S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2881
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the workers' compensation law, in relation  to  schedule
   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 (a) of subdivision 6 of section 15 of  the  work-
 ers'  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07746-01-9

 S. 2881                             2
 
 or after January first, nineteen hundred seventy-eight, shall not exceed
 one hundred five dollars per week, that occurs  (2)  on  or  after  July
 first, nineteen hundred eighty-three, shall not exceed one hundred twen-
 ty-five  dollars per week, that occurs (3) on or after July first, nine-
 teen hundred eighty-four,  shall  not  exceed  one  hundred  thirty-five
 dollars  per  week,  that  occurs  (4)  on or after July first, nineteen
 hundred eighty-five, shall not exceed  one  hundred  fifty  dollars  per
 week,  that  occurs (5) on or after July first, nineteen hundred ninety,
 shall not exceed two hundred eighty dollars per week; nor be  less  than
 twenty dollars per week; except that if the employee's wages at the time
 of injury are less than twenty dollars per week, he or she shall receive
 his  or  her  full  weekly  wages.  In  no event shall compensation when
 combined with decreased earnings or earning capacity exceed  the  amount
 of  wages  which  the  employee  was  receiving  at  the time the injury
 occurred. Compensation for permanent or temporary partial disability, or
 for permanent or temporary total disability due to an accident or  disa-
 blement  resulting  from  an  occupational disease that occurs (1) on or
 after July first, nineteen hundred ninety-one and prior to  July  first,
 nineteen  hundred  ninety-two,  shall  not  exceed  three  hundred fifty
 dollars per week; (2) on or after July first, nineteen  hundred  ninety-
 two,  shall  not  exceed four hundred dollars per week; nor be less than
 forty dollars per week except that if the employee's wages at  the  time
 of  injury  are  less  than  forty  dollars per week, the employee shall
 receive his or her full wages. Compensation for permanent  or  temporary
 partial  disability,  or for permanent or temporary total disability due
 to an accident or disablement resulting  from  an  occupational  disease
 that  occurs  (1)  on  or after July first, two thousand seven shall not
 exceed five hundred dollars per week, (2) on or after  July  first,  two
 thousand eight shall not exceed five hundred fifty dollars per week, (3)
 on  or  after July first, two thousand nine shall not exceed six hundred
 dollars per week, and (4) on or after July first, two thousand ten,  and
 on  or  after  July first of each succeeding year, shall not exceed two-
 thirds of the New York state 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. 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 THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN  THAT  AMENDED  THIS
 PARAGRAPH SHALL NOT BE LESS THAN ONE-FIFTH OF THE NEW YORK STATE AVERAGE
 WEEKLY  WAGE  EXCEPT THAT IF THE EMPLOYEE'S WEEKLY WAGES ARE EQUAL TO OR
 LESS THAN ONE-FIFTH OF THE NEW  YORK  STATE  AVERAGE  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

 S. 2881                             3
 
 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.
   § 2. This act shall take effect immediately.