BILL NUMBER: S3234

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to attachment
to the labor market in temporary partial disability cases

 
PURPOSE OR GENERAL IDEA OF BILL:

This would provide that a temporarily disabled claimant would not have
to seek work to maintain their benefits unless the loss of wages is due
to a circumstance unrelated to the injury that caused the disablement.

 
SUMMARY OF PROVISIONS:

Amends Workers Compensation Law § 15 to provide that a temporarily
partially disabled claimant would not have to seek work to maintain
their benefits unless the loss of wages is due to a circumstance unre-
lated to the injury that caused the disablement.

              

 
JUSTIFICATION:

The Workers' Compensation Law provides that in cases of partial disabil-
ity, "the board may in the interest of justice fix such wage earning
capacity as shall be reasonable, but not in excess of seventy-five per
centum of (the injured worker's) former full time actual earnings,
having due regard to the nature of his injury and his physical impair-
ment." (WCL § 15(5-a)). The statute recognizes that a partially disabled
worker retains the ability to do some work, and provides compensation
only for the loss of wage earning capacity.  No compensation is payable
for the wage earning capacity the worker retains. If a partially disa-
bled worker returns to work, benefits are awarded based on his or her
actual earnings. In the absence of a return to work, the Board must
estimate the loss of wage earning capacity and award benefits according-
ly (WCL § 15(5-a)). The law does not identify the circumstances in which
a partially disabled worker must seek employment as a condition of
receiving benefits. The lack of a statutory standard has resulted in
substantial litigation before the Workers' Compensation Board and in the
Courts. The issue was considered by a sharply divided Court of Appeals
in Matter of Zamora v. New York Neurologic, 19 N.Y.3d 186, 970 N.E.2d
823, 947 N.Y.S.2d 788 (2012). The Court held that the Board could
require non-working, partially disabled claimants to show proof of labor
market attachment as a condition of receiving benefits, but established
no standards. By contrast, the Unemployment Insurance Law specifically
states when work must be sought as a condition of benefits and estab-
lishes a statutory standard for adequate attachment to the labor market
(Labor Law §§ 591, 593). This bill would provide a statutory standard
for labor market attachment in workers' compensation claim only when
loss of wages is wholly unrelated to such injury.

 
PRIOR LEGISLATIVE HISTORY:

Similar to:  2013-14 Sessions - S.5294 - referred to Labor Committee,
reported to calendar.
2015-16 Sessions - S.2768 - referred to Labor, no significant action
2017-18 Session - S3922 - referred to Labor, no significant action

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.