Assembly Bill A9924

2019-2020 Legislative Session

Includes a presumption of permanent total disability for certain individuals

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A9924 (ACTIVE) - Details

Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2021-2022: A1220
2023-2024: A391

2019-A9924 (ACTIVE) - Summary

Includes a presumption of permanent total disability for certain individuals approved for SSDI benefits and individuals unable to perform the full range of sedentary work.

2019-A9924 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9924
 
                           I N  A S S E M B L Y
 
                             February 27, 2020
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the workers' compensation law, in relation to  including
   a presumption of permanent total disability for certain individuals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subdivision 1 of section 15 of the  workers'  compensation
 law,  as  amended by section 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 INABILITY TO  PERFORM  THE
 FULL  RANGE  OF  SEDENTARY WORK, OR APPROVAL FOR FEDERAL SOCIAL SECURITY
 DISABILITY BENEFITS AS A RESULT OF THE COMPENSABLE ACCIDENT  OR  OCCUPA-
 TIONAL  DISEASE shall, in the absence of conclusive proof to the contra-
 ry, 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 engaging in busi-
 ness  or  employment  provided his 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  compensation  shall be diminished to an
 amount which, together with his 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 ther-
 eof, would otherwise be entitled to under any other  provision  of  this
 section.
   § 2.  This act shall take effect immediately.

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