill Text download pdf 

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

                                  2135

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred 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
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.

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