Assembly Bill A6192A

2023-2024 Legislative Session

Removes labor market attachment requirements for certain disability cases

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Sponsored By

Current 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

2023-A6192 - Details

See Senate Version of this Bill:
S6074
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L

2023-A6192 - Summary

Removes labor market attachment requirements for cases of permanent partial disability.

2023-A6192 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6192
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the workers' compensation law, in relation  to  removing
   labor market attachment requirements for certain disability cases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of paragraph w of  subdivision  3  of
 section  15 of the workers' compensation law, as amended by section 1 of
 subpart A of part NNN of chapter 59 of the laws of 2017, is  amended  to
 read as follows:
   In  all  other cases of permanent partial disability, the compensation
 shall be sixty-six and two-thirds percent of the difference between  the
 injured  employee's  average  weekly  wages  and his or her wage-earning
 capacity thereafter in the same employment or otherwise.    Compensation
 under  this  paragraph  shall  be payable during the continuance of such
 permanent partial disability, without the  necessity  for  the  claimant
 [who  is  entitled  to benefits at the time of classification] to demon-
 strate [ongoing] attachment to the labor market, but subject  to  recon-
 sideration  of  the  degree  of  such impairment by the board on its own
 motion or upon application of any party in interest however, all compen-
 sation payable under this paragraph shall not exceed  (i)  five  hundred
 twenty-five weeks in cases in which the loss of wage-earning capacity is
 greater  than  ninety-five  percent; (ii) five hundred weeks in cases in
 which the loss of wage-earning capacity is greater than  ninety  percent
 but  not  more than ninety-five percent; (iii) four hundred seventy-five
 weeks in cases in which the loss of  wage-earning  capacity  is  greater
 than  eighty-five  percent  but  not more than ninety percent; (iv) four
 hundred fifty weeks in cases in which the loss of wage-earning  capacity
 is  greater  than  eighty percent but not more than eighty-five percent;
 (v) four hundred twenty-five weeks in cases in which the loss  of  wage-
 earning  capacity is greater than seventy-five percent but not more than
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10381-01-3
              

co-Sponsors

2023-A6192A (ACTIVE) - Details

See Senate Version of this Bill:
S6074
Current Committee:
Assembly Labor
Law Section:
Workers' Compensation Law
Laws Affected:
Amd §15, Work Comp L

2023-A6192A (ACTIVE) - Summary

Removes labor market attachment requirements for cases of permanent partial disability.

2023-A6192A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6192--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- 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 removing
   labor market attachment requirements for certain disability cases

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  opening paragraph of paragraph w of subdivision 3 of
 section 15 of the workers' compensation law, as amended by section 1  of
 subpart  A  of part NNN of chapter 59 of the laws of 2017, is amended to
 read as follows:
   In all other cases of permanent partial disability,  the  compensation
 shall  be sixty-six and two-thirds percent of the difference between the
 injured employee's average weekly wages  and  his  or  her  wage-earning
 capacity  thereafter  in the same employment or otherwise.  Compensation
 under this paragraph shall be payable during  the  continuance  of  such
 permanent  partial  disability,  without  the necessity for the claimant
 [who is entitled to benefits at the time of  classification]  to  demon-
 strate  [ongoing]  attachment to the labor market, but subject to recon-
 sideration of the degree of such impairment by  the  board  on  its  own
 motion or upon application of any party in interest however, all compen-
 sation  payable  under  this paragraph shall not exceed (i) five hundred
 twenty-five weeks in cases in which the loss of wage-earning capacity is
 greater than ninety-five percent; (ii) five hundred weeks  in  cases  in
 which  the  loss of wage-earning capacity is greater than ninety percent
 but not more than ninety-five percent; (iii) four  hundred  seventy-five
 weeks  in  cases  in  which the loss of wage-earning capacity is greater
 than eighty-five percent but not more than  ninety  percent;  (iv)  four
 hundred  fifty weeks in cases in which the loss of wage-earning capacity
 is greater than eighty percent but not more  than  eighty-five  percent;
 (v)  four  hundred twenty-five weeks in cases in which the loss of wage-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10381-02-3
              

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