S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3347
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. STECK -- Multi-Sponsored by -- M. of A. FAHY,
   SANTABARBARA -- 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-one
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04394-01-1

 A. 3347                             2
 
 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.
   §  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-ONE, 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 disabil-
 ity and permanent partial disability both resulting from the same  inju-
 ry, 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, thir-
 ty-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,

 A. 3347                             3
 
 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 schedule contained in section ten of this article.
   §  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-ONE 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

 A. 3347                             4

 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
 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-ONE 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-ONE 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;

 A. 3347                             5
 
   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
 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  TWEN-
 TY-ONE SUCH AMBULANCE WORKER SHALL BE PAID NINE HUNDRED DOLLARS FOR EACH

 A. 3347                             6
 
 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
 permanent 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-ONE 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

 A. 3347                             7
 
 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
 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-ONE, 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-ONE, 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.