NY State Senate Bill 2021-S1024B

Archive: Last Bill Status - In Senate Committee Rules 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	committed to rules
Feb 03, 2022	advanced to third reading
Feb 02, 2022	2nd report cal.
Feb 01, 2022	1st report cal.392
Jan 05, 2022	referred to labor
May 12, 2021	print number 1024b
May 12, 2021	amend and recommit to labor
May 10, 2021	print number 1024a
May 10, 2021	amend and recommit to labor
Jan 06, 2021	referred to labor

Votes

- Feb 1, 2022 - Labor Committee Vote
  S1024B
  
  10
  
  Aye
  
  3
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: Feb 1, 2022
      
      aye (10)
      
      Gounardes
      
      Jackson
      
      Mattera
      
      Mayer
      
      Persaud
      
      Ramos
      
      Ryan
      
      Sanders Jr.
      
      Savino
      
      Skoufis
      
      nay (3)
      
      Akshar
      
      Gallivan
      
      Rath III

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S1024 - Details

See Assembly Version of this Bill:: A1220
Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7751, A9924
2023-2024: S1799, A391

2021-S1024 - 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-S1024 - Sponsor Memo

                                
 
BILL NUMBER: S1024

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to eligibil-
ity for classification as permanent total disability

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 1 of section 15 of the workers' compensation law,
chapter 675 of the laws of 1977, are amended to redefine what consti-
tutes qualification for permanent total disability.

Section 2: This act shall take effect immediately

 
JUSTIFICATION:

The process of applying for Workers' Compensation benefits can be daunt-
ing and difficult for workers. In particular, workers who suffer from
permanent injury face difficulty in receiving the benefits they deserve.

Often workers who are classified by Social Security Disability Insurance
(SSDI) to have total permanent disability struggle to get the same
ruling from the workers' compensation board and are forced to fight in
court for years.

This legislation would make it less burdensome for workers to receive
the full compensation for their injury by assuming that a worker on SSDI
has permanent total disability. Those on SSDI are already considered
totally disabled at the federal level, and therefore, are unable to
perform even sedentary work. Those that cannot work should be receiving
the highest benefits available at 66.6% of their average weekly wages.

Also, this legislation provides insurers with the right to appeal and
present evidence that the disability is not because of work but other
outstanding conditions outside of work.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1024 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1024
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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  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.
                                                            LBD04929-01-1

 S. 1024                             2
 
 shall not result in reduction of compensation which an injured  employee
 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 of any two ther-
 eof,  would  otherwise  be entitled to under any other provision of this
 section.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S1024A - Details

See Assembly Version of this Bill:: A1220
Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7751, A9924
2023-2024: S1799, A391

2021-S1024A - Summary

2021-S1024A - Sponsor Memo

                                
 
BILL NUMBER: S1024A

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to eligibil-
ity for classification as permanent total disability

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 1 of section 15 of the workers' compensation law,
chapter 675 of the laws of 1977, are amended to redefine what consti-
tutes qualification for permanent total disability.

Section 2: This act shall take effect immediately

 
JUSTIFICATION:

The process of applying for Workers' Compensation benefits can be daunt-
ing and difficult for workers. In particular, workers who suffer from
permanent injury face difficulty in receiving the benefits they deserve.

Often workers who are classified by Social Security Disability Insurance
(SSDI) to have total permanent disability struggle to get the same
ruling from the NY workers' compensation board and are forced to fight
in court for years.

This legislation would make it less burdensome for workers to receive
the full compensation for their injury by assuming that a worker on SSDI
has permanent total disability. Those on SSDI are already considered
totally disabled at the federal level, and therefore, are unable to
perform even sedentary work. Those that cannot work should be receiving
the highest benefits available at 66.6% of their average weekly wages.

Also, this legislation provides insurers with the right to appeal and
present evidence that the disability is not because of work but other
outstanding conditions outside of work.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7751 (Ramos)- Labor

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1024A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1024--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  JACKSON,  MAYER -- read twice and ordered
   printed, and when printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04929-04-1

 S. 1024--A                          2
 
 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
 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 of any two ther-
 eof, would otherwise be entitled to under any other  provision  of  this
 section.    FOR  THE  PURPOSES OF THIS SECTION, INABILITY TO PERFORM THE
 FULL RANGE OF SEDENTARY WORK SHALL MEAN THE INABILITY TO EXERT UP TO TEN
 POUNDS OF FORCE OCCASIONALLY OR UP TO ONE-THIRD OF THE WORKDAY,  OR  THE
 INABILITY  TO  EXERT  A  NEGLIGIBLE  AMOUNT OF FORCE FREQUENTLY TO LIFT,
 CARRY, PUSH, PULL, OR OTHERWISE MOVE OBJECTS, INCLUDING THE  HOME  BODY,
 AND  EXAMPLES  OF  THE  INABILITY TO PERFORM THE FULL RANGE OF SEDENTARY
 WORK SHALL INCLUDE BUT NOT BE LIMITED TO THE INABILITY  TO  SIT  FOR  AT
 LEAST  SIX HOURS IN AN EIGHT-HOUR DAY AND OCCASIONALLY WALK OR STAND FOR
 NO MORE THAN TWO HOURS IN AN EIGHT-HOUR DAY. IN CIRCUMSTANCES WHERE  THE
 INABILITY  TO  PERFORM  THE  FULL  RANGE  OF SEDENTARY WORK INVOLVES THE
 PERFORMANCE OF UNSKILLED SEDENTARY WORK, RELATED ACTIVITIES OF A  NON-E-
 XERTIONAL  NATURE  SUCH AS SEEING, HAND-MANIPULATION, AND UNDERSTANDING,
 REMEMBERING, AND CARRYING OUT SIMPLE INSTRUCTIONS SHALL BE CONSIDERED.
   § 2. This act shall take effect immediately.

co-Sponsors

2021-S1024B (ACTIVE) - Details

See Assembly Version of this Bill:: A1220
Current Committee:: Senate Rules
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §15, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7751, A9924
2023-2024: S1799, A391

2021-S1024B (ACTIVE) - Summary

2021-S1024B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1024B

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to eligibil-
ity for classification as permanent total disability

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 1 of section 15 of the workers' compensation law,
chapter 675 of the laws of 1977, are amended to redefine what consti-
tutes qualification for permanent total disability.

Section 2: This act shall take effect immediately

 
JUSTIFICATION:

The process of applying for Workers' Compensation benefits can be daunt-
ing and difficult for workers. In particular, workers who suffer from
permanent injury face difficulty in receiving the benefits they deserve.

Often workers who are classified by Social Security Disability Insurance
(SSDI) to have total permanent disability struggle to get the same
ruling from the NY workers' compensation board and are forced to fight
in court for years.

This legislation would make it less burdensome for workers to receive
the full compensation for their injury by assuming that a worker on SSDI
has permanent total disability. Those on SSDI are already considered
totally disabled at the federal level, and therefore, are unable to
perform even sedentary work. Those that cannot work should be receiving
the highest benefits available at 66.6% of their average weekly wages.

Also, this legislation provides insurers with the right to appeal and
present evidence that the disability is not because of work but other
outstanding conditions outside of work.

 
PRIOR LEGISLATIVE HISTORY:

2020: S7751 (Ramos)- Labor

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1024B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1024--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  RAMOS,  JACKSON,  MAYER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- 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.
                                                            LBD04929-06-1

 S. 1024--B                          2
 
 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
 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 of any two ther-
 eof,  would  otherwise  be entitled to under any other provision of this
 section.  FOR THE PURPOSES OF THIS SECTION,  INABILITY  TO  PERFORM  THE
 FULL RANGE OF SEDENTARY WORK SHALL MEAN THE INABILITY TO EXERT UP TO TEN
 POUNDS  OF  FORCE OCCASIONALLY OR UP TO ONE-THIRD OF THE WORKDAY, OR THE
 INABILITY TO EXERT A NEGLIGIBLE AMOUNT  OF  FORCE  FREQUENTLY  TO  LIFT,
 CARRY,  PUSH,  PULL, OR OTHERWISE MOVE OBJECTS, INCLUDING THE HOME BODY,
 AND EXAMPLES OF THE INABILITY TO PERFORM THE  FULL  RANGE  OF  SEDENTARY
 WORK  SHALL  INCLUDE  BUT  NOT BE LIMITED TO THE INABILITY TO SIT FOR AT
 LEAST SIX HOURS IN AN EIGHT-HOUR DAY AND OCCASIONALLY WALK OR STAND  FOR
 NO  MORE THAN TWO HOURS IN AN EIGHT-HOUR DAY. IN CIRCUMSTANCES WHERE THE
 INABILITY TO PERFORM THE FULL  RANGE  OF  SEDENTARY  WORK  INVOLVES  THE
 PERFORMANCE  OF UNSKILLED SEDENTARY WORK, RELATED ACTIVITIES OF A NON-E-
 XERTIONAL NATURE SUCH AS SEEING, HAND-MANIPULATION,  AND  UNDERSTANDING,
 REMEMBERING, AND CARRYING OUT SIMPLE INSTRUCTIONS SHALL BE CONSIDERED.
   §  2.  This act shall take effect immediately and shall apply to inju-
 ries subject to the provisions of the workers' compensation law  arising
 on and after the effective date of this act.

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Senate Bill S1024B

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Feb 1, 2022 - Labor Committee Vote

Labor Committee Vote: Feb 1, 2022

Bill Amendments

co-Sponsors

2021-S1024 - Details

2021-S1024 - Summary

2021-S1024 - Sponsor Memo

2021-S1024 - Bill Text download pdf

co-Sponsors

2021-S1024A - Details

2021-S1024A - Summary

2021-S1024A - Sponsor Memo

2021-S1024A - Bill Text download pdf

co-Sponsors

2021-S1024B (ACTIVE) - Details

2021-S1024B (ACTIVE) - Summary

2021-S1024B (ACTIVE) - Sponsor Memo

2021-S1024B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1024B

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2021-S1024 - Details

2021-S1024 - Summary

2021-S1024 - Sponsor Memo

2021-S1024 - Bill Text download pdf

co-Sponsors

2021-S1024A - Details

2021-S1024A - Summary

2021-S1024A - Sponsor Memo

2021-S1024A - Bill Text download pdf

co-Sponsors

2021-S1024B (ACTIVE) - Details

2021-S1024B (ACTIVE) - Summary

2021-S1024B (ACTIVE) - Sponsor Memo

2021-S1024B (ACTIVE) - Bill Text download pdf

Comments