Assembly Bill A1220B

2021-2022 Legislative Session

Relates to eligibility for classification as permanent total disability

download bill text pdf

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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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Bill Amendments

co-Sponsors

2021-A1220 - Details

See Senate Version of this Bill:
S1024
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9924, S7751
2023-2024: A391, S1799

2021-A1220 - Summary

Relates to eligibility for classification as permanent total disability; includes inability to perform the full range of sedentary work or approval for federal social security disability benefits as a result of a compensable accident or occupational disease as constituting permanent total disability.

2021-A1220 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1220
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. BRONSON, PERRY, REYES -- read once and referred
   to the Committee 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1220A - Details

See Senate Version of this Bill:
S1024
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9924, S7751
2023-2024: A391, S1799

2021-A1220A - Summary

Relates to eligibility for classification as permanent total disability; includes inability to perform the full range of sedentary work or approval for federal social security disability benefits as a result of a compensable accident or occupational disease as constituting permanent total disability.

2021-A1220A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1220--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. BRONSON, PERRY, REYES -- read once and referred
   to the Committee on  Labor  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the workers' compensation law, in relation to eligibil-
   ity for classification as permanent total disability

   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 chapter 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 A 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2021-A1220B (ACTIVE) - Details

See Senate Version of this Bill:
S1024
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9924, S7751
2023-2024: A391, S1799

2021-A1220B (ACTIVE) - Summary

Relates to eligibility for classification as permanent total disability; includes inability to perform the full range of sedentary work or approval for federal social security disability benefits as a result of a compensable accident or occupational disease as constituting permanent total disability.

2021-A1220B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1220--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. BRONSON, REYES -- read once and referred to the
   Committee on Labor --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Labor in accordance with Assembly Rule 3,  sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the workers' compensation law, in relation to  eligibil-
   ity for classification as permanent total disability
 
   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 chapter 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 A  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04929-07-1

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