A. 4449 2
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 523 of the laws of 2021, 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 to June thir-
teenth, two thousand twenty-one, said firefighter shall receive four
hundred 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, two thousand twenty-one TO JUNE THIRTIETH
TWO THOUSAND TWENTY-FOUR, said firefighter shall receive six 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, TWO THOUSAND TWENTY-FOUR, SAID FIREFIGHTER
SHALL RECEIVE 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 fire-
fighter has been lost temporarily and totally as the result of the inju-
ry. In case of temporary total disability and permanent partial disabil-
ity 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 disabili-
ty in excess of such number of weeks shall be added to the period
A. 4449 3
provided in section ten of this article: arm, thirty-two weeks; leg,
forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
ty-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 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-FOUR 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-
A. 4449 4
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
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-FOUR 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,
A. 4449 5
PROVIDED, HOWEVER, THAT WHEN THE VOLUNTEER FIREFIGHTER IS INJURED IN THE
LINE OF DUTY ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR 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;
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 523 of the laws of 2021, 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
A. 4449 6
when a volunteer ambulance worker is injured in the line of duty on or
after July first, nineteen hundred ninety-two to June thirtieth, two
thousand twenty-one, 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 twenty-one TO JUNE THIRTIETH, TWO
THOUSAND TWENTY-FOUR such ambulance worker shall be paid six hundred
fifty 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 TWENTY-FOUR SUCH AMBULANCE
WORKER SHALL BE PAID NINE HUNDRED DOLLARS FOR EACH 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 disabili-
ty 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, twen-
ty-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-FOUR SUCH PAYMENTS SHALL BE NINE
HUNDRED DOLLARS FOR EACH WEEK as follows:
A. 4449 7
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
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-FOUR, 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-FOUR, 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.