Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 14, 2016 |
print number 6165a |
Mar 14, 2016 |
amend and recommit to labor |
Jan 06, 2016 |
referred to labor |
Mar 16, 2015 |
referred to labor |
Assembly Bill A6165A
2015-2016 Legislative Session
Sponsored By
CRESPO
Archive: Last Bill Status - In Assembly 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
Bill Amendments
2015-A6165 - Details
2015-A6165 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6165 2015-2016 Regular Sessions I N A S S E M B L Y March 16, 2015 ___________ Introduced by M. of A. CRESPO -- 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.
2015-A6165A (ACTIVE) - Details
2015-A6165A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6165--A 2015-2016 Regular Sessions I N A S S E M B L Y March 16, 2015 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 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. WHERE, HOWEVER, THE EMPLOYEE HAS BEEN APPROVED FOR FEDERAL SOCIAL SECURITY DISABILITY BENEFITS SUBSTANTIALLY AS A RESULT OF A COMPENSABLE INJURY OR ILLNESS, IT SHALL BE PRESUMED, IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY, THAT HE OR SHE IS PERMANENTLY TOTALLY DISABLED. 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 compen- sation benefit is computed under the law in effect at time of such earn- ing; further provided, that if the combination exceeds such wage base, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00374-03-6
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