Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2012 |
committee discharged and committed to rules |
Mar 08, 2012 |
notice of committee consideration - requested |
Jan 04, 2012 |
referred to labor |
Jan 05, 2011 |
referred to labor |
Senate Bill S728
2011-2012 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S728 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Workers' Compensation Law
- Laws Affected:
- Amd §15, Work Comp L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2781
2013-2014: S76
2015-2016: S1274
2017-2018: S583
2011-S728 (ACTIVE) - Sponsor Memo
BILL NUMBER:S728 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 §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
2011-S728 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 728 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ 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.
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