S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6602
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to the sched-
   ule of compensation in case of disability
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Paragraph w of subdivision 3 of section 15 of the workers'
 compensation law, as amended by chapter  6  of  the  laws  of  2007,  is
 amended to read as follows:
   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 compen-
 sation  payable  under  this paragraph shall not exceed (i) five hundred
 twenty-five weeks, BEGINNING AT THE DATE OF INJURY, in  cases  in  which
 the  loss  of wage-earning capacity is greater than ninety-five percent;
 (ii) five hundred weeks, BEGINNING AT THE DATE OF INJURY,  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  seventy-five
 weeks,  BEGINNING  AT  THE DATE OF INJURY, 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, BEGINNING AT THE
 DATE OF INJURY, 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, BEGINNING AT  THE  DATE  OF  INJURY,  in
 cases  in which the loss of wage-earning capacity is greater than seven-
 ty-five percent but not more than  eighty  percent;  (vi)  four  hundred
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09483-01-7

 A. 6602                             2
 
 weeks,  BEGINNING  AT  THE DATE OF INJURY, 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, BEGINNING
 AT THE DATE OF INJURY, in cases in which the loss of wage-earning capac-
 ity  is  greater  than  sixty percent but not more than seventy percent;
 (viii) three hundred fifty weeks, BEGINNING AT THE DATE  OF  INJURY,  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,
 BEGINNING  AT  THE  DATE  OF INJURY, 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, BEGINNING AT THE DATE OF
 INJURY, 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, BEGINNING AT THE DATE OF INJURY, 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, BEGINNING
 AT THE DATE OF INJURY, in cases in which the loss of wage-earning capac-
 ity is fifteen percent or less. For those claimants classified as perma-
 nently 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
 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.
   (3) ANY DIFFERENCE IN COMPENSATION RATE PAID DURING A PERIOD OF TEMPO-
 RARY  DISABILITY  AND THE RATE OF PAYMENT AFTER CLASSIFICATION OF PERMA-
 NENT DISABILITY SHALL BE PAID BY THE EMPLOYER OR CREDITED TO THE EMPLOY-
 ER IN WEEKLY INSTALLMENTS DURING THE CONTINUANCE OF  PAYMENTS  FOR  SUCH
 PERMANENT PARTIAL DISABILITY.
   § 2. This act shall take effect immediately.