S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4825
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by M. of A. TITUS -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, the  executive  law,  the
   insurance law, the civil service law and the penal law, in relation to
   workers'  compensation;  and to repeal certain provisions of the work-
   ers' compensation law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4 of section 10 of the workers' compensation
 law is REPEALED.
   § 2. Section 12 of the workers' compensation law, as amended by  chap-
 ter 500 of the laws of 1965, is amended to read as follows:
   §  12.  Compensation not allowed for first seven days. No compensation
 shall be allowed for the first seven  days  of  disability,  except  the
 benefits  provided  for  in  section thirteen of this chapter, provided,
 however, that in case the injury results  in  disability  of  more  than
 [fourteen]  SEVEN  days, the compensation shall be allowed from the date
 of the disability.
   § 3. Subdivision 5 of section 13-a of the workers'  compensation  law,
 as  amended  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:
   (5)  No  claim  for  specialist  consultations,  surgical  operations,
 physiotherapeutic or occupational therapy procedures, x-ray examinations
 or special diagnostic laboratory tests costing more than [one] TWO thou-
 sand dollars shall be valid and enforceable, as against  such  employer,
 unless  such special services shall have been authorized by the employer
 or by the board, or unless  such  authorization  has  been  unreasonably
 withheld,  or withheld for a period of more than [thirty] SEVEN calendar
 days from receipt of a request for authorization, or unless such special
 services are required in an emergency, provided, however, that the basis

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

                                                            LBD03224-01-7

 A. 4825                             2
 
 for a denial of such authorization by the employer must be  based  on  a
 conflicting  second  opinion  rendered  by a physician authorized by the
 board. The board, with the approval of the superintendent  of  financial
 services,  shall  issue and maintain a list of pre-authorized procedures
 under this section. SUCH LIST  OF  PRE-AUTHORIZED  PROCEDURES  SHALL  BE
 ISSUED  AND  MAINTAINED  FOR  THE PURPOSE OF EXPEDITING AUTHORIZATION OF
 TREATMENT OF INJURED WORKERS. SUCH  LIST  OF  PRE-AUTHORIZED  PROCEDURES
 SHALL NOT BE CONSTRUED OR RELIED UPON TO SUPPORT THE PREMISE THAT PROCE-
 DURES  NOT INCLUDED ON THE PRE-AUTHORIZED LIST SHOULD BE DENIED. PRE-AU-
 THORIZED PROCEDURES SHALL NOT BE GIVEN PREFERENCE OVER ALTERNATIVE FORMS
 OF TREATMENT THAT ARE NOT ON THE PRE-AUTHORIZED PROCEDURES LIST.
   § 4. Paragraph (c) of subdivision 7 of section 13-a  of  the  workers'
 compensation  law, as added by chapter 6 of the laws of 2007, is amended
 to read as follows:
   (c) At the time a request for  authorization  for  special  diagnostic
 tests, x-ray examinations, magnetic resonance imaging or other radiolog-
 ical  examinations or tests costing more than [one] TWO thousand dollars
 as required by subdivision five of this section is approved, the  insur-
 ance  carrier,  self-insurer or state insurance fund, or if so delegated
 the network with which the  insurance  carrier,  self-insurer  or  state
 insurance  fund  has  contracted,  shall notify the physician requesting
 authorization of the requirement that the claimant obtain or undergo the
 special diagnostic test, x-ray examination, magnetic  resonance  imaging
 or other radiological examination or test with a provider or at a facil-
 ity   affiliated  with  the  network  or  networks  with  which  it  has
 contracted, the contact information for the network and a  list  of  the
 providers  and  facilities within the claimant's geographic location, as
 defined by regulation of the board. The claimant, in  consultation  with
 the  provider  who requested the special diagnostic test, x-ray examina-
 tion, magnetic resonance imaging or other  radiological  test  or  exam,
 will  determine  the  provider or facility from within the network which
 will perform such diagnostic test, x-ray examination, magnetic resonance
 imaging or other radiological examination or test.
   § 5. Section 2 of the workers' compensation law is amended by adding a
 new subdivision 24 to read as follows:
   24. "EXAMINER" MEANS AN INDIVIDUAL QUALIFIED AND AUTHORIZED TO PERFORM
 INDEPENDENT MEDICAL EXAMINATIONS PURSUANT  TO  SECTIONS  THIRTEEN-B  AND
 THIRTEEN-BB  OF  THIS  CHAPTER AND REGISTERED WITH THE BOARD PURSUANT TO
 SECTION THIRTEEN-BB OF THIS CHAPTER.
   § 6. The workers' compensation law is amended by adding a new  section
 13-bb to read as follows:
   §  13-BB. REGULATION OF INDEPENDENT MEDICAL EXAMINATIONS. 1. (A) THERE
 IS HEREBY ESTABLISHED IN THE WORKERS'  COMPENSATION  BOARD  AN  ADVISORY
 COMMITTEE  ON  INDEPENDENT  MEDICAL  EXAMINATIONS WHICH SHALL CONSIST OF
 THREE MEMBERS. ONE MEMBER SHALL BE APPOINTED BY THE GOVERNOR; THE  CHIEF
 EXECUTIVE  OFFICERS  OF THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-
 CONGRESS OF INDUSTRIAL ORGANIZATIONS AND THE  BUSINESS  COUNCIL  OF  NEW
 YORK STATE SHALL BE MEMBERS BY VIRTUE OF THEIR OFFICES. THE CHIEF EXECU-
 TIVE  OFFICERS  OF  THE NEW YORK STATE AMERICAN FEDERATION OF LABOR-CON-
 GRESS OF INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF  NEW  YORK
 STATE  MAY  DESIGNATE REPRESENTATIVES TO ACT IN THEIR PLACE OR STEAD AND
 ON THEIR BEHALF AS MEMBERS OF SUCH ADVISORY COMMITTEE. IN ADDITION,  THE
 CHAIR,  EXECUTIVE DIRECTOR AND THE COMMISSIONER OF LABOR OR THEIR DESIG-
 NATED REPRESENTATIVES SHALL BE INVITED TO ATTEND AND PARTICIPATE IN  ALL
 MEETINGS.

 A. 4825                             3
 
   (B)  IT SHALL BE THE DUTY OF THE ADVISORY COMMITTEE HEREBY ESTABLISHED
 TO ADVISE, COUNSEL AND CONFER WITH THE CHAIR AND EXECUTIVE  DIRECTOR  ON
 MATTERS  OF POLICY IN CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT
 OF LAWS AND REGULATIONS RELATING TO  INDEPENDENT  MEDICAL  EXAMINATIONS.
 THE  ADVISORY  COMMITTEE SHALL SPECIFICALLY EXAMINE THE FREQUENCY OF USE
 OF INDEPENDENT MEDICAL EXAMINATIONS, THE  QUALIFICATIONS  OF  EXAMINERS,
 THE EXISTENCE OF CONFLICTS OF INTEREST INVOLVING EXAMINERS AND INDEPEND-
 ENT  MEDICAL  EXAMINATION ORGANIZATIONS, THE FREQUENCY WITH WHICH RECOM-
 MENDATIONS RESULTING FROM INDEPENDENT MEDICAL EXAMINATIONS  ARE  INVALI-
 DATED  OR  AMENDED AND THE ADEQUACY OF CONTINUING EDUCATION PROGRAMS FOR
 EXAMINERS TO ENSURE THAT USE OF INDEPENDENT MEDICAL EXAMINATIONS IS  NOT
 ADVERSELY  IMPACTING  THE  TIMELINESS OR QUALITY OF CARE INJURED WORKERS
 RECEIVE. THE ADVISORY COMMITTEE SHALL REVIEW EXISTING AND PROPOSED STATE
 LAWS AND REGULATIONS PERTAINING TO INDEPENDENT MEDICAL EXAMINATIONS  AND
 RECOMMEND  TO  THE CHAIR, EXECUTIVE DIRECTOR AND THE CHAIRPERSONS OF THE
 ASSEMBLY AND SENATE STANDING COMMITTEES ON LABOR AND  INSURANCE,  NECES-
 SARY  CHANGES  OR  ADDITIONS  TO LAWS, REGULATIONS AND BOARD PROGRAMS TO
 IMPROVE MEDICAL CARE FOR  INJURED  WORKERS,  THE  EFFECTIVENESS  OF  THE
 BOARD'S  REGULATION  OF  INDEPENDENT MEDICAL EXAMINATIONS, EXAMINERS AND
 INDEPENDENT MEDICAL EXAMINATION  ORGANIZATIONS  AND  ENFORCEMENT  ACTIV-
 ITIES.  THE COMMITTEE SHALL REVIEW AND REVOKE AUTHORIZATIONS OF INDIVID-
 UAL EXAMINERS IF SUCH EXAMINERS EXHIBIT BIAS, CONFLICTS OF  INTEREST  OR
 OTHERWISE FAIL TO UPHOLD THEIR OBLIGATIONS UNDER THIS CHAPTER.
   (C)  THE  CHAIR SHALL ASSIGN STAFF TO ASSIST THE ADVISORY COMMITTEE AS
 NECESSARY AND SHALL PROVIDE NECESSARY INFORMATION AND SPACE FOR MEETINGS
 OF THE ADVISORY COMMITTEE. THE ADVISORY COMMITTEE SHALL KEEP A RECORD OF
 ITS MEETINGS AND RECOMMENDATIONS.
   (D) THE ADVISORY COMMITTEE SHALL MEET AT THE CALL OF THE CHAIR OR  ANY
 MEMBER  AND  AT  SUCH  OTHER  TIMES AS IT MAY DEEM NECESSARY AND AT SUCH
 PLACES AS MAY BE CONVENIENT. IN ANY EVENT, MEETINGS  SHALL  BE  HELD  AT
 LEAST  ONCE  PER  STATE FISCAL QUARTER. AN INITIAL MEETING SHALL BE HELD
 WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
   2. ALL EXAMINERS AND ALL INDIVIDUALS WITH OWNERSHIP INTERESTS IN INDE-
 PENDENT MEDICAL EXAMINATION ORGANIZATIONS MUST FILE STATEMENTS OF FINAN-
 CIAL DISCLOSURE WITH THE BOARD ON AN ANNUAL BASIS AS DESCRIBED IN SUBDI-
 VISION FOUR OF THIS SECTION.
   3. THE ANNUAL STATEMENT OF  FINANCIAL  DISCLOSURE  SHALL  CONTAIN  THE
 FOLLOWING INFORMATION AND SHALL BE IN THE FORM SET FORTH BELOW:
 ANNUAL STATEMENT OF FINANCIAL DISCLOSURE - (FOR CALENDAR YEAR)
 1. NAME
 2. (A) CHECK ONE
        (   ) EXAMINER
        (   ) OWNER OF INDEPENDENT MEDICAL EXAMINATION ORGANIZATION
            NAME AND ADDRESS OF INDEPENDENT MEDICAL EXAMINATION
            ORGANIZATION
 ________________________________________________________________________
 ________________________________________________________________________
    (B) ADDRESS OF PRESENT OFFICE
    (C) OFFICE TELEPHONE NUMBER
 3. (A) MARITAL STATUS
 IF  MARRIED,  PLEASE GIVE SPOUSE'S FULL NAME INCLUDING MAIDEN NAME WHERE
 APPLICABLE.
 (B) LIST THE NAMES OF ALL UNEMANCIPATED CHILDREN.
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________

 A. 4825                             4
 
 ANSWER EACH OF THE  FOLLOWING  QUESTIONS  COMPLETELY,  WITH  RESPECT  TO
 CALENDAR  YEAR      ,  UNLESS ANOTHER PERIOD OR DATE IS OTHERWISE SPECI-
 FIED. IF ADDITIONAL SPACE IS NEEDED, ATTACH ADDITIONAL PAGES.
 WHENEVER  A  "VALUE" OR "AMOUNT" IS REQUIRED TO BE REPORTED HEREIN, SUCH
 VALUE OR AMOUNT SHALL BE REPORTED AS BEING WITHIN ONE OF  THE  FOLLOWING
 CATEGORIES  IN  TABLE I OR TABLE II OF THIS SUBDIVISION AS CALLED FOR IN
 THE QUESTION: A REPORTING INDIVIDUAL  SHALL  INDICATE  THE  CATEGORY  BY
 LETTER  ONLY.  WHENEVER  "INCOME" IS REQUIRED TO BE REPORTED HEREIN, THE
 TERM "INCOME" SHALL MEAN THE AGGREGATE NET INCOME BEFORE TAXES FROM  THE
 SOURCE  IDENTIFIED.  THE TERM "CALENDAR YEAR" SHALL MEAN THE YEAR ENDING
 THE DECEMBER 31ST PRECEDING THE DATE OF FILING OF THE ANNUAL STATEMENT.
 4. (A) LIST ANY OFFICE, TRUSTEESHIP, DIRECTORSHIP, PARTNERSHIP, OR POSI-
 TION OF ANY NATURE, WHETHER COMPENSATED OR NOT, HELD  BY  THE  REPORTING
 INDIVIDUAL  WITH  ANY  FIRM,  CORPORATION,  ASSOCIATION, PARTNERSHIP, OR
 OTHER ORGANIZATION. INCLUDE COMPENSATED HONORARY POSITIONS; DO NOT  LIST
 MEMBERSHIP OR UNCOMPENSATED HONORARY POSITIONS.
 POSITION                                         ORGANIZATION
 ________________________________________________________________________
 ________________________________________________________________________
 (B) LIST ANY OFFICE, TRUSTEESHIP, DIRECTORSHIP, PARTNERSHIP, OR POSITION
 OF ANY NATURE, WHETHER COMPENSATED OR NOT, HELD BY THE SPOUSE OR UNEMAN-
 CIPATED  CHILD  OF THE REPORTING INDIVIDUAL, WITH ANY FIRM, CORPORATION,
 ASSOCIATION, PARTNERSHIP, OR  OTHER  ORGANIZATION.  INCLUDE  COMPENSATED
 HONORARY  POSITIONS;  DO  NOT  LIST MEMBERSHIP OR UNCOMPENSATED HONORARY
 POSITIONS.
 POSITION                                         ORGANIZATION
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 5. LIST THE NAME, ADDRESS AND DESCRIPTION OF ANY OCCUPATION,  EMPLOYMENT
 (OTHER  THAN  THE EMPLOYMENT LISTED UNDER ITEM 2 ABOVE), TRADE, BUSINESS
 OR PROFESSION ENGAGED IN BY THE REPORTING INDIVIDUAL.
    NAME & ADDRESS OF ORGANIZATION    POSITION           DESCRIPTION
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 6. LIST EACH SOURCE OF GIFTS IN EXCESS  OF  $500,  RECEIVED  DURING  THE
 REPORTING  PERIOD  FOR  WHICH  THIS  STATEMENT IS FILED BY THE REPORTING
 INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE OR UNEMANCIPATED CHILD  FROM  THE
 SAME  DONOR,  EXCLUDING  GIFTS  FROM  A  RELATIVE.  INCLUDE THE NAME AND
 ADDRESS OF THE DONOR. THE TERM "GIFTS" DOES NOT INCLUDE  REIMBURSEMENTS,
 WHICH  TERM  IS DEFINED IN ITEM 7. INDICATE THE VALUE AND NATURE OF EACH
 SUCH GIFT.
 CATEGORY   SELF, SPOUSE OR        NAME OF   NATURE OF       VALUE OF
              CHILD                  DONOR     GIFT            GIFT
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 7. IDENTIFY AND BRIEFLY DESCRIBE THE SOURCE OF  ANY  REIMBURSEMENTS  FOR
 EXPENDITURES,  IN  EXCESS OF $250 FROM EACH SUCH SOURCE. FOR PURPOSES OF
 THIS ITEM, THE  TERM  "REIMBURSEMENTS"  SHALL  MEAN  ANY  TRAVEL-RELATED
 EXPENSES PROVIDED BY SOURCES AND FOR ACTIVITIES RELATED TO THE REPORTING
 INDIVIDUAL'S OFFICIAL DUTIES SUCH AS, SPEAKING ENGAGEMENTS, CONFERENCES,

 A. 4825                             5
 
 OR FACT FINDING EVENTS. THE TERM "REIMBURSEMENTS" DOES NOT INCLUDE GIFTS
 REPORTED UNDER ITEM 6.
 
 SOURCE                                DESCRIPTION                       
 ________________________________________________________________________
 ________________________________________________________________________
 8.  LIST  THE  IDENTITY  AND VALUE, IF REASONABLY ASCERTAINABLE, OF EACH
 INTEREST IN A TRUST, ESTATE  OR  OTHER  BENEFICIAL  INTEREST,  INCLUDING
 RETIREMENT  PLANS,  AND  DEFERRED  COMPENSATION PLANS (E.G. 401, 403(B),
 457, ETC.) ESTABLISHED IN ACCORDANCE WITH THE INTERNAL REVENUE CODE,  IN
 WHICH  THE  REPORTING INDIVIDUAL HELD A BENEFICIAL INTEREST IN EXCESS OF
 $1,000 AT ANY TIME DURING THE PRECEDING YEAR. DO NOT REPORT INTERESTS IN
 A TRUST, ESTATE OR OTHER BENEFICIAL INTEREST ESTABLISHED BY OR  FOR,  OR
 THE ESTATE OF, A RELATIVE.
 
 IDENTITY                CATEGORY OF VALUE*                 (IN TABLE II)
 ________________________________________________________________________
 ________________________________________________________________________
   *  THE  VALUE  OF  SUCH  INTEREST SHALL BE REPORTED ONLY IF REASONABLY
 ASCERTAINABLE.
 9. LIST BELOW THE NATURE AND AMOUNT OF ANY INCOME IN EXCESS OF $500 FROM
 EACH SOURCE FOR THE REPORTING INDIVIDUAL AND  SUCH  INDIVIDUAL'S  SPOUSE
 FOR  THE  TAXABLE  YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING. EACH
 SUCH SOURCE MUST BE DESCRIBED WITH PARTICULARITY. INCOME  INCLUDES,  BUT
 IS NOT LIMITED TO, ALL INCOME (OTHER THAN THAT RECEIVED FROM THE EMPLOY-
 MENT  LISTED  UNDER  ITEM  2  ABOVE) FROM COMPENSATED EMPLOYMENT WHETHER
 PUBLIC OR PRIVATE, DIRECTORSHIPS AND OTHER FIDUCIARY POSITIONS, CONTRAC-
 TUAL ARRANGEMENTS, TEACHING INCOME, PARTNERSHIPS,  HONORARIUMS,  LECTURE
 FEES, CONSULTANT FEES, BANK AND BOND INTEREST, DIVIDENDS, INCOME DERIVED
 FROM  A  TRUST, REAL ESTATE RENTS, AND RECOGNIZED GAINS FROM THE SALE OR
 EXCHANGE OF REAL OR OTHER PROPERTY. INCOME FROM A BUSINESS OR PROFESSION
 AND REAL ESTATE RENTS SHALL BE REPORTED WITH THE  SOURCE  IDENTIFIED  BY
 THE  BUILDING  ADDRESS IN THE CASE OF REAL ESTATE RENTS AND OTHERWISE BY
 THE NAME OF THE ENTITY AND NOT BY THE NAME OF THE INDIVIDUAL  CUSTOMERS,
 CLIENTS  OR TENANTS, WITH THE AGGREGATE NET INCOME BEFORE TAXES FOR EACH
 BUILDING ADDRESS OR ENTITY.  THE  RECEIPT  OF  MAINTENANCE  RECEIVED  IN
 CONNECTION WITH A MATRIMONIAL ACTION, ALIMONY AND CHILD SUPPORT PAYMENTS
 SHALL NOT BE LISTED.
 SELF/                                                    CATEGORY SPOUSE
 SOURCE       NATURE OF INCOME          OF AMOUNT (IN TABLE I)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 10. LIST THE SOURCES OF ANY DEFERRED INCOME (NOT RETIREMENT  INCOME)  IN
 EXCESS  OF  $500 FROM EACH SOURCE TO BE PAID TO THE REPORTING INDIVIDUAL
 FOLLOWING THE CLOSE OF THE  CALENDAR  YEAR  FOR  WHICH  THIS  DISCLOSURE
 STATEMENT  IS FILED, OTHER THAN DEFERRED COMPENSATION REPORTED IN ITEM 8
 HEREINABOVE. DEFERRED INCOME DERIVED FROM THE PRACTICE OF  A  PROFESSION
 SHALL   BE LISTED IN THE AGGREGATE AND SHALL IDENTIFY AS THE SOURCE, THE
 NAME OF THE FIRM, CORPORATION, PARTNERSHIP OR ASSOCIATION THROUGH  WHICH
 THE INCOME WAS DERIVED, BUT SHALL NOT IDENTIFY INDIVIDUAL CLIENTS.
 SELF/                                                    CATEGORY SPOUSE
 SOURCE       NATURE OF INCOME          OF AMOUNT (IN TABLE I)
 ________________________________________________________________________
 ________________________________________________________________________

 A. 4825                             6
 
 ________________________________________________________________________
 ________________________________________________________________________
 11. LIST EACH ASSIGNMENT OF INCOME IN EXCESS OF $500, AND EACH  TRANSFER
 OTHER  THAN  TO  A  RELATIVE  DURING THE REPORTING PERIOD FOR WHICH THIS
 STATEMENT IS FILED FOR LESS THAN FAIR CONSIDERATION OF AN INTEREST IN  A
 TRUST, ESTATE OR OTHER BENEFICIAL INTEREST, SECURITIES OR REAL PROPERTY,
 BY THE REPORTING INDIVIDUAL, IN EXCESS OF $500, WHICH WOULD OTHERWISE BE
 REQUIRED TO BE REPORTED HEREIN AND IS NOT OR HAS NOT BEEN SO REPORTED.
                                                    CATEGORY
 SOURCE          ITEM ASSIGNED                      OF VALUE (IN TABLE I)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 12.  LIST  BELOW  THE  TYPE  AND  MARKET VALUE OF SECURITIES HELD BY THE
 REPORTING INDIVIDUAL OR SUCH INDIVIDUAL'S SPOUSE FROM EACH ISSUING ENTI-
 TY IN EXCESS OF $1,000 AT THE CLOSE OF THE TAXABLE YEAR  LAST  OCCURRING
 PRIOR  TO  THE  DATE OF FILING, INCLUDING THE NAME OF THE ISSUING ENTITY
 EXCLUSIVE OF SECURITIES HELD BY THE REPORTING  INDIVIDUAL  ISSUED  BY  A
 PROFESSIONAL  CORPORATION.  WHENEVER  AN  INTEREST  IN SECURITIES EXISTS
 THROUGH A BENEFICIAL INTEREST IN A TRUST, THE SECURITIES  HELD  IN  SUCH
 TRUST  SHALL  BE  LISTED  ONLY IF THE REPORTING INDIVIDUAL HAS KNOWLEDGE
 THEREOF EXCEPT WHERE THE REPORTING INDIVIDUAL OR THE REPORTING  INDIVID-
 UAL'S SPOUSE HAS TRANSFERRED ASSETS TO SUCH TRUST FOR HIS OR HER BENEFIT
 IN  WHICH  EVENT  SUCH  SECURITIES  SHALL  BE LISTED UNLESS THEY ARE NOT
 ASCERTAINABLE BY THE REPORTING INDIVIDUAL BECAUSE THE TRUSTEE  IS  UNDER
 AN OBLIGATION NOT TO DISCLOSE THE CONTENTS OF THE TRUST TO THE REPORTING
 INDIVIDUAL.  SECURITIES OF WHICH THE REPORTING INDIVIDUAL OR THE REPORT-
 ING INDIVIDUAL'S SPOUSE IS THE OWNER OF RECORD BUT IN WHICH  SUCH  INDI-
 VIDUAL  OR  THE REPORTING INDIVIDUAL'S SPOUSE HAS NO BENEFICIAL INTEREST
 SHALL NOT BE LISTED.  INDICATE  PERCENTAGE  OF  OWNERSHIP  ONLY  IF  THE
 REPORTING  PERSON  OR THE REPORTING PERSON'S SPOUSE HOLDS MORE THAN FIVE
 PERCENT (5%) OF THE STOCK OF A CORPORATION IN WHICH THE STOCK IS PUBLIC-
 LY TRADED OR MORE THAN TEN PERCENT (10%) OF THE STOCK OF  A  CORPORATION
 IN  WHICH  THE  STOCK IS NOT PUBLICLY TRADED. ALSO LIST SECURITIES OWNED
 FOR INVESTMENT PURPOSES BY A CORPORATION MORE THAN FIFTY  PERCENT  (50%)
 OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY THE REPORTING INDIVIDUAL
 OR  SUCH  INDIVIDUAL'S  SPOUSE.   FOR THE PURPOSE OF THIS ITEM, THE TERM
 "SECURITIES" SHALL MEAN MUTUAL FUNDS,  BONDS,  MORTGAGES,  NOTES,  OBLI-
 GATIONS,  WARRANTS  AND  STOCKS  OF  ANY  CLASS, INVESTMENT INTERESTS IN
 LIMITED OR GENERAL PARTNERSHIPS AND CERTIFICATES OF DEPOSITS  (CDS)  AND
 SUCH OTHER EVIDENCES OF INDEBTEDNESS AND CERTIFICATES OF INTEREST AS ARE
 USUALLY REFERRED TO AS SECURITIES.  THE MARKET VALUE FOR SUCH SECURITIES
 SHALL  BE  REPORTED  ONLY  IF  REASONABLY ASCERTAINABLE AND SHALL NOT BE
 REPORTED IF THE SECURITY IS AN INTEREST IN A  GENERAL  PARTNERSHIP  THAT
 WAS  LISTED  ABOVE  OR  IF THE SECURITY IS CORPORATE STOCK, NOT PUBLICLY
 TRADED, IN A TRADE OR BUSINESS OF A REPORTING INDIVIDUAL OR A  REPORTING
 INDIVIDUAL'S SPOUSE.
 SELF/      ISSUING        TYPE OF        PERCENTAGE OF  CATEGORY OF VALUE
 SPOUSE      ENTITY        SECURITY         OWNERSHIP        (IN TABLE II)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 13.  LIST  BELOW  THE  LOCATION, SIZE, GENERAL NATURE, ACQUISITION DATE,
 MARKET VALUE AND PERCENTAGE OF OWNERSHIP OF ANY REAL PROPERTY  IN  WHICH
 ANY  VESTED  OR  CONTINGENT  INTEREST IN EXCESS OF $1,000 IS HELD BY THE

 A. 4825                             7
 
 REPORTING INDIVIDUAL OR THE REPORTING  INDIVIDUAL'S  SPOUSE.  ALSO  LIST
 REAL  PROPERTY  OWNED FOR INVESTMENT PURPOSES BY A CORPORATION MORE THAN
 FIFTY PERCENT (50%) OF THE STOCK OF WHICH IS OWNED OR CONTROLLED BY  THE
 REPORTING  INDIVIDUAL  OR SUCH INDIVIDUAL'S SPOUSE. DO NOT LIST ANY REAL
 PROPERTY WHICH IS THE PRIMARY OR SECONDARY  PERSONAL  RESIDENCE  OF  THE
 REPORTING  INDIVIDUAL OR THE REPORTING INDIVIDUAL'S SPOUSE, EXCEPT WHERE
 THERE IS A CO-OWNER WHO IS OTHER THAN A RELATIVE.
 SELF/  LOCATION    PERCENTAGE   GENERAL  ACQUISITION CATEGORY OF MARKET
 SPOUSE   SIZE     OF OWNERSHIP   NATURE     DATE           VALUE
                                                         (IN TABLE II)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 14. LIST BELOW ALL NOTES AND ACCOUNTS RECEIVABLE, OTHER THAN FROM  GOODS
 OR  SERVICES  SOLD, HELD BY THE REPORTING INDIVIDUAL AT THE CLOSE OF THE
 TAXABLE YEAR LAST OCCURRING PRIOR TO THE DATE OF FILING AND OTHER  DEBTS
 OWED  TO SUCH INDIVIDUAL AT THE CLOSE OF THE TAXABLE YEAR LAST OCCURRING
 PRIOR TO THE DATE OF FILING, IN EXCESS OF $500, INCLUDING  THE  NAME  OF
 THE  DEBTOR,  TYPE OF OBLIGATION, DATE DUE AND THE NATURE OF THE COLLAT-
 ERAL SECURING PAYMENT OF EACH, IF  ANY,  EXCLUDING  SECURITIES  REPORTED
 ABOVE.  DEBTS, NOTES AND ACCOUNTS RECEIVABLE OWED TO THE INDIVIDUAL BY A
 RELATIVE SHALL NOT BE REPORTED.
 NAME OF   TYPE OF   DATE      NATURE OF              CATEGORY OF
 DEBTOR   OBLIGATION   DUE       COLLATERAL          AMOUNT (IN TABLE II)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 15. LIST BELOW ALL LIABILITIES OF  THE  REPORTING  INDIVIDUAL  AND  SUCH
 INDIVIDUAL'S  SPOUSE,  IN  EXCESS  OF $2,500 AS OF THE DATE OF FILING OF
 THIS STATEMENT, OTHER THAN  LIABILITIES  TO  A  RELATIVE.  DO  NOT  LIST
 LIABILITIES INCURRED BY, OR GUARANTEES MADE BY, THE REPORTING INDIVIDUAL
 OR  SUCH  INDIVIDUAL'S  SPOUSE  OR BY ANY PROPRIETORSHIP, PARTNERSHIP OR
 CORPORATION IN WHICH  THE  REPORTING  INDIVIDUAL  OR  SUCH  INDIVIDUAL'S
 SPOUSE  HAS AN INTEREST, WHEN INCURRED OR MADE IN THE ORDINARY COURSE OF
 THE TRADE, BUSINESS OR PROFESSIONAL PRACTICE OF THE REPORTING INDIVIDUAL
 OR SUCH INDIVIDUAL'S SPOUSE. INCLUDE THE NAME OF THE  CREDITOR  AND  ANY
 COLLATERAL  PLEDGED  BY  SUCH  INDIVIDUAL  TO SECURE PAYMENT OF ANY SUCH
 LIABILITY. A REPORTING INDIVIDUAL SHALL NOT LIST ANY OBLIGATION  TO  PAY
 MAINTENANCE  IN  CONNECTION  WITH A MATRIMONIAL ACTION, ALIMONY OR CHILD
 SUPPORT PAYMENTS. ANY LOAN ISSUED IN THE ORDINARY COURSE OF BUSINESS  BY
 A  FINANCIAL  INSTITUTION TO FINANCE EDUCATIONAL COSTS, THE COST OF HOME
 PURCHASE OR IMPROVEMENTS  FOR  A  PRIMARY  OR  SECONDARY  RESIDENCE,  OR
 PURCHASE  OF  A  PERSONALLY  OWNED MOTOR VEHICLE, HOUSEHOLD FURNITURE OR
 APPLIANCES SHALL BE EXCLUDED. IF ANY SUCH REPORTABLE LIABILITY HAS  BEEN
 GUARANTEED  BY ANY THIRD PERSON, LIST THE LIABILITY AND NAME THE GUARAN-
 TOR.
 CATEGORY
 NAME OF CREDITOR    TYPE              COLLATERAL,    CATEGORY OF
 OR GUARANTOR        OF LIABILITY OF     IF ANY     AMOUNT (IN TABLE II)
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 ________________________________________________________________________
 THE REQUIREMENTS OF LAW RELATING TO THE REPORTING OF FINANCIAL INTERESTS

 A. 4825                             8
 
 ARE IN THE PUBLIC INTEREST AND NO  ADVERSE  INFERENCE  OF  UNETHICAL  OR
 ILLEGAL  CONDUCT  OR  BEHAVIOR WILL BE DRAWN MERELY FROM COMPLIANCE WITH
 THESE REQUIREMENTS.
   (SIGNATURE OF REPORTING INDIVIDUAL) DATE (MONTH/DAY/YEAR)
 TABLE I
      CATEGORY A NONE
      CATEGORY B $ 1 TO UNDER $ 1,000
      CATEGORY C $ 1,000 TO UNDER $ 5,000
      CATEGORY D $ 5,000 TO UNDER $ 20,000
      CATEGORY E $ 20,000 TO UNDER $ 50,000
      CATEGORY F $ 50,000 TO UNDER $ 75,000
      CATEGORY G $ 75,000 TO UNDER $ 100,000
      CATEGORY H $ 100,000 TO UNDER $ 150,000
      CATEGORY I $ 150,000 TO UNDER $ 250,000
      CATEGORY J $ 250,000 TO UNDER $ 350,000
      CATEGORY K $ 350,000 TO UNDER $ 450,000
      CATEGORY L $ 450,000 TO UNDER $ 550,000
      CATEGORY M $ 550,000 TO UNDER $ 650,000
      CATEGORY N $ 650,000 TO UNDER $ 750,000
      CATEGORY O $ 750,000 TO UNDER $ 850,000
      CATEGORY P $ 850,000 TO UNDER $ 950,000
      CATEGORY Q $ 950,000 TO UNDER $ 1,050,000
      CATEGORY R $ 1,050,000 TO UNDER $ 1,150,000
      CATEGORY S $1,150,000 TO UNDER $1,250,000
      CATEGORY T $1,250,000 TO UNDER $1,350,000
      CATEGORY U $1,350,000 TO UNDER $1,450,000
      CATEGORY V $1,450,000 TO UNDER $1,550,000
      CATEGORY W $1,550,000 TO UNDER $1,650,000
      CATEGORY X $1,650,000 TO UNDER $1,750,000
      CATEGORY Y $1,750,000 TO UNDER $1,850,000
      CATEGORY Z $1,850,000 TO UNDER $1,950,000
      CATEGORY AA $1,950,000 TO UNDER $2,050,000
      CATEGORY BB $2,050,000 TO UNDER $2,150,000
      CATEGORY CC $2,150,000 TO UNDER $2,250,000
      CATEGORY DD $2,250,000 TO UNDER $2,350,000
      CATEGORY EE $2,350,000 TO UNDER $2,450,000
      CATEGORY FF $2,450,000 TO UNDER $2,550,000
      CATEGORY GG $2,550,000 TO UNDER $2,650,000
      CATEGORY HH $2,650,000 TO UNDER $2,750,000
      CATEGORY II $2,750,000 TO UNDER $2,850,000
      CATEGORY JJ $2,850,000 TO UNDER $2,950,000
      CATEGORY KK $2,950,000 TO UNDER $3,050,000
      CATEGORY LL $3,050,000 TO UNDER $3,150,000
      CATEGORY MM $3,150,000 TO UNDER $3,250,000
      CATEGORY NN $3,250,000 TO UNDER $3,350,000
      CATEGORY OO $3,350,000 TO UNDER $3,450,000
      CATEGORY PP $3,450,000 TO UNDER $3,550,000
      CATEGORY QQ $3,550,000 TO UNDER $3,650,000
      CATEGORY RR $3,650,000 TO UNDER $3,750,000
      CATEGORY SS $3,750,000 TO UNDER $3,850,000
      CATEGORY TT $3,850,000 TO UNDER $3,950,000
      CATEGORY UU $3,950,000 TO UNDER $4,050,000
      CATEGORY VV $4,050,000 TO UNDER $4,150,000
      CATEGORY WW $4,150,000 TO UNDER $4,250,000
      CATEGORY XX $4,250,000 TO UNDER $4,350,000
      CATEGORY YY $4,350,000 TO UNDER $4,450,000

 A. 4825                             9
 
      CATEGORY ZZ $4,450,000 TO UNDER $4,550,000
      CATEGORY AAA $4,550,000 TO UNDER $4,650,000
      CATEGORY BBB $4,650,000 TO UNDER $4,750,000
      CATEGORY CCC $4,750,000 TO UNDER $4,850,000
      CATEGORY DDD $4,850,000 TO UNDER $4,950,000
      CATEGORY EEE $4,950,000 TO UNDER $5,050,000
      CATEGORY FFF $5,050,000 TO UNDER $5,150,000
      CATEGORY GGG $5,150,000 TO UNDER $5,250,000
      CATEGORY HHH $5,250,000 TO UNDER $5,350,000
      CATEGORY III $5,350,000 TO UNDER $5,450,000
      CATEGORY JJJ $5,450,000 TO UNDER $5,550,000
      CATEGORY KKK $5,550,000 TO UNDER $5,650,000
      CATEGORY LLL $5,650,000 TO UNDER $5,750,000
      CATEGORY MMM $5,750,000 TO UNDER $5,850,000
      CATEGORY NNN $5,850,000 TO UNDER $5,950,000
      CATEGORY OOO $5,950,000 TO UNDER $6,050,000
      CATEGORY PPP $6,050,000 TO UNDER $6,150,000
      CATEGORY QQQ $6,150,000 TO UNDER $6,250,000
      CATEGORY RRR $6,250,000 TO UNDER $6,350,000
      CATEGORY SSS $6,350,000 TO UNDER $6,450,000
      CATEGORY TTT $6,450,000 TO UNDER $6,550,000
      CATEGORY UUU $6,550,000 TO UNDER $6,650,000
      CATEGORY VVV $6,650,000 TO UNDER $6,750,000
      CATEGORY WWW $6,750,000 TO UNDER $6,850,000
      CATEGORY XXX $6,850,000 TO UNDER $6,950,000
      CATEGORY YYY $6,950,000 TO UNDER $7,050,000
      CATEGORY ZZZ $7,050,000 TO UNDER $7,150,000
      CATEGORY AAAA $7,150,000 TO UNDER $7,250,000
      CATEGORY BBBB $7,250,000 TO UNDER $7,350,000
      CATEGORY CCCC $7,350,000 TO UNDER $7,450,000
      CATEGORY DDDD $7,450,000 TO UNDER $7,550,000
      CATEGORY EEEE $7,550,000 TO UNDER $7,650,000
      CATEGORY FFFF $7,650,000 TO UNDER $7,750,000
      CATEGORY GGGG $7,750,000 TO UNDER $7,850,000
      CATEGORY HHHH $7,850,000 TO UNDER $7,950,000
      CATEGORY IIII $7,950,000 TO UNDER $8,050,000
      CATEGORY JJJJ $8,050,000 TO UNDER $8,150,000
      CATEGORY KKKK $8,150,000 TO UNDER $8,250,000
      CATEGORY LLLL $8,250,000 TO UNDER $8,350,000
      CATEGORY MMMM $8,350,000 TO UNDER $8,450,000
      CATEGORY NNNN $8,450,000 TO UNDER $8,550,000
      CATEGORY OOOO $8,550,000 TO UNDER $8,650,000
      CATEGORY PPPP $8,650,000 TO UNDER $8,750,000
      CATEGORY QQQQ $8,750,000 TO UNDER $8,850,000
      CATEGORY RRRR $8,850,000 TO UNDER $8,950,000
      CATEGORY SSSS $8,950,000 TO UNDER $9,050,000
      CATEGORY TTTT $9,050,000 TO UNDER $9,150,000
      CATEGORY UUUU $9,150,000 TO UNDER $9,250,000
      CATEGORY VVVV $9,250,000 TO UNDER $9,350,000
      CATEGORY WWWW $9,350,000 TO UNDER $9,450,000
      CATEGORY XXXX $9,450,000 TO UNDER $9,550,000
      CATEGORY YYYY $9,550,000 TO UNDER $9,650,000
      CATEGORY ZZZZ $9,650,000 TO UNDER $9,750,000
      CATEGORY AAAAA $9,750,000 TO UNDER $9,850,000
      CATEGORY BBBBB $9,850,000 TO UNDER $9,950,000
      CATEGORY CCCCC $9,950,000 TO UNDER $10,000,000

 A. 4825                            10

      CATEGORY DDDDD $10,000,000 OR OVER
 TABLE II
      CATEGORY A NONE
      CATEGORY B $1 TO UNDER $1,000
      CATEGORY C $1,000 TO UNDER $5,000
      CATEGORY D $5,000 TO UNDER $20,000
      CATEGORY E $20,000 TO UNDER $50,000
      CATEGORY F $50,000 TO UNDER $75,000
      CATEGORY G $75,000 TO UNDER $100,000
      CATEGORY H $100,000 TO UNDER $150,000
      CATEGORY I $150,000 TO UNDER $250,000
      CATEGORY J $250,000 TO UNDER $500,000
      CATEGORY K $500,000 TO UNDER $750,000
      CATEGORY L $750,000 TO UNDER $1,000,000
      CATEGORY M $1,000,000 TO UNDER $1,250,000
      CATEGORY N $1,250,000 TO UNDER $1,500,000
      CATEGORY O $1,500,000 TO UNDER $1,750,000
      CATEGORY P $1,750,000 TO UNDER $2,000,000
      CATEGORY Q $2,000,000 TO UNDER $2,250,000
      CATEGORY R $2,250,000 TO UNDER $2,500,000
      CATEGORY S $2,500,000 TO UNDER $2,750,000
      CATEGORY T $2,750,000 TO UNDER $3,000,000
      CATEGORY U $3,000,000 TO UNDER $3,250,000
      CATEGORY V $3,250,000 TO UNDER $3,500,000
      CATEGORY W $3,500,000 TO UNDER $3,750,000
      CATEGORY X $3,750,000 TO UNDER $4,000,000
      CATEGORY Y $4,000,000 TO UNDER $4,250,000
      CATEGORY Z $4,250,000 TO UNDER $4,500,000
      CATEGORY AA $4,500,000 TO UNDER $4,750,000
      CATEGORY BB $4,750,000 TO UNDER $5,000,000
      CATEGORY CC $5,000,000 TO UNDER $5,250,000
      CATEGORY DD $5,250,000 TO UNDER $5,500,000
      CATEGORY EE $5,500,000 TO UNDER $5,750,000
      CATEGORY FF $5,750,000 TO UNDER $6,000,000
      CATEGORY GG $6,000,000 TO UNDER $6,250,000
      CATEGORY HH $6,250,000 TO UNDER $6,500,000
      CATEGORY II $6,500,000 TO UNDER $6,750,000
      CATEGORY JJ $6,750,000 TO UNDER $7,000,000
      CATEGORY KK $7,000,000 TO UNDER $7,250,000
      CATEGORY LL $7,250,000 TO UNDER $7,500,000
      CATEGORY MM $7,500,000 TO UNDER $7,750,000
      CATEGORY NN $7,750,000 TO UNDER $8,000,000
      CATEGORY OO $8,000,000 TO UNDER $8,250,000
      CATEGORY PP $8,250,000 TO UNDER $8,500,000
      CATEGORY QQ $8,500,000 TO UNDER $8,750,000
      CATEGORY RR $8,750,000 TO UNDER $9,000,000
      CATEGORY SS $9,000,000 TO UNDER $9,250,000
      CATEGORY TT $9,250,000 TO UNDER $9,500,000
      CATEGORY UU $9,500,000 OR OVER
   4. A REPORTING INDIVIDUAL WHO KNOWINGLY AND WILLFULLY FAILS TO FILE AN
 ANNUAL  STATEMENT OF FINANCIAL DISCLOSURE OR WHO KNOWINGLY AND WILLFULLY
 WITH INTENT TO DECEIVE MAKES A  FALSE  STATEMENT  OR  GIVES  INFORMATION
 WHICH  SUCH  INDIVIDUAL KNOWS TO BE FALSE ON SUCH STATEMENT OF FINANCIAL
 DISCLOSURE FILED PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO  A  CIVIL
 PENALTY  IN  AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS.  ASSESSMENT
 OF A CIVIL PENALTY HEREUNDER SHALL BE MADE BY THE BOARD.

 A. 4825                            11
 
   THE BOARD MAY IN LIEU OF OR IN ADDITION TO A CIVIL  PENALTY,  REFER  A
 VIOLATION  TO  THE  APPROPRIATE PROSECUTOR AND UPON SUCH CONVICTION, BUT
 ONLY AFTER SUCH REFERRAL, SUCH VIOLATION SHALL BE PUNISHABLE AS A  CLASS
 A MISDEMEANOR. A CIVIL PENALTY FOR FALSE FILING MAY NOT BE IMPOSED HERE-
 UNDER  IN THE EVENT A CATEGORY OF "VALUE" OR "AMOUNT" REPORTED HEREUNDER
 IS INCORRECT UNLESS SUCH REPORTED INFORMATION  IS  FALSELY  UNDERSTATED.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, NO OTHER
 PENALTY, CIVIL OR CRIMINAL MAY BE IMPOSED FOR A FAILURE TO FILE, OR  FOR
 A  FALSE  FILING,  OF  SUCH  STATEMENT, EXCEPT THAT THE BOARD MAY IMPOSE
 DISCIPLINARY ACTION AS OTHERWISE PROVIDED BY LAW.  THE  BOARD  SHALL  BE
 DEEMED  TO BE AN AGENCY WITHIN THE MEANING OF ARTICLE THREE OF THE STATE
 ADMINISTRATIVE PROCEDURE ACT AND SHALL ADOPT RULES GOVERNING THE CONDUCT
 OF ADJUDICATORY PROCEEDINGS AND APPEALS RELATING TO  THE  ASSESSMENT  OF
 THE  CIVIL  PENALTIES  HEREIN  AUTHORIZED.  SUCH  RULES,  WHICH SHALL BE
 SUBJECT TO THE APPROVAL REQUIREMENTS OF THE STATE ADMINISTRATIVE  PROCE-
 DURE  ACT,  SHALL PROVIDE FOR DUE PROCESS PROCEDURAL MECHANISMS SUBSTAN-
 TIALLY SIMILAR TO THOSE SET FORTH IN SUCH ARTICLE THREE BUT  SUCH  MECH-
 ANISMS  NEED  NOT BE IDENTICAL IN TERMS OR SCOPE.  ASSESSMENT OF A CIVIL
 PENALTY SHALL BE FINAL UNLESS  MODIFIED,  SUSPENDED  OR  VACATED  WITHIN
 THIRTY  DAYS  OF  IMPOSITION AND UPON BECOMING FINAL SHALL BE SUBJECT TO
 REVIEW AT THE  INSTANCE  OF  THE  AFFECTED  REPORTING  INDIVIDUAL  IN  A
 PROCEEDING  COMMENCED  AGAINST  THE  BOARD, PURSUANT TO ARTICLE SEVENTY-
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   5. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW  OR  ANY  PROFESSIONAL
 DISCIPLINARY RULE TO THE CONTRARY, THE DISCLOSURE OF THE IDENTITY OF ANY
 CLIENT  OR  CUSTOMER  ON  A  REPORTING  INDIVIDUAL'S ANNUAL STATEMENT OF
 FINANCIAL DISCLOSURE SHALL NOT CONSTITUTE PROFESSIONAL MISCONDUCT  OR  A
 GROUND  FOR  DISCIPLINARY  ACTION OF ANY KIND, OR FORM THE BASIS FOR ANY
 CIVIL OR CRIMINAL CAUSE OF ACTION OR PROCEEDING.
   6. STARTING  JANUARY  FIRST,  TWO  THOUSAND  TWENTY,  IN  ADDITION  TO
 REQUIREMENTS  SET FORTH IN SECTION THIRTEEN-B OF THIS ARTICLE, EXAMINERS
 MUST: (A) TREAT FIFTY PATIENTS PER YEAR; (B) TREAT TEN  INJURED  WORKERS
 PER  YEAR;  (C)  PERFORM TWENTY-FOUR CREDIT HOURS OF CONTINUING EXAMINER
 EDUCATION PER YEAR, SIX  HOURS  OF  WHICH  MUST  FOCUS  ON  PROFESSIONAL
 ETHICS;  AND  (D)  REGISTER WITH THE BOARD ANNUALLY AND SUBMIT AN ANNUAL
 REGISTRATION FEE OF FIVE HUNDRED DOLLARS.
   7. (A) PURSUANT TO THE  STATE  ADMINISTRATIVE  PROCEDURE  LAW,  ON  OR
 BEFORE  JANUARY FIRST, TWO THOUSAND NINETEEN, THE CHAIR SHALL PROMULGATE
 REGULATIONS  ESTABLISHING  A  STATEWIDE  CONTINUING  EXAMINER  EDUCATION
 PROGRAM.
   (B)  ALL  CONTINUING  EXAMINER  EDUCATION  COURSES  MUST BE ORGANIZED,
 TAUGHT AND ADMINISTERED BY BOARD STAFF WITH  EXPERTISE  IN  THE  SUBJECT
 MATTER OF THE COURSE.
   (C) COURSES MUST BE PERFORMED AND ATTENDED IN-PERSON.
   (D) COURSES MUST ADDRESS ONE OR MORE OF THE FOLLOWING TOPICS:  PROFES-
 SIONAL  RESPONSIBILITY,  ETHICS AND TECHNOLOGICAL ADVANCEMENTS IN TREAT-
 MENT OF INJURED WORKERS.
   8. (A) THERE IS HEREBY ESTABLISHED IN THE WORKERS' COMPENSATION  BOARD
 AN OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
   (B)  THE  OFFICE  SHALL  BE  ADMINISTERED  BY AN INDEPENDENT INSPECTOR
 GENERAL. ON OR BEFORE JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE  INSPEC-
 TOR  GENERAL  SHALL  BE  APPOINTED  BY THE GOVERNOR, WITH THE ADVICE AND
 CONSENT OF THE SENATE. THE  INDEPENDENT  MEDICAL  EXAMINATION  INSPECTOR
 GENERAL  SHALL SERVE FOR A TERM OF TWELVE YEARS. THE INDEPENDENT MEDICAL
 EXAMINATION INSPECTOR GENERAL SHALL RECEIVE  AN  ANNUAL  SALARY  OF  ONE

 A. 4825                            12
 
 HUNDRED  FIFTY  THOUSAND  DOLLARS  AND  MAY NOT HOLD ANY OTHER OFFICE OR
 POSITION OR ENGAGE IN OTHER EMPLOYMENT.
   (C)  FEES,  ASSESSMENTS, FINES AND PENALTIES PAID PURSUANT TO SUBDIVI-
 SIONS FOUR, SIX AND NINE OF THIS SECTION SHALL BE COLLECTED BY THE BOARD
 AND MAINTAINED IN A DEDICATED FUND TO BE USED AS THE  OPERATING  REVENUE
 OF  THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
 THE CHAIR SHALL PROVIDE ADDITIONAL REVENUE AS NECESSARY TO CARRY OUT THE
 RESPONSIBILITIES OF THE OFFICE.
   (D) THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINER  INSPECTOR  GENERAL
 SHALL: (I) ENFORCE ANNUAL REGISTRATION AND FINANCIAL DISCLOSURE REQUIRE-
 MENTS  PURSUANT  TO  THIS  SECTION;  (II)  COLLECT, REVIEW AND AGGREGATE
 INFORMATION CONTAINED IN ANNUAL FINANCIAL DISCLOSURE  STATEMENTS;  (III)
 PERIODICALLY  AUDIT EXAMINERS AND INDEPENDENT MEDICAL EXAMINATION ORGAN-
 IZATIONS TO VERIFY THE  VERACITY  OF  INFORMATION  CONTAINED  IN  ANNUAL
 AUDITS  AND  TO  VERIFY  COMPLIANCE  WITH  CONTINUING EXAMINER EDUCATION
 REQUIREMENTS; (IV) INVESTIGATE CONFLICTS OF  INTEREST,  MALFEASANCE  AND
 NONFEASANCE IN CONNECTION WITH INDEPENDENT MEDICAL EXAMINATIONS; AND (V)
 REPORT  ANNUALLY  TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND
 SPEAKER OF THE ASSEMBLY ON THE USE OF INDEPENDENT MEDICAL  EXAMINATIONS,
 ON  INDIVIDUAL  INVESTIGATIONS  AND  RECOMMEND  REGULATORY AND STATUTORY
 CHANGES.
   9. FOR EACH INDEPENDENT MEDICAL EXAMINATION ORDERED OR REQUESTED BY  A
 CARRIER  OR  THE STATE FUND AND PERFORMED BY AN EXAMINER, THE CARRIER OR
 STATE FUND SHALL PAY AN ASSESSMENT OF FIFTY DOLLARS TO THE BOARD  WITHIN
 SEVEN  DAYS  OF  THE  DATE  OF THE EXAMINATION. SUCH ASSESSMENT SHALL BE
 MAINTAINED BY THE BOARD IN A DEDICATED FUND FOR THE PURPOSE  OF  FUNDING
 THE OFFICE OF THE INDEPENDENT MEDICAL EXAMINATION INSPECTOR GENERAL.
   §  7.  Section  13-f  of  the  workers' compensation law is amended by
 adding a new subdivision 3 to read as follows:
   (3) THE CHAIR SHALL IMMEDIATELY CONDUCT A STUDY TO ANALYZE THE  AVAIL-
 ABILITY  AND  QUALITY  OF  CARE  FOR INJURED WORKERS BASED ON SPECIALTY,
 PRACTICE AREA AND GEOGRAPHICAL REGION OF THE STATE. THE RESULTS OF  THAT
 STUDY  SHALL  BE  RELEASED  TO  THE PUBLIC ON OR BEFORE DECEMBER THIRTY-
 FIRST, TWO THOUSAND SEVENTEEN. WHERE CERTAIN GEOGRAPHICAL REGIONS OF THE
 STATE ARE UNDERSERVED BY AUTHORIZED PROVIDERS IN A SPECIALTY, THE  CHAIR
 SHALL  DEVISE  AND  IMPLEMENT  A  COURSE OF ACTION TO ATTRACT ADDITIONAL
 PROVIDERS OF THAT SPECIFIC SPECIALTY TO PARTICIPATE IN THE SYSTEM.  THIS
 COURSE  OF  ACTION  SHALL  INCLUDE,  BUT  IS  NOT LIMITED TO, INCREASING
 MEDICAL REIMBURSEMENT RATES FOR  SPECIALTY  SERVICES  IN  REGIONS  WHERE
 PARTICIPATING PROVIDERS OF SUCH SERVICES ARE SCARCE, REGARDLESS OF OVER-
 ALL INCREASE OF COST TO THE SYSTEM.
   §  8.  Section  13-g  of  the  workers' compensation law is amended by
 adding a new subdivision 1-a to read as follows:
   (1-A) WHERE AN EMPLOYER OR CARRIER EXHIBITS A PATTERN OF CONTROVERTING
 MEDICAL BILLS ON THE FORTY-FIFTH DAY FOLLOWING RENDERING, THERE SHALL BE
 A PRESUMPTION THAT SUCH CONTROVERSION IS FRIVOLOUS AND UNFOUNDED. IF THE
 EMPLOYER OR CARRIER FAILS  TO  PROVIDE  CLEAR  AND  CONVINCING  EVIDENCE
 REBUTTING THIS PRESUMPTION, THE CARRIER OR EMPLOYER MUST PAY THE BILL AS
 IF  NOTICE  OF CONTROVERSION HAS NOT BEEN PROVIDED.  FOR THE PURPOSES OF
 THIS SECTION, A PATTERN OF CONTROVERSION ON THE FORTY-FIFTH DAY  FOLLOW-
 ING  RENDERING  EXISTS WHERE WITHIN THE PAST SIX MONTHS, FIVE PERCENT OR
 MORE OF AN EMPLOYER OR CARRIER'S MEDICAL BILL  CONTROVERSIONS  OCCUR  ON
 THE  FORTY-FIFTH  DAY  FOLLOWING  RENDERING.  THE CHAIR SHALL MAINTAIN A
 LIST, TO BE PUBLISHED ON THE BOARD'S WEBSITE AND TO BE UPDATED DAILY, OF
 EMPLOYERS AND CARRIERS WHOSE CONTROVERSION PRACTICES  QUALIFY  THEM  FOR
 SUCH PRESUMPTION.

 A. 4825                            13
 
   §  9.  Subdivision 3 of section 13-n of the workers' compensation law,
 as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
 follows:
   3.  The  chair,  upon  finding that an EXAMINER OR entity that derives
 income from independent medical examinations has materially  altered  an
 independent  medical  examination  report, or caused such a report to be
 materially altered, [may] SHALL revoke THE AUTHORIZATION OF SUCH EXAMIN-
 ER OR the registration of such entity, impose a penalty [not  exceeding]
 OF  AT  LEAST  ten thousand dollars and refer the matter to the attorney
 general for prosecution.
   § 10. Subdivision 5 of section 14 of the workers' compensation law, as
 amended by chapter 730 of the laws  of  1978,  is  amended  to  read  as
 follows:
   5. If it be established that the injured employee was under the age of
 [twenty-five]  THIRTY-FIVE  when injured, OR WAS ACCEPTED TO OR ENROLLED
 IN AN APPRENTICESHIP TRAINING PROGRAM APPROVED BY  THE  COMMISSIONER  OF
 LABOR  PURSUANT TO ARTICLE TWENTY-THREE OF THE LABOR LAW, and that under
 normal conditions his OR HER wages would be expected to  increase,  that
 fact  [may] SHALL be considered in arriving at his OR HER average weekly
 wages.
   § 11. The section heading of section 14-a of the workers' compensation
 law, as amended by chapter 142 of the laws of 1947, is amended  to  read
 as follows:
   Double compensation and death benefits when [minors] WORKERS illegally
 employed.
   §  12. Subdivision 1 of section 14-a of the workers' compensation law,
 as amended by chapter 67 of the laws of 1983,  is  amended  to  read  as
 follows:
   1.  Compensation,  death  benefits,  and awards to the commissioner of
 taxation and finance in accordance  with  subdivision  nine  of  section
 fifteen and section twenty-five-a, as provided in this article, shall be
 double  the amount otherwise payable if the injured employee at the time
 of the accident is [a minor employed,] permitted or suffered to work  in
 violation of any provision of the labor law or in violation of [any rule
 heretofore  or  hereafter  adopted by the board of standards and appeals
 pursuant to subdivision four of section one hundred thirty-three of said
 law] MUNICIPAL, COUNTY, STATE OR FEDERAL STATUTE, RULE OR REGULATION.
   An employer who knowingly permits or suffers a  newspaper  carrier  to
 work  in  violation  of  section  thirty-two hundred twenty-eight of the
 education law, shall be liable for the increased awards provided by this
 section.
   § 13. 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 compensation by

 A. 4825                            14
 
 engaging in business or employment  provided  his  OR  HER  earnings  or
 wages,  when  combined  with his 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.
   § 14. Subdivision 3 of section 15 of the  workers'  compensation  law,
 paragraph  e  as  amended  by  chapter 317 and paragraph f as amended by
 chapter 320 of the laws of 1924, paragraph m as amended by  chapter  554
 of  the  laws of 1927, paragraph o as amended by chapter 754 of the laws
 of 1928, paragraph q as amended by chapter 661  of  the  laws  of  1935,
 paragraph  s  as amended by chapter 204 of the laws of 1988, paragraph t
 as amended by chapter 774 of the laws of 1945, subparagraphs 1 and 2  of
 paragraph  t  as amended by chapter 924 of the laws of 1990, paragraph u
 as amended by chapter 351 of the laws of 2009, paragraph v as amended by
 chapter 364 of the laws of 1989 and paragraph w as amended by chapter  6
 of the laws of 2007, is amended to read as follows:
   3.  Permanent  partial  disability.  In  case of disability partial in
 character but permanent in quality the compensation shall  be  sixty-six
 and  two-thirds per centum of the average weekly wages and shall be paid
 to the employee for the period named in this subdivision, as follows:
                                                             Number of
 Member lost                                          weeks' compensation
 a. Arm ........................................................... [312]
                                                                     624
 b. Leg ........................................................... [288]
                                                                     576
 c. Hand .......................................................... [244]
                                                                     488
 d. Foot .......................................................... [205]
                                                                     410
 e. eye ........................................................... [160]
                                                                     320
 f. Thumb .......................................................... [75]
                                                                     150
 g. First finger ................................................... [46]
                                                                      92
 h. Great toe ...................................................... [38]
                                                                      76
 i. Second finger .................................................. [30]
                                                                      60
 j. Third finger ................................................... [25]
                                                                      50
 k. Toe other than great toe ....................................... [16]
                                                                      32
 l. Fourth finger .................................................. [15]
                                                                      30
   m. Loss of hearing. Compensation for the complete loss of the  hearing
 of  one ear, for [sixty] ONE HUNDRED TWENTY weeks, for the loss of hear-
 ing of both ears, for [one hundred and fifty] THREE HUNDRED weeks.

 A. 4825                            15
 
   n. Phalanges. Compensation for the loss of [more than] one phalange of
 a digit shall be the same as for loss of the entire digit. [Compensation
 for loss of the first phalange shall be one-half of the compensation for
 loss of the entire digit.]
   o. Amputated arm or leg. Compensation for an arm or a leg, if amputat-
 ed  at or above the wrist or ankle, shall be for the [proportionate loss
 of the] ENTIRE arm or leg.
   p. Binocular vision or per centum of vision. Compensation for loss  of
 binocular  vision or for [eighty] FIFTY per centum or more of the vision
 of an eye shall be the same as for loss of the eye.
   q. Two or more digits. Compensation for loss or loss of use of two  or
 more  digits,  or one or more phalanges of two or more digits, of a hand
 or foot [may be proportioned to the loss of use  of  the  hand  or  foot
 occasioned  thereby  but  shall not exceed] SHALL EQUAL the compensation
 for loss of a hand or foot.
   r. Total loss of use. Compensation for permanent total loss of use  of
 a member shall be the same as for loss of the member.
   s.  Partial  loss  or  partial loss of use. Compensation for permanent
 partial loss or loss of use of a member may be for proportionate loss or
 loss of use of the member. Compensation for permanent  partial  loss  or
 loss  of use of an eye shall be awarded on the basis of uncorrected loss
 of vision or corrected loss of vision resulting from an injury whichever
 is the greater.
   t. Disfigurement. 1. The board [may] SHALL award proper and  equitable
 compensation  for  serious [facial or head] disfigurement, not to exceed
 [twenty] FIVE  HUNDRED  thousand  dollars[,  including  a  disfigurement
 continuous  in  length  which  is  partially in the facial area and also
 extends into the neck region as described in paragraph two hereof].
   2. The board, if in its opinion the earning capacity  of  an  employee
 has  been  or  may in the future be impaired, may award compensation for
 any serious disfigurement [in the region  above  the  sterno  clavicular
 articulations  anterior to and including the region of the sterno cleido
 mastoid muscles on either side], but no award under subdivisions one and
 two OF THIS SECTION  shall,  in  the  aggregate,  exceed  [twenty]  FIVE
 HUNDRED thousand dollars.
   [3.  Notwithstanding  any  other provision hereof, two or more serious
 disfigurements, not continuous in length, resulting from the same  inju-
 ry,  if partially in the facial area and partially in the neck region as
 described in paragraph two hereof,  shall  be  deemed  to  be  a  facial
 disfigurement.]
   u.  Total  or  partial  loss or loss of use of more than one member or
 parts of members. In any case in which there shall be a loss or loss  of
 use  of  more than one member or parts of more than one member set forth
 in paragraphs a through t,  inclusive,  of  this  subdivision,  but  not
 amounting  to  permanent total disability, the board shall award compen-
 sation for the loss or loss of use of each such member or part  thereof,
 which  awards shall be fully payable in one lump sum upon the request of
 the injured employee.
   v. Additional compensation for impairment of wage earning capacity  in
 certain   permanent  partial  disabilities.  Notwithstanding  any  other
 provision of this subdivision, [additional] compensation shall be  paya-
 ble  for  impairment  of wage earning capacity [for any period after the
 termination of an award], DURING THE ENTIRE PERIOD OF  SUCH  IMPAIRMENT,
 REGARDLESS  OF  WHETHER AN AWARD WAS MADE under paragraphs a, b, c, [or]
 d, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T OR U of this  subdivi-
 sion  for  the  loss or PROPORTIONAL loss of use of [fifty per centum or

 A. 4825                            16

 more of] a member, provided such impairment of earning capacity shall be
 due solely thereto. Such [additional] compensation shall  be  determined
 in  accordance  with  paragraph  w  of this subdivision. [The additional
 compensation shall be reduced by fifty per centum of any amount of disa-
 bility  benefits which the disabled employee is receiving or entitled to
 receive for the same period under the social  security  act,  and  shall
 cease  on  the  date  the  disabled  employee receives or is entitled to
 receive old-age insurance benefits under the social  security  act.]  As
 soon  as  practicable  after the injury, the worker shall be required to
 participate in a board approved rehabilitation program;  or  shall  have
 demonstrated cooperation with efforts to institute such a board approved
 program and shall have been determined by the board not to be a feasible
 candidate  for  rehabilitation;  such  rehabilitation  shall  constitute
 treatment and care as provided in this chapter.
   w. Other cases. In all other cases of  permanent  partial  disability,
 the  compensation  shall  be  sixty-six  and  two-thirds  percent of the
 difference between the injured employee's average weekly wages  and  his
 or her wage-earning capacity thereafter in the same employment or other-
 wise.    Compensation  under  this paragraph shall be payable during the
 continuance of such permanent partial disability, but subject to  recon-
 sideration  of  the  degree  of  such impairment by the board on its own
 motion or upon application  of  any  party  in  interest  [however,  all
 compensation  payable  under  this  paragraph  shall not exceed (i) five
 hundred twenty-five weeks in cases in which  the  loss  of  wage-earning
 capacity is greater than ninety-five percent; (ii) five hundred weeks in
 cases  in which the loss of wage-earning capacity is greater than ninety
 percent but not more than ninety-five percent; (iii) four hundred seven-
 ty-five weeks in cases in which the loss  of  wage-earning  capacity  is
 greater  than eighty-five percent but not more than ninety percent; (iv)
 four hundred fifty weeks in cases in  which  the  loss  of  wage-earning
 capacity  is  greater  than eighty percent but not more than eighty-five
 percent; (v) four hundred twenty-five weeks in cases in which  the  loss
 of  wage-earning  capacity  is greater than seventy-five percent but not
 more than eighty percent; (vi) four hundred weeks in cases in which  the
 loss  of  wage-earning  capacity is greater than seventy percent but not
 more than seventy-five percent; (vii) three hundred  seventy-five  weeks
 in  cases  in  which  the  loss of wage-earning capacity is greater than
 sixty percent but not more than seventy percent;  (viii)  three  hundred
 fifty  weeks  in  cases  in  which  the loss of wage-earning capacity is
 greater than fifty percent but not more than sixty percent;  (ix)  three
 hundred  weeks  in  cases  in which the loss of wage-earning capacity is
 greater than forty percent but not more  than  fifty  percent;  (x)  two
 hundred  seventy-five  weeks  in cases in which the loss of wage-earning
 capacity is greater than thirty percent but not more than forty percent;
 (xi) two hundred fifty weeks in cases in which the loss of  wage-earning
 capacity  is  greater  than  fifteen  percent  but  not more than thirty
 percent; and (xii) two hundred twenty-five weeks in cases in  which  the
 loss  of  wage-earning  capacity  is  fifteen percent or less. For those
 claimants classified as permanently partially  disabled  who  no  longer
 receive  indemnity  payments because they have surpassed their number of
 maximum benefit weeks, the following provisions will apply:
   (1) There will be a presumption that medical services  shall  continue
 notwithstanding  the  completion of the time period for compensation set
 forth in this section and the burden of going forward and the burden  of
 proof  will  lie with the carrier, self-insured employer or state insur-
 ance fund in any application before the board to discontinue or  suspend

 A. 4825                            17

 such services. Medical services will continue during the pendency of any
 such application and any appeals thereto.
   (2)  The board is directed to promulgate regulations that establish an
 independent review and appeal by an  outside  agent  or  entity  of  the
 board's  choosing  of  any  administrative  law judge's determination to
 discontinue or suspend medical services before a final determination  of
 the board].
   §  15.  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
 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

 A. 4825                            18
 
 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 average weekly wage for the year in which
 it is reported. Compensation for permanent or temporary partial disabil-
 ity, 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 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 May first, two thousand thirteen  shall  not  be
 less  than one hundred fifty dollars per week except that if the employ-
 ee'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.    COMPEN-
 SATION  FOR  PERMANENT OR TEMPORARY PARTIAL DISABILITY, OR FOR PERMANENT
 OR TEMPORARY TOTAL DISABILITY DUE TO AN ACCIDENT OR DISABLEMENT  RESULT-
 ING  FROM  AN OCCUPATIONAL DISEASE THAT OCCURS ON OR AFTER THE EFFECTIVE
 DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SEVENTEEN  THAT  AMENDED
 THIS  PARAGRAPH SHALL NOT BE LESS THAN ONE SEVENTH OF THE NEW YORK STATE
 AVERAGE WEEKLY WAGE EXCEPT THAT  IF  THE  EMPLOYEE'S  WEEKLY  WAGE,  THE
 EMPLOYEE  SHALL RECEIVE HIS OR HER FULL WAGES. In no event shall compen-
 sation 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  disa-
 blement  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 condi-
 tion 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 earnings or  earning  capacity  exceed  the
 amount  of  wages  the employee was receiving on September eleventh, two
 thousand one.
   § 16. Section 15 of the workers' compensation law is amended by adding
 a new subdivision 10 to read as follows:
   10. COST-OF-LIVING ADJUSTMENTS OF DISABILITY  BENEFITS.  (A)  NOTWITH-
 STANDING  ANY  OTHER  PROVISION  OF LAW, IN ADDITION TO ANY OTHER AMOUNT
 RECEIVED PURSUANT TO THIS ARTICLE AS DISABILITY  BENEFITS,  AN  EMPLOYEE
 WITH A DISABILITY OR THE BENEFICIARY DEPENDENT OF SUCH EMPLOYEE SHALL BE
 ENTITLED  TO  AN  ADDITIONAL  ALLOWANCE, TO BE KNOWN AS A COST-OF-LIVING
 ADJUSTMENT ALLOWANCE, PAYABLE ANNUALLY.
   (B) THE COST-OF-LIVING  ADJUSTMENT  ALLOWANCE  SHALL  BE  COMPUTED  BY
 APPLYING  AN  ADJUSTMENT FOR REGIONAL COSTS OF LIVING AND SHALL BE BASED
 ON TWO-THIRDS OF THE ANNUAL INCREASE IN THE CONSUMER PRICE INDEX FOR ALL
 URBAN CONSUMERS (CPI-U) AS PROMULGATED BY THE UNITED  STATES  DEPARTMENT
 OF LABOR.

 A. 4825                            19
 
   (C)  THIS SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH THE
 RIGHT OF ANY EMPLOYEE OR  BENEFICIARY  TO  ANY  BENEFIT  TO  WHICH  SUCH
 EMPLOYEE OR BENEFICIARY WOULD OTHERWISE BE ENTITLED PURSUANT TO LAW.
   §  17.  Subdivisions 1, 1-b, 1-c, 1-d, 2, 2-a and 2-b of section 16 of
 the workers' compensation law, subdivision 1 as amended by  chapter  245
 of  the  laws of 2005, subdivisions 1-b, 1-c and 2 as amended by chapter
 168 of the laws of 1979, subdivisions 1-d and 2-b as  added  by  chapter
 689  of  the  laws of 2007, subdivision 2-a as amended by chapter 174 of
 the laws of 1981, are amended to read as follows:
   1. Funeral expenses. The chair shall prepare and establish a  schedule
 for  the  state  or  schedules  limited to defined localities of maximum
 charges and fees for such funeral expenses, to be determined in  accord-
 ance with, and to be subject to change pursuant to, rules promulgated by
 the  chair.    THE  MAXIMUM CHARGES AND FEES FOR FUNERAL EXPENSES ESTAB-
 LISHED IN A SCHEDULE OR SCHEDULES SHALL NOT BE LESS THAN TWELVE THOUSAND
 DOLLARS. Before preparing such schedule for the state or  schedules  for
 limited  localities,  the  chair  shall request the president of the New
 York state funeral directors' association  to  submit  to  the  chair  a
 report  on  the  amount of remuneration deemed by such association to be
 fair and adequate for the types of funeral services rendered under  this
 chapter,  but  consideration  shall  also be given to the views of other
 interested parties.  The  amounts  payable  by  the  employer  for  such
 services  shall  be the actual fees and charges up to the maximum estab-
 lished by such schedule. Provided, however, no such schedule of  charges
 and  fees shall apply where a firefighter dies from injuries received in
 the line of duty as a direct result of firefighting or  where  a  police
 officer  dies  from  injuries  received  in the line of duty as a direct
 result of law enforcement activities, where such  funeral  expenses  are
 reasonable.  If such funeral expenses shall have been paid by the claim-
 ants entitled to compensation under  this  section  or  by  others,  the
 funeral  expenses  awarded  shall  be  made payable to such claimants or
 others, otherwise they shall be made payable to the undertaker who shall
 have provided burial. Funeral expenses shall be awarded in case  of  all
 injuries  causing  death  including  cases in which there are no persons
 entitled to other compensation under this chapter.
   1-b. If there be a surviving spouse and no child of the deceased under
 the age of eighteen years and no child of any  age  dependent  blind  or
 physically  disabled, and the death occurs on or after July first, nine-
 teen hundred forty-eight, and prior to January first,  nineteen  hundred
 seventy-eight,  to  such spouse forty per centum of the average wages of
 the deceased [during widowhood or widowerhood with  two  years'  compen-
 sation  in one sum, upon remarriage]; and where the death occurred prior
 to July first, nineteen hundred forty-eight, to such wife (or  dependent
 husband) thirty per centum of such wages [during widowhood (or dependent
 widowerhood) with two years' compensation in one sum, upon remarriage].
   1-c. If there be a surviving spouse and no child of the deceased under
 the  age  of  eighteen  years  or under the age of twenty-three years if
 enrolled and attending as a full time student in  an  accredited  educa-
 tional  institution  and  such  enrollment  and  full time attendance is
 certified by such institution and no child of any age dependent blind or
 physically disabled, and the death occurs on  or  after  January  first,
 nineteen  hundred seventy-eight, to such spouse sixty-six and two-thirds
 per centum of the average wages of the  deceased  [during  widowhood  or
 widowerhood  with two years' compensation, in one sum, upon remarriage].
 Where the death occurs on  or  after  January  first,  nineteen  hundred
 seventy-eight, and the spouse is receiving the survivors insurance bene-

 A. 4825                            20
 
 fits under the social security act, the death benefit payable under this
 section  shall be reduced in accordance with the provisions of table No.
 1 below by five per centum of  the  spouse's  share  of  the  survivor's
 insurance benefits under the social security act for each ten dollars of
 deceased's average weekly wage in excess of one hundred dollars provided
 that  in  no  case  shall such reduction exceed fifty per centum of said
 spouse's share of the survivors  insurance  benefits  under  the  social
 security act.
                                TABLE No. I
 
              Offset provisions applicable in death benefits
                  where there is a sole surviving spouse
 
 AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                       SHARE OF SURVIVORS
                                                       INSURANCE BENEFITS
 
 over $100 up to and including $110 ................................... 5
 over $110 up to and including $120 .................................. 10
 over $120 up to and including $130 .................................. 15
 over $130 up to and including $140 .................................. 20
 over $140 up to and including $150 .................................. 25
 over $150 up to and including $160 .................................. 30
 over $160 up to and including $170 .................................. 35
 over $170 up to and including $180 .................................. 40
 over $180 up to and including $190 .................................. 45
 over $190 up to and including $200 .................................. 50
 over $200 ........................................................... 50
   1-d. If there be a surviving spouse of an employee of a private volun-
 tary  hospital killed in a World Trade Center rescue, who passed a phys-
 ical examination upon employment as  a  rescue  worker  that  failed  to
 reveal  evidence  of  a condition that was the proximate cause of death,
 and no child of the deceased under the age of eighteen years,  or  under
 the  age  of twenty-three years if enrolled and attending as a full-time
 student in an accredited educational institution and such enrollment and
 full-time attendance is certified by such institution, and no  child  of
 any  age dependent blind or physically disabled, to such spouse seventy-
 five per centum of the average wages of the deceased  [during  widowhood
 or  widowerhood,  with  two years' compensation, in one sum, upon remar-
 riage]. Where such death occurs, and the spouse is receiving the  survi-
 vors insurance benefits under the social security act, the death benefit
 payable  under  this  section  shall  be  reduced in accordance with the
 provisions of table No. I in subdivision one-c of this section  by  five
 per  centum  of  the spouse's share of the survivor's insurance benefits
 under the social security act for each ten dollars of deceased's average
 weekly wage in excess of one hundred dollars; provided that in  no  case
 shall  such  reduction exceed fifty per centum of such spouse's share of
 the survivors insurance benefits under the social security act.
   2. If there be a surviving spouse and a surviving child or children of
 the deceased under the age of eighteen years or  a  surviving  child  or
 children  of  any  age  dependent  blind or physically disabled, and the
 death occurs on or after July first, nineteen hundred  forty-eight,  and
 prior  to  January first, nineteen hundred seventy-eight, to such spouse
 thirty per centum of the average wages of the deceased [during widowhood
 or widowerhood with two years' compensation  in  one  sum,  upon  remar-
 riage]; and the additional amount of twenty per centum of such wages for

 A. 4825                            21
 
 each  such child until the age of eighteen years or until the removal of
 the dependency of the blind or physically disabled child or children; in
 case of the subsequent death [or remarriage] of  such  surviving  spouse
 any surviving child of the deceased employee, at the time under eighteen
 years  of  age  or dependent through mental or physical infirmity, shall
 have his OR HER compensation increased to  thirty  per  centum  of  such
 wages,  and  the  same  shall be payable until he shall reach the age of
 eighteen years or until such  dependent  blind  or  physically  disabled
 condition  shall have been removed; provided that the total amount paya-
 ble shall in no case exceed sixty-six and two-thirds per centum of  such
 wages.  Upon  statutory termination of compensation payments to all such
 children, the compensation of the surviving spouse shall be increased to
 forty per centum of such wages [with two years'  compensation,  at  such
 rate, in one sum, upon remarriage].
   If  there  be  a  surviving wife (or dependent husband) and any of the
 aforementioned surviving children, and the death occurred prior to  July
 first, nineteen hundred forty-eight, to such wife (or dependent husband)
 thirty per centum of the average wages of the deceased [during widowhood
 (or dependent widowerhood) with two years' compensation in one sum, upon
 remarriage];  and  the additional amount of ten per centum of such wages
 for each such child until eighteen years of age or until the removal  of
 the dependency of the blind or physically disabled child or children; in
 case  of the subsequent death [or remarriage] of such surviving wife (or
 dependent husband) any surviving child of the deceased shall have his OR
 HER compensation increased to fifteen per centum of such wages until  he
 shall  reach  the age of eighteen years or until such dependent blind or
 physically disabled condition shall have been removed; provided that the
 total amount payable shall in no case exceed  sixty-six  and  two-thirds
 per centum of such wages.
   The  board may in its discretion require the appointment of a guardian
 for the purpose of receiving the compensation of  a  minor  child  or  a
 dependent  blind  or physically disabled child. In the absence of such a
 requirement by the board the appointment of a guardian for such purposes
 shall not be necessary.
   2-a. If there be a surviving spouse and a surviving  child  under  the
 age of eighteen years or under the age of twenty-three years if enrolled
 and attending as a full time student in an accredited educational insti-
 tution and such enrollment and full time attendance is certified by such
 institution  or  a  surviving  child of any age dependent blind or phys-
 ically disabled and the death occurs on or after January first, nineteen
 hundred seventy-eight, to such  spouse  thirty-six  and  two-thirds  per
 centum  of the average wages of the deceased [during widowhood or widow-
 erhood with two years' compensation in one sum,  upon  remarriage];  and
 thirty  per centum of such wages to such child under the age of eighteen
 years or under the age of twenty-three years if enrolled  and  attending
 as a full time student in an accredited educational institution and such
 enrollment  and full time attendance is certified by such institution or
 a surviving child of any age dependent blind or physically disabled;  in
 the  case of the subsequent death of such surviving spouse the surviving
 child shall have his OR HER  compensation  increased  to  sixty-six  and
 two-thirds  per  centum  of  such wages and the same shall be payable so
 long as he OR SHE is under the age of eighteen years or under the age of
 twenty-three years if enrolled and attending as a full time  student  in
 an  accredited educational institution and such enrollment and full time
 attendance is certified by such institution or a surviving child of  any
 age  dependent  blind or physically disabled; upon statutory termination

 A. 4825                            22
 
 of compensation payable to such child, the compensation of the surviving
 spouse shall be increased to sixty-six and two-thirds per centum of such
 wages [with two years' compensation, at such  rate,  in  one  sum,  upon
 remarriage.  Upon  remarriage  of  such  surviving spouse, the surviving
 child shall continue to receive thirty per centum of such wages].  Where
 the  death  occurs  on or after January first, nineteen hundred seventy-
 eight and the spouse is receiving survivors insurance benefits under the
 social security act, the death benefit payable under this section  shall
 be  reduced  by  five  per centum of the spouse's share of the survivors
 insurance benefits under the social security act for each ten dollars of
 deceased's average weekly wage in excess of one hundred dollars provided
 that in no case shall such reduction exceed fifty  per  centum  of  said
 spouse's  share  of  the  survivors  insurance benefits under the social
 security act as set forth in table No. I below.
 
                                TABLE No. I
 
              Offset provisions applicable in death benefits
              where there is a surviving spouse and one child
 
 AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                       SHARE OF SURVIVORS
                                                       INSURANCE BENEFITS
 over $100 up to and including $110 ................................... 5
 over $110 up to and including $120 .................................. 10
 over $120 up to and including $130 .................................. 15
 over $130 up to and including $140 .................................. 20
 over $140 up to and including $150 .................................. 25
 over $150 up to and including $160 .................................. 30
 over $160 up to and including $170 .................................. 35
 over $170 up to and including $180 .................................. 40
 over $180 up to and including $190 .................................. 45
 over $190 up to and including $200 .................................. 50
 over $200 ........................................................... 50
   If there be a surviving spouse and  two  or  more  surviving  children
 under  the  age of eighteen years or under the age of twenty-three years
 if enrolled and attending as a full time student in an accredited educa-
 tional institution and such  enrollment  and  full  time  attendance  is
 certified  by  such  institution or a surviving child or children of any
 age dependent blind or physically disabled and  a  death  occurs  on  or
 after  January  first,  nineteen  hundred  seventy-eight, to such spouse
 thirty-six and two-thirds per centum of the average wage of the deceased
 [during widowhood or widowerhood with two years' compensation in one sum
 upon remarriage]; and thirty per centum of such wages to  such  children
 under  the  age of eighteen years or under the age of twenty-three years
 if enrolled and attending as a full time student in an accredited educa-
 tional institution and such  enrollment  and  full  time  attendance  is
 certified  by  such  institution or a surviving child or children of any
 age dependent blind or physically disabled, share and  share  alike;  in
 case  of  the  subsequent  death  of such surviving spouse the surviving
 children shall have their compensation increased to sixty-six  and  two-
 thirds  per centum of such wages and the aggregate sum shall be payable,
 share and share alike, so long as they are under  the  age  of  eighteen
 years  or  under the age of twenty-three years if enrolled and attending
 as a full time student in an accredited educational institution and such
 enrollment and full time attendance is certified by such institution  or

 A. 4825                            23
 
 a  surviving  child or children of any age dependent blind or physically
 disabled. [Upon remarriage of such surviving spouse,  if  there  be  two
 surviving  children  each  shall  receive twenty-five per centum of such
 wages,  and  if there are surviving more than two children under the age
 of eighteen years or under the  age  of  twenty-three  if  enrolled  and
 attending  as  a full time student in an accredited educational institu-
 tion and such enrollment and full time attendance is certified  by  such
 institution  or a surviving child or children of any age dependent blind
 or physically disabled sixty-six and two-thirds per centum of such wages
 share and share alike.] Upon statutory termination of compensation paya-
 ble to such children, the compensation of the surviving spouse shall  be
 increased to sixty-six and two-thirds per centum of such wages [with two
 years'  compensation,  at such rate, in one sum, upon remarriage]. Where
 the death occurs on or after January first,  nineteen  hundred  seventy-
 eight,  and  the  spouse is receiving survivors insurance benefits under
 the social security act, the death benefits payable under  this  section
 shall  be reduced by five per centum of the spouse's share of the survi-
 vors insurance benefits under the  social  security  act  for  each  ten
 dollars of deceased's average weekly wage in excess of one hundred fifty
 dollars  provided  that in no case shall such reduction exceed fifty per
 centum of said spouse's share of the survivors insurance benefits  under
 the social security act as set forth in table No. II below.
 
                               TABLE No. II
 
              Offset provisions applicable in death benefits
        where there is a surviving spouse and two or more children
 
 AVERAGE WEEKLY WAGE                               PERCENTAGE OF SPOUSE'S
                                                       SHARE OF SURVIVORS
                                                       INSURANCE BENEFITS
 over $150 up to and including $160 ................................... 5
 over $160 up to and including $170 .................................. 10
 over $170 up to and including $180 .................................. 15
 over $180 up to and including $190 .................................. 20
 over $190 up to and including $200 .................................. 25
 over $200 up to and including $210 .................................. 30
 over $210 up to and including $220 .................................. 35
 over $220 up to and including $230 .................................. 40
 over $230 up to and including $240 .................................. 45
 over $240 up to and including $250 .................................. 50
 over $250 ........................................................... 50
   2-b. If there be a surviving spouse of an employee of a private volun-
 tary  hospital killed in a World Trade Center rescue, who passed a phys-
 ical examination upon employment as  a  rescue  worker  that  failed  to
 reveal  evidence  of  a condition that was the proximate cause of death,
 and a surviving child under the age of eighteen years, or under the  age
 of  twenty-three  years if enrolled and attending as a full-time student
 in an accredited educational institution and such enrollment  and  full-
 time  attendance  is certified by such institution, or a surviving child
 of any age dependent blind or physically disabled, to such spouse  forty
 per  centum  of  the  average wages of the deceased [during widowhood or
 widowerhood, with two years' compensation in one sum, upon  remarriage];
 and  thirty-five per centum of such wages to such child under the age of
 eighteen years, or under the age of twenty-three years if  enrolled  and
 attending  as  a full-time student in an accredited educational institu-

 A. 4825                            24
 
 tion and such enrollment and full-time attendance is certified  by  such
 institution,  or  a  surviving child of any age dependent blind or phys-
 ically disabled; in the case of the subsequent death of  such  surviving
 spouse  the surviving child shall have his or her compensation increased
 to seventy-five per centum of such wages and the same shall  be  payable
 so  long  as  he or she is under the age of eighteen years, or under the
 age of twenty-three years if  enrolled  and  attending  as  a  full-time
 student in an accredited educational institution and such enrollment and
 full-time  attendance  is  certified by such institution, or a surviving
 child of any age dependent blind or physically disabled; upon  statutory
 termination  of  compensation payable to such child, the compensation of
 the surviving spouse shall be increased to seventy-five  per  centum  of
 such wages [with two years' compensation, at such rate, in one sum, upon
 remarriage.  Upon  remarriage  of  such  surviving spouse, the surviving
 child shall continue to receive thirty-five per centum of  such  wages].
 Where such death occurs, and the spouse is receiving survivors insurance
 benefits  under the social security act, the death benefit payable under
 this section shall be reduced by five per centum of the  spouse's  share
 of  the  survivors  insurance benefits under the social security act for
 each ten dollars of deceased's average weekly  wage  in  excess  of  one
 hundred  dollars;  provided  that in no case shall such reduction exceed
 fifty per centum of such spouse's share of the survivors insurance bene-
 fits under the social security act as set forth in table No. I in subdi-
 vision one-c of this section. If there  be  a  surviving  spouse  of  an
 employee  of a private voluntary hospital killed in a World Trade Center
 rescue, who passed a physical examination upon employment  as  a  rescue
 worker that failed to reveal evidence of a condition that was the proxi-
 mate cause of death, and two or more surviving children under the age of
 eighteen  years,  or under the age of twenty-three years if enrolled and
 attending as a full-time student in an accredited  educational  institu-
 tion  and  such enrollment and full-time attendance is certified by such
 institution, or a surviving child or children of any age dependent blind
 or physically disabled and a death occurs on or  after  September  elev-
 enth,  two  thousand one, to such spouse forty per centum of the average
 wage of the deceased [during widowhood or widowerhood  with  two  years'
 compensation  in one sum upon remarriage]; and thirty-five per centum of
 such wages to such children under the age of eighteen  years,  or  under
 the  age  of twenty-three years if enrolled and attending as a full-time
 student in an accredited educational institution and such enrollment and
 full-time attendance is certified by such institution,  or  a  surviving
 child  or  children  of  any age dependent blind or physically disabled,
 share and share alike; in case of the subsequent death of such surviving
 spouse the surviving children shall have their compensation increased to
 seventy-five per centum of such wages and the  aggregate  sum  shall  be
 payable,  share  and  share  alike, so long as they are under the age of
 eighteen years, or under the age of twenty-three years if  enrolled  and
 attending  as  a full-time student in an accredited educational institu-
 tion and such enrollment and full-time attendance is certified  by  such
 institution, or a surviving child or children of any age dependent blind
 or  physically  disabled.  [Upon remarriage of such surviving spouse, if
 there be two surviving children  each  shall  receive  thirty-seven  and
 one-half  per centum of such wages, and if there are surviving more than
 two children under the age of eighteen years, or under the age of  twen-
 ty-three  if enrolled and attending as a full-time student in an accred-
 ited educational institution and such enrollment and  full-time  attend-
 ance  is certified by such institution, or a surviving child or children

 A. 4825                            25

 of any age dependant blind  or  physically  disabled,  seventy-five  per
 centum  of such wages share and share alike.] Upon statutory termination
 of compensation payable  to  such  children,  the  compensation  of  the
 surviving  spouse  shall be increased to seventy-five per centum of such
 wages [with two years' compensation, at such  rate,  in  one  sum,  upon
 remarriage].  Where the death occurs on or after September eleventh, two
 thousand one, and the spouse is receiving survivors  insurance  benefits
 under  the  social  security  act, the death benefits payable under this
 section shall be reduced by five per centum of the spouse's share of the
 survivors insurance benefits under the social security act for each  ten
 dollars of deceased's average weekly wage in excess of one hundred fifty
 dollars;  provided that in no case shall such reduction exceed fifty per
 centum of said spouse's share of the survivors insurance benefits  under
 the  social  security  act  as  set forth in table No. II in subdivision
 two-a of this section.
   § 18. Section 16 of the workers' compensation law is amended by adding
 a new subdivision 8  to read as follows:
   8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ADDITION TO  ANY
 OTHER  AMOUNT  RECEIVED  PURSUANT  TO  THIS ARTICLE AS DEATH BENEFITS, A
 DEPENDENT OF A DECEASED EMPLOYEE SHALL  BE  ENTITLED  TO  AN  ADDITIONAL
 ALLOWANCE, TO BE KNOWN AS A COST-OF-LIVING ADJUSTMENT ALLOWANCE, PAYABLE
 ANNUALLY.
   (B)  THE  COST-OF-LIVING  ADJUSTMENT  ALLOWANCE SHALL   BE COMPUTED BY
 APPLYING AN ADJUSTMENT FOR REGIONAL COSTS OF LIVING IN THE REGION  WHERE
 THE  DECEASED EMPLOYEE LIVED AT THE TIME OF DEATH OR INITIAL DISABILITY,
 WHICHEVER WAS EARLIER, AND SHALL BE BASED ON TWO-THIRDS  OF  THE  ANNUAL
 INCREASE  IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U) AS
 PROMULGATED BY THE UNITED STATES DEPARTMENT OF LABOR.
   (C) THIS SUBDIVISION SHALL NOT BE DEEMED OR CONSTRUED TO DIMINISH  THE
 RIGHT OF ANY BENEFICIARY TO ANY BENEFITS TO WHICH SUCH BENEFICIARY WOULD
 OTHERWISE BE ENTITLED PURSUANT TO LAW.
   § 19. Section 17 of the workers' compensation law, as amended by chap-
 ter 538 of the laws of 1985, is amended to read as follows:
   §  17. Aliens. Compensation under this chapter to aliens not residents
 or about to become nonresidents of the United States or Canada AND THEIR
 SURVIVING DEPENDENTS, shall be the same in amount as provided for  resi-
 dents[,  except  that dependents in any foreign country shall be limited
 to surviving spouse and child or children, or, if there is no  surviving
 spouse  or  child  or  children,  to surviving father or mother whom the
 employee has supported, either wholly or in part, for the period of  one
 year prior to the date of the accident].
   §  20.  Section  21 of the workers' compensation law, subdivision 5 as
 amended by chapter 268 of the laws  of  1946,  is  amended  to  read  as
 follows:
   §  21.  Presumptions. In any proceeding for the enforcement of a claim
 for compensation under this chapter, it shall be presumed in the absence
 of substantial evidence to the contrary:
   1. That the claim comes within the provision of this chapter[;].
   2. That sufficient notice thereof was given[;].
   3. That the injury was not occasioned by the willful intention of  the
 injured  employee  to  bring  about the injury or death of himself or of
 another[;].
   4. That the injury did not result solely from the intoxication of  the
 injured employee while on duty.

 A. 4825                            26

   5.  That  the  contents  of medical and surgical reports introduced in
 evidence by claimants for  compensation  shall  constitute  prima  facie
 evidence of fact as to the matter contained therein.
   6.  THAT  AN  INJURED WORKER WHOSE EMPLOYER HAS NOT OFFERED HER OR HIM
 REEMPLOYMENT HAS NOT VOLUNTARILY WITHDRAWN FROM THE LABOR MARKET.
   § 21. Section 23 of the  workers'  compensation  law,  as  amended  by
 section  10  of part GG of chapter 57 of the laws of 2013, is amended to
 read as follows:
   § 23. Appeals. An award or decision of the board shall  be  final  and
 conclusive  upon  all  questions within its jurisdiction, as against the
 state fund or between the parties, unless reversed or modified on appeal
 therefrom as hereinafter provided. Any  party  may  within  thirty  days
 after  notice  of  the filing of an award or decision of a referee, file
 with the board an application in writing for a modification  or  rescis-
 sion  or  review of such award or decision, as provided in this chapter.
 The board shall render its decision upon such application in writing and
 shall include in such decision a statement of the facts which formed the
 basis of its action on the issues raised before it on such  application.
 Within  thirty  days after notice of the decision of the board upon such
 application has been served upon the  parties,  or  within  thirty  days
 after notice of an administrative redetermination review decision by the
 chair  pursuant  to  subdivision  five of section fifty-two, section one
 hundred thirty-one or section one hundred forty-one-a  of  this  chapter
 has been served upon any party in interest, an appeal may be taken ther-
 efrom  to the appellate division of the supreme court, third department,
 by any party in interest, including an employer  insured  in  the  state
 fund;  provided,  however,  that any party in interest may within thirty
 days after notice of the filing of the board panel's decision  with  the
 secretary  of  the board, make application in writing for review thereof
 by the full board. If the decision or determination was that of a  panel
 of the board and there was a dissent from such decision or determination
 other  than a dissent the sole basis of which is to refer the case to an
 impartial specialist, the full board shall review and affirm, modify  or
 rescind  such  decision  or  determination  in the same manner as herein
 above provided for an award or decision of a referee.   If the  decision
 or  determination  was  that of a unanimous panel of the board, or there
 was a dissent from such decision or  determination  the  sole  basis  of
 which  is to refer the case to an impartial specialist, the board may in
 its sole discretion review and affirm, modify or rescind  such  decision
 or  determination  in  the  same  manner as herein above provided for an
 award or decision of a referee. Failure to apply for review by the  full
 board shall not bar any party in interest from taking an appeal directly
 to  the  court  as above provided. The board may also, in its discretion
 certify to such appellate division of the supreme  court,  questions  of
 law involved in its decision. Such appeals and the question so certified
 shall  be  heard  in a summary manner and shall have precedence over all
 other civil cases in such court. The board shall be deemed  a  party  to
 every such appeal from its decision upon such application, and the chair
 shall  be  deemed  a  party  to every such appeal from an administrative
 redetermination review decision pursuant to subdivision five of  section
 fifty-two  of  this  chapter.  The  attorney general shall represent the
 board and the chair thereon. An appeal may also be taken to the court of
 appeals in the same manner and  subject  to  the  same  limitations  not
 inconsistent  herewith  as is now provided in the civil practice law and
 rules. It shall not be necessary to file exceptions to  the  rulings  of
 the  board.  An  appeal  to the appellate division of the supreme court,

 A. 4825                            27
 
 third department, or to the court of appeals, shall  not  operate  as  a
 stay  of  the payment of compensation required by the terms of the award
 or of the payment of the cost of such medical, dental, surgical, optome-
 tric  or other attendance, treatment, devices, apparatus or other neces-
 sary items the employer is required to provide pursuant to section thir-
 teen of this article which are found to be fair  and  reasonable.  Where
 such  award is modified or rescinded upon appeal, the appellant shall be
 entitled to reimbursement in a sum equal to the compensation in  dispute
 paid  to  the  respondent in addition to a sum equal to the cost of such
 medical, dental, surgical, optometric or  other  attendance,  treatment,
 devices,  apparatus or other necessary items the employer is required to
 provide pursuant to section thirteen of this article paid by the  appel-
 lant  pending  adjudication  of  the appeal. Such reimbursement shall be
 paid from administration expenses as provided  in  section  one  hundred
 fifty-one of this chapter upon audit and warrant of the comptroller upon
 vouchers  approved  by  the  chair.  Where  such award is subject to the
 provisions of section twenty-seven of this article, the appellant  shall
 pay  directly  to the claimant all compensation as it becomes due during
 the pendency of the appeal, and upon affirmance  shall  be  entitled  to
 credit  for such payments. Neither the chair, the board, the commission-
 ers of the state insurance fund nor the claimant shall  be  required  to
 file  a bond upon an appeal to the court of appeals. Upon final determi-
 nation of such an appeal, the board or chair, as the case may be,  shall
 enter  an  order in accordance therewith. Whenever a notice of appeal is
 served or an application made to the board by the employer or  insurance
 carrier  for a modification or rescission or review of an award or deci-
 sion, and the board shall find that such notice of appeal was served  or
 such  application  was  made  for the purpose of delay or upon frivolous
 grounds, the board shall impose a penalty in the amount of five  hundred
 dollars  upon  the employer or insurance carrier, which penalty shall be
 added to the compensation  and  paid  to  the  claimant.  The  penalties
 provided  herein  shall  be  collected in like manner as compensation. A
 party against whom an award of compensation shall  be  made  may  appeal
 from  a  part  of such award. In such a case the payment of such part of
 the award as is not appealed from shall not prejudice any rights of such
 party on appeal, nor be taken as an admission against  such  party.  Any
 appeal  by  an  employer  from  an administrative redetermination review
 decision pursuant to subdivision five of section fifty-two of this chap-
 ter shall in no way serve to relieve the employer from the obligation to
 timely pay compensation and benefits  otherwise  payable  in  accordance
 with the provisions of this chapter.
   APPLICATIONS  OR  PETITIONS  TO  THE  BOARD  FOR REVIEW, MODIFICATION,
 RESCISSION, REHEARING OR REVIEW BY THE FULL BOARD MUST BE DECIDED WITHIN
 THIRTY DAYS OF THE PETITION OR APPLICATION  OR  WITHIN  THIRTY  DAYS  OF
 COMPLETION  OF MOTION PRACTICE ON THE PETITION OR APPLICATION, WHICHEVER
 IS LATER.
   Nothing contained in this section shall be construed  to  inhibit  the
 continuing  jurisdiction of the board as provided in section one hundred
 twenty-three of this chapter.
   § 22. Section 77 of the workers' compensation law, as amended by chap-
 ter 6 of the laws of 2007, is amended to read as follows:
   § 77. Administration. The state insurance fund shall  be  administered
 by the commissioners of the state insurance fund, of whom there shall be
 [ten]  EIGHT. The commissioner of labor AND THE CHIEF EXECUTIVE OFFICERS
 OF THE NEW YORK STATE AMERICAN FEDERATION OF  LABOR-CONGRESS  OF  INDUS-
 TRIAL  ORGANIZATIONS  AND  THE BUSINESS COUNCIL OF THE STATE OF NEW YORK

 A. 4825                            28
 
 shall, in addition, be [a commissioner] COMMISSIONERS of  such  fund  by
 virtue  of  [his  or  her office] THEIR OFFICES. The commissioners shall
 elect annually from the appointive members a chair and a vice-chair  who
 shall  act  as  chair  in  the absence of the chair. The commissioner of
 labor may designate a deputy commissioner AND THE CHIEF EXECUTIVE  OFFI-
 CERS  OF  THE  NEW  YORK  STATE AMERICAN FEDERATION OF LABOR-CONGRESS OF
 INDUSTRIAL ORGANIZATIONS AND THE BUSINESS COUNCIL OF THE  STATE  OF  NEW
 YORK  MAY EACH DESIGNATE A REPRESENTATIVE to [act in his or her] EXECUTE
 THEIR DUTIES AS COMMISSIONERS OF SUCH FUND IN THEIR place and stead  [as
 a  commissioner  of  such  fund].  The  REMAINING commissioners shall be
 appointed by the governor, by and with the advice  and  consent  of  the
 senate. [One commissioner shall be appointed by the governor upon recom-
 mendation by the New York State American Federation of Labor-Congress of
 Industrial Organizations, and one commissioner shall be appointed by the
 governor upon recommendation of the Business Council of the State of New
 York.]  They shall be policyholders insured in the state insurance fund.
 The commissioners shall be appointed for terms of three years each. They
 shall serve until their successors are  appointed  and  have  qualified.
 Vacancies  shall  be  filled  for the unexpired terms. Each commissioner
 shall before entering upon his or her duties,  take  and  subscribe  the
 constitutional  oath of office which shall be filed in the office of the
 secretary of state.
   § 23. Section 114 of the workers' compensation law, as added by  chap-
 ter  635 of the laws of 1996, subdivision 4 as amended and subdivision 5
 as added by chapter 6 of the  laws  of  2007,  is  amended  to  read  as
 follows:
   § 114. Penalties for fraudulent practices. 1. Any person who, knowing-
 ly  and  with  intent  to  defraud  presents, causes to be presented, or
 prepares with knowledge or belief that it will be presented to or by  an
 insurer  or  purported insurer, or any agent thereof, any written state-
 ment as part of, or in support of, an application for the issuance of or
 the rating of an insurance policy  for  compensation  insurance[,  or  a
 claim  for  payment  or other benefit pursuant to a compensation policy]
 which he or she knows to: (i) contain a  false  statement  or  represen-
 tation  concerning  any  fact  material  thereto; or (ii) omits any fact
 material thereto, shall be guilty of a class E felony. Upon  conviction,
 the  court  in  addition  to  any  other  authorized sentence, may order
 forfeiture of [all rights to compensation or payments  of  any  benefit]
 ANY  PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND APPURTENANCES THAT
 CONSTITUTE THE INSTRUMENTALITY OF THE ENTITY ON WHOSE BEHALF THE  APPLI-
 CATION WAS MADE, and may also require restitution of any amount received
 as a result of a violation of this subdivision.
   1-A.  ANY  PERSON  WHO, KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS,
 CAUSES TO BE PRESENTED, OR PREPARES WITH KNOWLEDGE  OR  BELIEF  THAT  IT
 WILL BE PRESENTED TO OR BY AN INSURER OR PURPORTED INSURER, OR ANY AGENT
 THEREOF, ANY WRITTEN STATEMENT AS PART OF, OR IN SUPPORT OF, A CLAIM FOR
 PAYMENT  OR  OTHER BENEFIT PURSUANT TO A COMPENSATION POLICY WHICH HE OR
 SHE KNOWS TO: (I) CONTAIN A FALSE STATEMENT OR REPRESENTATION CONCERNING
 ANY FACT MATERIAL THERETO; OR (II)  OMITS  ANY  FACT  MATERIAL  THERETO,
 SHALL BE GUILTY OF A CLASS E FELONY. UPON CONVICTION, THE COURT IN ADDI-
 TION  TO  ANY  OTHER  AUTHORIZED  SENTENCE,  MAY ORDER FORFEITURE OF ALL
 RIGHTS TO COMPENSATION OR PAYMENTS OF ANY BENEFIT, AND MAY ALSO  REQUIRE
 RESTITUTION  OF  ANY  AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF THIS
 SUBDIVISION.
   2. An employer or carrier, or any employee, agent, or person acting on
 behalf of an employer or carrier, who knowingly makes a false  statement

 A. 4825                            29
 
 or  representation  as  to  a  material fact in the course of reporting,
 investigation of, or adjusting a claim for any benefit or payment  under
 this  chapter  for  the purpose of avoiding provision of such payment or
 benefit  shall be guilty of a class E felony. UPON CONVICTION, THE COURT
 IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE, MAY  ORDER  FORFEITURE  OF
 ANY  PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND APPURTENANCES THAT
 CONSTITUTE THE INSTRUMENTALITY OF THE EMPLOYER OR CARRIER AND  MAY  ALSO
 REQUIRE RESTITUTION OF ANY AMOUNT RECEIVED AS A RESULT OF A VIOLATION OF
 THIS SUBDIVISION.
   3. A person who knowingly makes a false statement or representation as
 to a material fact for the purpose of obtaining, maintaining or renewing
 insurance  under this chapter, whether for himself or herself or for any
 other person or entity or for the purpose of evading the requirements of
 section fifty of this chapter shall be guilty of a class E felony.  UPON
 CONVICTION, THE COURT IN ADDITION TO ANY OTHER AUTHORIZED SENTENCE,  MAY
 ORDER FORFEITURE OF ANY PROPERTY, INCLUDING REAL PROPERTY, BUILDINGS AND
 APPURTENANCES THAT CONSTITUTE THE INSTRUMENTALITY OF THE ENTITY ON WHOSE
 BEHALF  THE  APPLICATION  WAS MADE. In addition to any other remedy, the
 carrier providing insurance shall be  entitled  to  restitution  of  any
 amount  obtained or withheld as a result of a violation of this subdivi-
 sion.
   4. Consistent with the provisions of the criminal  procedure  law,  in
 any prosecution alleging a violation of subdivision one, two or three of
 this  section,  or sections fifty-two and one hundred thirty-one of this
 chapter, in which  the  act  or  acts  alleged  may  also  constitute  a
 violation of the penal or other law, the prosecuting official may charge
 a  person  pursuant  to  the  provisions of this section and in the same
 accusatory instrument with a violation of such other law.
   5. A person (a) who is convicted of a  second  or  subsequent  offense
 under  this section within ten years of the prior conviction, or (b) who
 violates any provision of this section concerning two or more claimants,
 shall be guilty of a class [D] B felony.
   § 24. Section 122 of the workers'  compensation  law,  as  amended  by
 chapter 113 of the laws of 1946, is amended to read as follows:
   § 122. Transcripts. A copy of the testimony, evidence and procedure of
 any  investigation,  or  a  particular  part thereof, RECORDED AND tran-
 scribed by a stenographer in the employ of the board  and  certified  by
 such  stenographer  to  be  true and correct may be received in evidence
 with the same effect as if such stenographer were present and testifying
 to the facts so certified.  A copy of such transcript shall be furnished
 to any party upon payment of the fee for transcripts of similar  minutes
 in the supreme court.
   §  25.  Section  140  of  the workers' compensation law, as amended by
 chapter 57 of the laws of 1951, is amended to read as follows:
   § 140. [Workmen's] WORKERS' compensation board. The [workmen's]  WORK-
 ERS'  compensation board in the department of labor is hereby continued.
 Such board shall consist of thirteen members,  at  least  four  of  whom
 shall  be  attorneys and counsellors-at-law duly admitted to practice in
 this state. The members of the board shall be appointed by the governor,
 by and with the advice and consent of the senate.   THREE MEMBERS  SHALL
 BE  APPOINTED  BY THE GOVERNOR UPON RECOMMENDATION OF THE SPEAKER OF THE
 ASSEMBLY; THREE MEMBERS SHALL BE APPOINTED BY THE GOVERNOR  UPON  RECOM-
 MENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE; TWO MEMBERS SHALL BE
 APPOINTED  BY  THE  GOVERNOR  UPON  RECOMMENDATION OF THE NEW YORK STATE
 AMERICAN FEDERATION OF LABOR-CONGRESS OF INDUSTRIAL  ORGANIZATIONS;  AND
 TWO  MEMBERS  SHALL  BE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF

 A. 4825                            30
 
 THE BUSINESS COUNCIL OF THE STATE OF NEW YORK. The members of the  board
 in  office,  together  with  the  additional  members  and  the  members
 appointed to fill vacancies, if any, at  the  time  this  section  takes
 effect,  shall  continue,  notwithstanding the appointment of any of the
 members for a term expiring on a different  date,  to  hold  office  for
 terms  to be assigned by the governor by and with the advice and consent
 of the senate; two such terms to expire on December thirty-first,  nine-
 teen  hundred  fifty;  two  to expire on December thirty-first, nineteen
 hundred fifty-one; two to  expire  on  December  thirty-first,  nineteen
 hundred  fifty-two;  two  to  expire  on December thirty-first, nineteen
 hundred fifty-three; two to expire on  December  thirty-first,  nineteen
 hundred  fifty-four;  two  to  expire on December thirty-first, nineteen
 hundred fifty-five; and one to expire on December thirty-first, nineteen
 hundred fifty-six. The members next appointed, except to fill a  vacancy
 created  otherwise  than  by  expiration of term, shall be appointed for
 terms of seven years. The governor shall designate one of the members of
 the board as chairman and another as vice-chairman.
   § 26. Subdivision 1 of section 169 of the executive law, as amended by
 section 9 of part A of chapter 60 of the laws of  2012,  is  amended  to
 read as follows:
   1.  Salaries of certain state officers holding the positions indicated
 hereinbelow shall be as set forth in subdivision two of this section:
   (a) commissioner of corrections and community supervision, commission-
 er of education, commissioner of health, commissioner of mental  health,
 commissioner of developmental disabilities, commissioner of children and
 family  services,  commissioner  of temporary and disability assistance,
 chancellor of the state university of New York, commissioner  of  trans-
 portation, commissioner of environmental conservation, superintendent of
 state  police,  commissioner  of  general  services, commissioner of the
 division of homeland security and emergency services [and],  the  execu-
 tive director of the state gaming commission, AND THE CHAIR OF THE WORK-
 ERS' COMPENSATION BOARD;
   (b)  commissioner  of  labor,  chairman  of public service commission,
 commissioner  of  taxation  and  finance,  superintendent  of  financial
 services,  commissioner of criminal justice services, [and] commissioner
 of parks, recreation and historic preservation, AND  THE  VICE-CHAIR  OF
 THE WORKERS' COMPENSATION BOARD;
   (c)  commissioner of agriculture and markets, commissioner of alcohol-
 ism and substance abuse services,  adjutant  general,  commissioner  and
 president  of  state  civil service commission, commissioner of economic
 development, chair of the energy  research  and  development  authority,
 president  of  higher  education  services  corporation, commissioner of
 motor vehicles, member-chair of board of parole, chair of public employ-
 ment relations board, secretary of state, commissioner of alcoholism and
 substance abuse services, executive  director  of  the  housing  finance
 agency,  commissioner of housing and community renewal, executive direc-
 tor of state insurance fund, commissioner-chair of state liquor authori-
 ty, [chair] AND MEMBERS of the workers' compensation board;
   (d) director of office for the aging, commissioner  of  human  rights,
 commissioners  of  the  department  of public service, chairman of state
 commission on quality of care for the  mentally  disabled,  chairman  of
 commission  on  alcoholism and substance abuse prevention and education,
 executive director of the council on the arts and executive director  of
 the board of social welfare;
   (e)  chairman  of state athletic commission, director of the office of
 victim services, chairman of human rights appeal board, chairman of  the

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 industrial  board  of  appeals,  chairman  of  the  state  commission of
 correction, members of the board of parole, member-chairman of unemploy-
 ment insurance appeal board, AND director  of  veterans'  affairs[,  and
 vice-chairman of the workers' compensation board];
   (f)  executive  director  of  adirondack park agency, members of state
 commission of correction, AND members of unemployment  insurance  appeal
 board[, and members of the workers' compensation board].
   §  27.  Paragraph 1 of subsection (t) of section 2313 of the insurance
 law, as amended by chapter 237 of the laws of 2012, is amended  to  read
 as follows:
   (1)  The governing body of a workers' compensation rate service organ-
 ization shall be comprised of nine voting members.  Four  members  shall
 represent  insurers  authorized to write workers' compensation insurance
 in this state, and shall be selected in such manner as is determined  by
 the  members of the rate service organization. One member of the govern-
 ing body shall be a representative of the state insurance fund. Each  of
 the  remaining four members of the governing body shall serve for a term
 of two years and until his or her successor shall  have  been  appointed
 and  approved,  provided that the appointing entity appoints a successor
 member within one hundred twenty days of the expiration of the  term  of
 office, and shall not be employed by, or serve as an officer or director
 of,  an  insurer  authorized to write workers' compensation insurance in
 this state, or any parent, subsidiary, or affiliate thereof, EXCEPT  THE
 STATE  INSURANCE  FUND.   One such member of the governing body shall be
 appointed by the superintendent. The other three such members  shall  be
 appointed  subject  to  the approval of the superintendent by, AND SHALL
 SERVE AS REPRESENTATIVES OF, the following:  (A)  the  workers'  compen-
 sation  board; (B) the Business Council of New York State, Inc.; and (C)
 the American Federation of Labor - Congress of Industrial  Organizations
 of  New York State. Any vacancy on the governing body shall be filled in
 the same manner as the initial appointment.  The  governing  body  shall
 select  a chief executive officer who shall serve at the pleasure of the
 governing body and whose terms and conditions  of  employment  shall  be
 approved  by the governing body. No restriction in this subsection shall
 apply if compliance is  prevented  by  the  failure  of  any  appointing
 authority  to  make  an appointment, or of the superintendent to approve
 such appointment.
   § 28. Section 71 of the civil service law, as amended by  chapter  577
 of the laws of 2003, is amended to read as follows:
   § 71. Reinstatement after separation for disability. Where an employee
 has  been separated from the service by reason of a disability resulting
 from occupational injury or disease as defined in the [workmen's]  WORK-
 ERS' compensation law, he or she shall be entitled to a leave of absence
 for  at least one year, unless his or her disability is of such a nature
 as to permanently incapacitate him or her for  the  performance  of  the
 duties  of  his or her position. Notwithstanding the foregoing, where an
 employee has been separated from the service by reason of  a  disability
 resulting  from an assault sustained in the course of his or her employ-
 ment, he or she shall be entitled to a leave of absence for at least two
 years, unless his or her disability is of such a nature as to permanent-
 ly incapacitate him or her for the performance of the duties of  his  or
 her position. NOTWITHSTANDING THE FOREGOING, WHERE AN EMPLOYEE IS ABSENT
 BY  REASON OF A DISABILITY RESULTING FROM OCCUPATIONAL INJURY OR DISEASE
 AS DEFINED IN THE WORKERS' COMPENSATION LAW AND THAT  EMPLOYEE  HAS  NOT
 YET  RECEIVED  CARE DIRECTED BY HIS OR HER TREATING PROVIDER AS A RESULT
 OF THE EMPLOYER OR CARRIER'S DISPUTE, THAT EMPLOYEE IS  ENTITLED  TO  AN

 A. 4825                            32
 
 INDEFINITE  LEAVE  OF ABSENCE, UNLESS HIS OR HER DISABILITY IS OF SUCH A
 NATURE AS TO PERMANENTLY INCAPACITATE HIM OR HER FOR THE PERFORMANCE  OF
 THE  DUTIES  OF  HIS OR HER POSITION. Such employee may, within one year
 after  the termination of such disability, make application to the civil
 service department or municipal commission having jurisdiction over  the
 position  last  held  by  such  employee for a medical examination to be
 conducted by a medical officer selected for that purpose by such depart-
 ment or commission. If, upon  such  medical  examination,  such  medical
 officer shall certify that such person is physically and mentally fit to
 perform  the  duties  of  his or her former position, he or she shall be
 reinstated to his or her former position, if vacant, or to a vacancy  in
 a  similar  position  or a position in a lower grade in the same occupa-
 tional field, or to a vacant position for which he or she  was  eligible
 for  transfer.  If  no  appropriate  vacancy  shall exist to which rein-
 statement may be made, or if the work load does not warrant the  filling
 of  such  vacancy,  the  name  of  such  person  shall  be placed upon a
 preferred list for his or her former position, and he or  she  shall  be
 eligible for reinstatement from such preferred list for a period of four
 years.  In  the  event that such person is reinstated to a position in a
 grade lower than that of his or her former position,  his  or  her  name
 shall  be  placed  on  the preferred eligible list for his or her former
 position or any similar position.  This section shall not be  deemed  to
 modify or supersede any other provisions of law applicable to the re-em-
 ployment  of persons retired from the public service on account of disa-
 bility.
   § 29. Paragraph (b) of subdivision 1 of section 460.10  of  the  penal
 law,  as  amended by chapter 442 of the laws of 2006, is amended to read
 as follows:
   (b) Any felony set forth elsewhere in  the  laws  of  this  state  and
 defined  by the tax law relating to alcoholic beverage, cigarette, gaso-
 line and similar motor fuel taxes; article seventy-one of  the  environ-
 mental  conservation law relating to water pollution, hazardous waste or
 substances hazardous or acutely hazardous to public health or safety  of
 the  environment;  article  twenty-three-A  of  the general business law
 relating to prohibited acts concerning stocks, bonds and  other  securi-
 ties,  article twenty-two of the general business law concerning monopo-
 lies, ARTICLE SEVEN OF THE WORKERS' COMPENSATION LAW CONCERNING FRAUD.
   § 30. This act shall take effect on the ninetieth day after  it  shall
 have  become a law; provided, however that the amendments to paragraph 1
 of subsection (t) of section 2313 of the insurance law made  by  section
 twenty-seven  of this act shall not affect the repeal of such subsection
 and shall be deemed repealed therewith.