S T A T E O F N E W Y O R K
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1640
2017-2018 Regular Sessions
I N A S S E M B L Y
January 12, 2017
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Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the workers' compensation law, in relation to applicable
average weekly wage
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 16 of section 2 of the workers' compensation
law, as added by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
16. "[New York state] APPLICABLE average weekly wage" shall mean THE
LESSER OF: (I) the average weekly wage of the state of New York for the
previous calendar year as reported by the commissioner of labor to the
superintendent of financial services on March thirty-first; OR (II) THE
AVERAGE WEEKLY WAGE OF THE ECONOMIC DEVELOPMENT REGION, PURSUANT TO
SECTION TWO HUNDRED THIRTY OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE
EMPLOYEE RESIDES AS REPORTED BY THE COMMISSIONER OF LABOR TO THE SUPER-
INTENDENT OF FINANCIAL SERVICES ON MARCH THIRTY-FIRST. PROVIDED, HOWEV-
ER, THAT THE APPLICABLE AVERAGE WEEKLY WAGE SHALL NOT BE LESS THAN SEVEN
HUNDRED NINETY-TWO DOLLARS.
§ 2. Paragraph (a) of subdivision 6 of section 15 of the workers'
compensation law, as amended by section 7-a of part GG of chapter 57 of
the laws of 2013, is amended to read as follows:
(a) Compensation for permanent or temporary total disability due to an
accident or disablement resulting from an occupational disease that
occurs, (1) on or after January first, nineteen hundred seventy-eight,
shall not exceed one hundred twenty-five dollars per week, that occurs
(2) on or after July first, nineteen hundred seventy-eight, shall not
exceed one hundred eighty dollars per week, that occurs (3) on or after
January first, nineteen hundred seventy-nine, shall not exceed two
hundred fifteen dollars per week, that occurs (4) on or after July
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00240-01-7
A. 1640 2
first, nineteen hundred eighty-three, shall not exceed two hundred
fifty-five dollars per week, that occurs (5) on or after July first,
nineteen hundred eighty-four, shall not exceed two hundred seventy-five
dollars per week, that occurs (6) on or after July first, nineteen
hundred eighty-five, shall not exceed three hundred dollars per week,
that occurs (7) on or after July first, nineteen hundred ninety, shall
not exceed three hundred forty dollars per week; and in the case of
temporary total disability shall not be less than thirty dollars per
week and in the case of permanent total disability shall not be less
than twenty dollars per week except that if the employee's wages at the
time of injury are less than thirty or twenty dollars per week respec-
tively, he or she shall receive his or her full weekly wages. Compen-
sation for permanent or temporary partial disability due to an accident
or disablement resulting from an occupational disease that occurs (1) on
or after January first, nineteen hundred seventy-eight, shall not exceed
one hundred five dollars per week, that occurs (2) on or after July
first, nineteen hundred eighty-three, shall not exceed one hundred twen-
ty-five dollars per week, that occurs (3) on or after July first, nine-
teen hundred eighty-four, shall not exceed one hundred thirty-five
dollars per week, that occurs (4) on or after July first, nineteen
hundred eighty-five, shall not exceed one hundred fifty dollars per
week, that occurs (5) on or after July first, nineteen hundred ninety,
shall not exceed two hundred eighty dollars per week; nor be less than
twenty dollars per week; except that if the employee's wages at the time
of injury are less than twenty dollars per week, he or she shall receive
his or her full weekly wages. In no event shall compensation when
combined with decreased earnings or earning capacity exceed the amount
of wages which the employee was receiving at the time the injury
occurred. Compensation for permanent or temporary partial disability, or
for permanent or temporary total disability due to an accident or disa-
blement resulting from an occupational disease that occurs (1) on or
after July first, nineteen hundred ninety-one and prior to July first,
nineteen hundred ninety-two, shall not exceed three hundred fifty
dollars per week; (2) on or after July first, nineteen hundred ninety-
two, shall not exceed four hundred dollars per week; nor be less than
forty dollars per week except that if the employee's wages at the time
of injury are less than forty dollars per week, the employee shall
receive his or her full wages. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs (1) on or after July first, two thousand seven shall not
exceed five hundred dollars per week, (2) on or after July first, two
thousand eight shall not exceed five hundred fifty dollars per week, (3)
on or after July first, two thousand nine shall not exceed six hundred
dollars per week, and (4) on or after July first, two thousand ten, and
on or after July first of each succeeding year, shall not exceed two-
thirds of the [New York state] APPLICABLE average weekly wage for the
year in which it is reported. Compensation for permanent or temporary
partial disability, or for permanent or temporary total disability due
to an accident or disablement resulting from an occupational disease
that occurs on or after July first, two thousand seven shall not be less
than one hundred dollars per week except that if the employee's wages at
the time of injury are less than one hundred dollars per week, the
employee shall receive his or her full wages. Compensation for perma-
nent or temporary partial disability, or for permanent or temporary
total disability due to an accident or disablement resulting from an
A. 1640 3
occupational disease that occurs on or after May first, two thousand
thirteen shall not be less than one hundred fifty dollars per week
except that if the employee's wages at the time of injury are less than
one hundred fifty dollars per week, the employee shall receive his or
her full wages. In no event shall compensation when combined with
decreased earnings or earning capacity exceed the amount of wages the
employee was receiving at the time the injury occurred. Compensation for
permanent or temporary partial disability, or for permanent or temporary
total disability due to an accident or disablement resulting from an
occupational disease or injury that occurred as a result of World Trade
Center rescue activity by an employee of a private voluntary hospital,
who passed a physical examination upon employment as a rescue worker
that failed to reveal evidence of a condition that was the proximate
cause of disablement or occupational disease or injury, shall not exceed
three-quarters of a claimant's wage on September eleventh, two thousand
one. In no event shall compensation when combined with decreased earn-
ings or earning capacity exceed the amount of wages the employee was
receiving on September eleventh, two thousand one.
§ 3. Subdivision 5 of section 52 of the workers' compensation law, as
amended by section 19 of part GG of chapter 57 of the laws of 2013, is
amended to read as follows:
5. The chair, upon finding that an employer has failed for a period of
not less than ten consecutive days to make the provision for payment of
compensation required by section fifty of this article, may impose upon
such employer, in addition to all other penalties, fines or assessments
provided for in this chapter, a penalty of up to two thousand dollars
for each ten day period of non-compliance or a sum not in excess of two
times the cost of compensation for its payroll for the period of such
failure, which sum shall be paid into the uninsured employers' fund
created under section twenty-six-a of this chapter. When an employer
fails to provide business records sufficient to enable the chair to
determine the employer's payroll for the period requested for the calcu-
lation of the penalty provided in this section, the imputed weekly
payroll for each employee, corporate officer, sole proprietor, or part-
ner shall be the [New York state] APPLICABLE average weekly wage, multi-
plied by 1.5. Where the employer is a corporation, the president, secre-
tary and treasurer thereof shall be liable for the penalty. If the
employer shall within thirty days after notice of the imposition of a
penalty by the chair pursuant to this subdivision make an application in
affidavit form for a redetermination review of such penalty the chair
shall make a decision in writing on the issues raised on such applica-
tion.
§ 4. This act shall take effect immediately.