S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7178--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 27, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on  Labor  -- 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  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05324-02-2
              

 A. 7178--A                          2
 
 sation  for permanent or temporary partial 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  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 TWENTY-TWO 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-
 A. 7178--A                          3
 
 sation  when combined with decreased earnings or earning capacity exceed
 the amount of wages 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 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.