S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11078
 
                           I N  A S S E M B L Y
 
                              October 7, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Steck) --
   read once and referred to the Committee on Local Governments
 
 AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
   teer ambulance workers' benefit law, in relation to increasing certain
   disability payments and specifying payments for volunteer firefighters
   and  ambulance  workers  injured  in the line of duty on or after July
   first, two thousand twenty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  8 of the volunteer firefighters' benefit law, as
 amended by chapter 401 of the laws  of  2016,  is  amended  to  read  as
 follows:
   §  8.  Permanent total disability benefits. In the case of total disa-
 bility adjudged to be permanent the volunteer firefighter shall be  paid
 [six] NINE hundred dollars for each week during the continuance thereof.
 Permanent  total  disability,  within the meaning of this section, shall
 exist only if the earning capacity of the volunteer firefighter has been
 lost permanently and totally as the result of the injury.  The  loss  of
 both  hands,  or both arms, or both feet, or both legs, or both eyes, or
 any two thereof, shall, in  the  absence  of  conclusive  proof  to  the
 contrary,  constitute permanent total disability, but in all other cases
 permanent total disability shall be determined in  accordance  with  the
 facts.  Notwithstanding any other provisions of this chapter, an injured
 volunteer firefighter 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
 any two thereof shall not suffer any diminution of such  weekly  benefit
 by  engaging  in business or employment provided his or her weekly earn-
 ings or wages, when combined with his or her weekly benefit shall not be
 in excess of eight hundred dollars; and further provided that the appli-
 cation of this section shall not result in reduction of  benefits  which
 an  injured  volunteer  firefighter  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 any two thereof would otherwise be entitled to
 under any other provisions of this article.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD17436-01-0

 A. 11078                            2
 
   § 2. Section 9 of the volunteer firefighters' benefit law, as  amended
 by chapter 924 of the laws of 1990, is amended to read as follows:
   § 9. Temporary  total  disability  benefits.  In the case of temporary
 total disability the volunteer firefighter shall  be  paid  one  hundred
 twenty-five  dollars  for  each  week  during  the  continuance thereof;
 provided, however, that when the volunteer firefighter is injured in the
 line of duty on or after July first, nineteen hundred  seventy-eight  to
 December  thirty-first, nineteen hundred seventy-eight, said firefighter
 shall receive one hundred eighty dollars per week during the continuance
 thereof; and further provided, that when the  volunteer  firefighter  is
 injured  in the line of duty on or after January first, nineteen hundred
 seventy-nine to June  thirtieth,  nineteen  hundred  eighty-three,  said
 firefighter  shall  receive  two hundred fifteen dollars per week during
 the continuance thereof; and further provided, that when  the  volunteer
 firefighter is injured in the line of duty on or after July first, nine-
 teen  hundred  eighty-three  to June thirtieth, nineteen hundred eighty-
 four, said firefighter shall receive two hundred fifty-five dollars  per
 week during the continuance thereof; and further provided, that when the
 volunteer  firefighter  is  injured in the line of duty on or after July
 first, nineteen hundred eighty-four to June thirtieth, nineteen  hundred
 eighty-five,  said  firefighter  shall  receive two hundred seventy-five
 dollars per week during the continuance thereof; and  further  provided,
 that when the volunteer firefighter is injured in the line of duty on or
 after  July first, nineteen hundred eighty-five to June thirtieth, nine-
 teen hundred  ninety,  said  firefighter  shall  receive  three  hundred
 dollars  per  week during the continuance thereof; and further provided,
 that when the volunteer firefighter is injured in the line of duty on or
 after July first, nineteen hundred ninety to  June  thirtieth,  nineteen
 hundred  ninety-one,  said firefighter shall receive three hundred forty
 dollars per week during the continuance thereof; and  further  provided,
 that  when  a volunteer firefighter is injured in the line of duty on or
 after July first, nineteen hundred ninety-one to June  thirtieth,  nine-
 teen  hundred  ninety-two,  said firefighter shall receive three hundred
 fifty dollars per week  during  the  continuance  thereof;  and  further
 provided,  that  when  a volunteer firefighter is injured in the line of
 duty on or after July first, [nineteen hundred ninety-two] TWO  THOUSAND
 TWENTY,  said  firefighter shall receive [four] NINE hundred dollars per
 week during the continuance thereof. Temporary total disability,  within
 the meaning of this section, shall exist only if the earning capacity of
 the  volunteer  firefighter has been lost temporarily and totally as the
 result of the injury. In case of temporary total disability  and  perma-
 nent  partial  disability  both  resulting  from the same injury, if the
 temporary total disability continues for a longer period than the number
 of weeks set forth in the following schedule, the  period  of  temporary
 total disability in excess of such number of weeks shall be added to the
 period  provided  in section ten of this article: arm, thirty-two weeks;
 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two  weeks;  ear,
 twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks; first
 finger, eighteen weeks; great toe, twelve weeks; second  finger,  twelve
 weeks;  third finger, eight weeks; fourth finger, eight weeks; toe other
 than great toe, eight weeks. In any case resulting in  loss  or  partial
 loss  of  use  of  arm, leg, hand, foot, ear, eye, thumb, finger or toe,
 where the temporary total disability does not extend beyond the  periods
 above mentioned for such injury, benefits shall be limited to the sched-
 ule contained in section ten of this article.

 A. 11078                            3
 
   §  3.  The  opening  paragraph  and  paragraph (g) of subdivision 1 of
 section 10 of the volunteer firefighters' benefit law, the opening para-
 graph as amended by chapter 21 of the laws of  1991,  paragraph  (g)  as
 amended by chapter 584 of the laws of 1974, the opening subparagraph and
 subparagraph 4 of paragraph (g) as amended by chapter 476 of the laws of
 2018  and  subparagraphs  1 and 2 of paragraph (g) as amended by chapter
 924 of the laws of 1990, are amended to read as follows:
   In the case of disability partial in character, but permanent in qual-
 ity, the volunteer firefighter shall be  paid  ninety-five  dollars  for
 each week for the period specified in this subdivision, provided, howev-
 er,  that  when the volunteer firefighter is injured in the line of duty
 on or after January first, nineteen hundred seventy-eight to June  thir-
 tieth,  nineteen hundred eighty-three, such payment shall be one hundred
 five dollars for each week, and further provided that when  a  volunteer
 firefighter is injured in the line of duty on or after July first, nine-
 teen  hundred  eighty-three  to  and  including June thirtieth, nineteen
 hundred eighty-four, such payments  shall  be  one  hundred  twenty-five
 dollars for each week and provided further that when the volunteer fire-
 fighter  is injured in the line of duty on or after July first, nineteen
 hundred eighty-four to and including June  thirtieth,  nineteen  hundred
 eighty-five  such  payments shall be one hundred thirty-five dollars for
 each week and provided further that when the  volunteer  firefighter  is
 injured  in  the  line  of duty on or after July first, nineteen hundred
 eighty-five to and including June  thirtieth,  nineteen  hundred  ninety
 such  payments  shall  be  one  hundred fifty dollars for each week, and
 provided further that when the volunteer firefighter is injured  in  the
 line  of  duty  on  or  after July first, nineteen hundred ninety to and
 including June thirtieth,  nineteen  hundred  ninety-one  such  payments
 shall  be two hundred eighty dollars for each week, and provided further
 that when the volunteer firefighter is injured in the line of duty on or
 after July first, nineteen hundred  ninety-one  to  and  including  June
 thirtieth,  nineteen  hundred  ninety-two  such  payments shall be three
 hundred fifty dollars for each week, and provided further that when  the
 volunteer  firefighter  is  injured in the line of duty on or after July
 first, nineteen hundred ninety-two such payments shall be  four  hundred
 dollars  for  each  week,  AND  PROVIDED FURTHER THAT WHEN THE VOLUNTEER
 FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR AFTER JULY  FIRST,  TWO
 THOUSAND  TWENTY  SUCH  PAYMENTS  SHALL BE NINE HUNDRED DOLLARS FOR EACH
 WEEK as follows:
   (g) Other cases. In all other cases of  permanent  partial  disability
 the volunteer firefighter shall be paid for each week during the contin-
 uance thereof, as follows:
   1.  If  the percentage of loss of earning capacity is seventy-five per
 centum, or greater, he or she shall be paid ninety-five dollars for each
 week, provided, however, that when the volunteer firefighter is  injured
 in  the  line of duty on or after January first, nineteen hundred seven-
 ty-eight to and including June thirtieth, nineteen hundred eighty-three,
 such payment shall be one hundred five dollars for each  week  provided,
 however,  that  when the volunteer firefighter is injured in the line of
 duty on or after  July  first,  nineteen  hundred  eighty-three  to  and
 including  June  thirtieth,  nineteen  hundred eighty-four, such payment
 shall be one hundred twenty-five dollars for each week provided,  howev-
 er,  that  when the volunteer firefighter is injured in the line of duty
 on or after July first, nineteen hundred eighty-four  to  and  including
 June  thirtieth,  nineteen hundred eighty-five such payment shall be one
 hundred thirty-five dollars for each week, provided, however, that  when

 A. 11078                            4
 
 the  volunteer  firefighter  is  injured in the line of duty on or after
 July first, nineteen hundred eighty-five to and including  June  thirti-
 eth,  nineteen  hundred  ninety  such payment shall be one hundred fifty
 dollars  for each week, provided, however, that when the volunteer fire-
 fighter is injured in the line of duty on or after July first,  nineteen
 hundred  ninety  to and including June thirtieth, nineteen hundred nine-
 ty-one such payment shall be two hundred eighty dollars for  each  week,
 and  provided  further that when the volunteer firefighter is injured in
 the line of duty on or after July first, nineteen hundred ninety-one  to
 and  including  June thirtieth, nineteen hundred ninety-two such payment
 shall be three hundred fifty dollars for each week, and provided further
 that when the volunteer firefighter is injured in the line of duty on or
 after July first, nineteen hundred ninety-two such payment shall be four
 hundred dollars for each week, AND PROVIDED FURTHER THAT WHEN THE VOLUN-
 TEER FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR AFTER JULY  FIRST,
 TWO  THOUSAND TWENTY SUCH PAYMENT SHALL BE NINE HUNDRED DOLLARS FOR EACH
 WEEK;
   2. If the percentage of loss of earning capacity is fifty per  centum,
 or  greater,  but  less than seventy-five per centum, he or she shall be
 paid sixty-three dollars and thirty-three cents for each week, provided,
 however, that when the volunteer firefighter is injured in the  line  of
 duty  on  or  after January first, nineteen hundred seventy-eight to and
 including June thirtieth, nineteen hundred  eighty-three,  such  payment
 shall be seventy dollars for each week, provided, however, that when the
 volunteer  firefighter  is  injured in the line of duty on or after July
 first, nineteen hundred eighty-three to and  including  June  thirtieth,
 nineteen  hundred eighty-four such payment shall be eighty-three dollars
 and thirty-three cents for each week, provided, however, that  when  the
 volunteer  firefighter  is  injured in the line of duty on or after July
 first, nineteen hundred eighty-four, to and  including  June  thirtieth,
 nineteen  hundred  eighty-five, such payment shall be ninety dollars for
 each week, provided, however, that when  the  volunteer  firefighter  is
 injured  in  the  line  of duty on or after July first, nineteen hundred
 eighty-five to and including June  thirtieth,  nineteen  hundred  ninety
 such  payment  shall  be  one  hundred  dollars for each week, provided,
 however, that when the volunteer firefighter is injured in the  line  of
 duty  on  or  after July first, nineteen hundred ninety to and including
 June thirtieth, nineteen hundred ninety-one such payment  shall  be  one
 hundred   eighty-six  dollars  and  seventy-six  cents  for  each  week,
 provided, however, that when the volunteer firefighter is injured in the
 line of duty on or after July first, nineteen hundred ninety-one to  and
 including June thirtieth, nineteen hundred ninety-two such payment shall
 be  two  hundred  thirty-four  dollars  and  fifty  cents for each week,
 provided, however, that when the volunteer firefighter is injured in the
 line of duty on or after July first, nineteen  hundred  ninety-two  such
 payment  shall  be  two  hundred  sixty-eight  dollars  for  each  week,
 PROVIDED, HOWEVER, THAT WHEN THE VOLUNTEER FIREFIGHTER IS INJURED IN THE
 LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND  TWENTY  SUCH  PAYMENT
 SHALL BE FIVE HUNDRED THIRTY-SIX DOLLARS FOR EACH WEEK;
   3.  If  the  percentage of loss of earning capacity is twenty-five per
 centum, or greater, but less than fifty per centum,  he  shall  be  paid
 [thirty] TWO HUNDRED dollars for each week;
   4.  If the percentage of loss of earning capacity is less than twenty-
 five per centum, he or she shall [not]  be  paid  [any  weekly  benefit.
 Permanent  partial  disability,  within  the  meaning of this paragraph,
 shall exist only if the earning capacity of  the  volunteer  firefighter

 A. 11078                            5

 has been permanently and partially lost as the result of the injury. The
 workers' compensation board shall determine the degree of such disabili-
 ty  and  such board may reconsider such degree on its own motion or upon
 application of any party in interest] FIFTY DOLLARS FOR EACH WEEK.
   §  4.  Section  8  of the volunteer ambulance workers' benefit law, as
 amended by chapter 401 of the laws  of  2016,  is  amended  to  read  as
 follows:
   §  8.  Permanent total disability benefits. In the case of total disa-
 bility adjudged to be permanent the volunteer ambulance worker shall  be
 paid  [six]  NINE  hundred  dollars for each week during the continuance
 thereof. Permanent total disability, within the meaning of this section,
 shall exist only if the earning  capacity  of  the  volunteer  ambulance
 worker  has been lost permanently and totally as the result of the inju-
 ry. The loss of both hands, or both arms, or both feet, or both legs, or
 both eyes, or any two thereof, shall, in the absence of conclusive proof
 to the contrary, constitute permanent total disability, but in all other
 cases permanent total disability shall be determined in accordance  with
 the  facts.  Notwithstanding  any  other  provisions of this chapter, an
 injured volunteer ambulance worker 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 any two thereof shall not suffer any  diminution  of  such
 weekly benefit by engaging in business or employment provided his or her
 weekly  earnings  or  wages, when combined with his weekly benefit shall
 not be in excess of eight hundred dollars; and further provided that the
 application of this section shall not result in  reduction  of  benefits
 which  an  injured volunteer ambulance worker 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 any two thereof would otherwise be entitled
 to under any other provisions of this article.
   § 5. Section 9 of the volunteer ambulance  workers'  benefit  law,  as
 amended  by  chapter  924  of  the  laws  of 1990, is amended to read as
 follows:
   § 9. Temporary total disability benefits. In  the  case  of  temporary
 total  disability  the  volunteer  ambulance  worker shall be paid three
 hundred dollars for each week during the continuance thereof;  provided,
 however, that when the volunteer ambulance worker is injured in the line
 of  duty  on or after the effective date of this chapter to June thirti-
 eth, nineteen hundred ninety; further provided, that when the  volunteer
 ambulance  worker is injured in the line of duty on or after July first,
 nineteen hundred ninety to June thirtieth, nineteen hundred  ninety-one,
 said ambulance worker shall receive three hundred forty dollars per week
 during the continuance thereof, and further provided, that when a volun-
 teer  ambulance  worker  is injured in the line of duty on or after July
 first, nineteen hundred ninety-one to June thirtieth,  nineteen  hundred
 ninety-two,  said  ambulance  worker  shall  receive three hundred fifty
 dollars per week during the continuance thereof; provided  further  that
 when  a  volunteer ambulance worker is injured in the line of duty on or
 after July first, nineteen  hundred  ninety-two  such  ambulance  worker
 shall  be paid four hundred dollars for each week during the continuance
 thereof; PROVIDED FURTHER THAT WHEN  A  VOLUNTEER  AMBULANCE  WORKER  IS
 INJURED  IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY
 SUCH AMBULANCE WORKER SHALL BE PAID NINE HUNDRED DOLLARS FOR  EACH  WEEK
 DURING  THE  CONTINUANCE THEREOF. Temporary total disability, within the
 meaning of this section, shall exist only if the earning capacity of the
 volunteer ambulance worker has been lost temporarily and totally as  the
 result  of  the injury. In case of temporary total disability and perma-

 A. 11078                            6
 
 nent partial disability both resulting from  the  same  injury,  if  the
 temporary total disability continues for a longer period than the number
 of  weeks  set  forth in the following schedule, the period of temporary
 total disability in excess of such number of weeks shall be added to the
 period  provided  in section ten of this chapter: arm, thirty-two weeks;
 leg, forty weeks; hand, thirty-two weeks; foot, thirty-two  weeks;  ear,
 twenty-five  weeks;  eye,  twenty weeks; thumb, twenty-four weeks; first
 finger, eighteen weeks; great toe, twelve weeks; second  finger,  twelve
 weeks;  third finger, eight weeks, fourth finger, eight weeks; toe other
 than great toe, eight weeks. In any case resulting in  loss  or  partial
 loss  of  use  of  arm, leg, hand, foot, ear, eye, thumb, finger or toe,
 where the temporary total disability does not extend beyond the  periods
 above mentioned for such injury, benefits shall be limited to the sched-
 ule contained in section ten of this chapter.
   § 6. The opening paragraph and paragraph g of subdivision 1 of section
 10  of  the  volunteer ambulance workers' benefit law, the opening para-
 graph as amended by chapter 21 of the  laws  of  1991,  paragraph  g  as
 amended  by chapter 604 of the laws of 1989 and subparagraphs 1 and 2 of
 paragraph g as amended by chapter 924 of the laws of 1990,  are  amended
 to read as follows:
   In the case of disability partial in character, but permanent in qual-
 ity,  the  volunteer ambulance worker, injured in the line of duty shall
 be paid one hundred fifty dollars for each week for the period specified
 in this subdivision, provided, however, that when  the  volunteer  ambu-
 lance  worker  is  injured in the line of duty on or after the effective
 date of this chapter to and including June thirtieth,  nineteen  hundred
 ninety, and provided further that when the volunteer ambulance worker is
 injured  in  the  line  of duty on or after July first, nineteen hundred
 ninety to and including June thirtieth, nineteen hundred ninety-one such
 payments shall be two hundred eighty dollars for each week, and provided
 further that when the volunteer ambulance worker is injured in the  line
 of  duty  on  or  after  July  first, nineteen hundred ninety-one to and
 including June thirtieth,  nineteen  hundred  ninety-two  such  payments
 shall be three hundred fifty dollars for each week; and provided further
 that  when the volunteer ambulance worker is injured in the line of duty
 on or after July first, nineteen hundred ninety-two such payments  shall
 be  four  hundred  dollars for each week; AND PROVIDED FURTHER THAT WHEN
 THE VOLUNTEER AMBULANCE WORKER IS INJURED IN THE  LINE  OF  DUTY  ON  OR
 AFTER  JULY  FIRST,  TWO  THOUSAND  TWENTY  SUCH  PAYMENTS SHALL BE NINE
 HUNDRED DOLLARS FOR EACH WEEK as follows:
   g. Other cases. In all other cases of permanent partial disability the
 volunteer ambulance worker shall be  paid  for  each  week,  during  the
 continuance thereof, as follows:
   (1)  If the percentage of loss of earning capacity is seventy-five per
 centum, or greater, he or she shall be paid one  hundred  fifty  dollars
 for each week, provided, however, that the volunteer ambulance worker is
 injured in the line of duty on or after the effective date of this chap-
 ter  to and including June thirtieth, nineteen hundred ninety, provided,
 however, that when the volunteer ambulance worker is injured in the line
 of duty on or after July first, nineteen hundred ninety to and including
 June thirtieth, nineteen hundred ninety-one such payment  shall  be  two
 hundred eighty dollars for each week, and provided further that when the
 volunteer  ambulance  worker  is injured in the line of duty on or after
 July first, nineteen hundred ninety-one to and including June thirtieth,
 nineteen hundred ninety-two such payment shall be  three  hundred  fifty
 dollars  for  each  week;  and  provided further that when the volunteer

 A. 11078                            7
 
 ambulance worker is injured in the line of duty on or after July  first,
 nineteen  hundred ninety-two such payments shall be four hundred dollars
 for each week; AND PROVIDED FURTHER THAT WHEN  THE  VOLUNTEER  AMBULANCE
 WORKER  IS INJURED IN THE LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOU-
 SAND TWENTY, SUCH PAYMENTS SHALL BE NINE HUNDRED DOLLARS FOR EACH WEEK.
   (2) If the percentage of loss of earning capacity is fifty per centum,
 or greater, but less than seventy-five per centum, he or  she  shall  be
 paid  one  hundred  dollars  for  each week, provided, however, that the
 volunteer ambulance worker is injured in the line of duty  on  or  after
 the  effective  date  of  this  chapter to and including June thirtieth,
 nineteen hundred ninety, provided,  however,  that  when  the  volunteer
 ambulance  worker is injured in the line of duty on or after July first,
 nineteen hundred  ninety  to  and  including  June  thirtieth,  nineteen
 hundred ninety-one, such payment shall be one hundred eighty-six dollars
 and  seventy-six  cents  for each week, provided, however, that when the
 volunteer ambulance worker is injured in the line of duty  on  or  after
 July first, nineteen hundred ninety-one to and including June thirtieth,
 nineteen  hundred  ninety-two, such payment shall be two hundred thirty-
 four dollars and fifty cents for each week; provided, however, that when
 the volunteer ambulance worker is injured in the  line  of  duty  on  or
 after July first, nineteen hundred ninety-two, such payment shall be two
 hundred  sixty-eight dollars for each week; PROVIDED, HOWEVER, THAT WHEN
 THE VOLUNTEER AMBULANCE WORKER IS INJURED IN THE  LINE  OF  DUTY  ON  OR
 AFTER  JULY  FIRST,  TWO  THOUSAND  TWENTY,  SUCH  PAYMENT SHALL BE FIVE
 HUNDRED THIRTY-SIX DOLLARS FOR EACH WEEK.
   (3) If the percentage of  loss  of  earning  capacity  is  twenty-five
 percentum,  or  greater, but less than fifty per centum, he or she shall
 be paid [thirty] TWO HUNDRED dollars for each week.
   (4) If the percentage of loss of earning capacity is less  than  twen-
 ty-five  per  centum, he or she shall [not] be paid [any weekly benefit]
 FIFTY DOLLARS PER WEEK.
   Permanent partial disability, within the meaning  of  this  paragraph,
 shall  exist  only  if  the  earning capacity of the volunteer ambulance
 worker has been permanently and partially lost  as  the  result  of  the
 injury.  The  workers'  compensation board shall determine the degree of
 such disability and such board may reconsider such  degree  on  its  own
 motion or upon application of any party in interest.
   § 7. This act shall take effect immediately.