NY State Senate Bill 2023-S5436

Current Bill Status - In Senate Committee Local Government 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Mar 03, 2023	referred to local government

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2023-S5436 (ACTIVE) - Details

See Assembly Version of this Bill:: A5991
Current Committee:: Senate Local Government
Law Section:: Volunteer Firefighters' Benefit Law
Laws Affected:: Amd §§8, 9, 10 & 11, Vol Ffs Ben L; amd §§8, 9, 10 & 11, Vol Amb Wkr Ben L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S8086, A10300
2021-2022: S1340, A3597

2023-S5436 (ACTIVE) - Summary

Increases benefits for volunteer firefighters and volunteer ambulance workers.

2023-S5436 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5436

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the volunteer firefighters' benefit law and the volun-
teer ambulance workers' benefit law, in relation to increasing the
amount of certain benefits

 
PURPOSE:

The purpose of this bill is to update the disability benefits afforded
to volunteer fire and ambulance workers

 
SUMMARY OF PROVISIONS:

Section 1. amends section 8 of the volunteer firefighters' benefit law
to provide an increase in permanent disability benefits to twelve
hundred dollars per week from the current six hundred dollars.

Section 2. amends section 9 of the volunteer firefighters' benefit law
to provide an increase in temporary total disability benefits to eight

hundred dollars per week from the current four hundred dollars.

Section 3. amends section 10 of the volunteer firefighters' benefit law
to provide an increase in permanent partial disability benefits to eight
hundred dollars per week from the current four hundred dollars. Further,
this section increases the maximum compensation for disfigurement to
forty thousand from twenty thousand. Additionally, this section
increases thresholds for varying levels of earning loss.

Section 4. amends section 11 of the volunteer firefighters' benefit law
to provide an increase in the maximum compensation when lost earnings
capacity is seventy-five percent or greater to eight hundred dollars per
week from four hundred dollars.

Section 5. amends section 8 of the volunteer ambulance workers' benefit
law to provide an increase in permanent disability benefits to twelve
hundred dollars per week from the current six hundred dollars.

Section 6. amends section 9 of the volunteer ambulance workers' benefit
law to provide an increase in temporary total disability benefits to
eight hundred dollars per week from the current four hundred dollars.

Section 7. amends section 10 of the volunteer ambulance workers' benefit
law to provide an increase in permanent partial disability benefits to
eight hundred dollars per week from the current four hundred dollars.
Further, this section increases the maximum compensation for disfigure-
ment to forty thousand from twenty thousand. Additionally, this section
increases thresholds for varying levels of potential earning loss.

Section 8. amends section 11 of the volunteer ambulance workers' benefit
law to provide an increase in the maximum compensation when lost earn-
ings capacity is seventy-five percent or greater to eight hundred
dollars per week from four hundred dollars.

Section 9. is the enacting clause.

 
JUSTIFICATION:
Volunteer fire and ambulance personnel take on great risk to themselves
in performing their duties, which includes various activities such as
running into burning buildings, responding to natural disasters, and
addressing pandemic response. These men and women have volunteered to
execute their duties without pay in spite of the danger it presents to
their person, career, and families. When the risk of injury becomes
reality, the volunteer benefits law is there to provide aid in the form
of healthcare, compensation for lost wages, and other considerations.

Knowing these benefits are there to provide for them and their families
offers volunteer first responders piece of mind. However, it has been
quite some time since these benefits have been increased, in most cases
compensation thresholds were last updated in the 1990s, this leaves
these important benefits woefully inadequate. This legislation seeks to
increase these benefits in order to be more appropriate for the current
times.

 
LEGISLATIVE HISTORY:

Senate

2021-2022: S1340, REFERRED TO LOCAL GOVERNMENT:

Assembly

2021-2022: A3597, Referred to local governments

 
FISCAL IMPLICATIONS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5436 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5436
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS, ADDABBO, BAILEY, HARCKHAM, MAYER, MYRIE,
   PARKER, PERSAUD -- read twice and ordered printed, and when printed to
   be committed to the Committee on Local Government
 
 AN ACT to amend the volunteer firefighters' benefit law and  the  volun-
   teer  ambulance  workers'  benefit  law, in relation to increasing the
   amount of certain benefits
 
   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] TWELVE hundred dollars for each week during the continuance there-
 of.    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
 earnings or wages, when combined with his or her  weekly  benefit  shall
 not  be  in  excess  of  [eight]  SIXTEEN  hundred  dollars; and further
 provided that the application  of  this  section  shall  not  result  in
 reduction  of  benefits  which  an  injured volunteer firefighter who is
 disabled due to the loss or total loss of use  of  both  eyes,  or  both
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05826-01-3

 S. 5436                             2
 
 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  arti-
 cle.
   §  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 thirti-
 eth,  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-THREE,  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-THREE, SUCH FIREFIGHTER
 SHALL RECEIVE EIGHT 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
 S. 5436                             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. Section 10 of the volunteer firefighters' benefit  law,  subdivi-
 sion  1 as amended by chapter 175 of the laws of 1962, the opening para-
 graph of subdivision 1 as amended by chapter 21 of  the  laws  of  1991,
 paragraph  (d) of subdivision 1 as amended by chapter 604 of the laws of
 1989, subdivision (e) of subdivision 1 and  subparagraphs  1  and  2  of
 paragraph  (g) of subdivision 1 as amended by chapter 924 of the laws of
 1990, paragraph (g) of subdivision 1 as amended by chapter  584  of  the
 laws  of 1974, the opening paragraph and subparagraph 4 of paragraph (g)
 of subdivision 1 and subdivision 3 as amended by chapter 476 of the laws
 of 2018, is amended to read as follows:
   § 10. Permanent partial disability benefits.  1. In the case of  disa-
 bility  partial  in  character,  but permanent in quality, the volunteer
 firefighter shall be paid ninety-five dollars  for  each  week  for  the
 period  specified  in this subdivision, provided, however, that when the
 volunteer firefighter is injured in the line of duty on or after January
 first,  nineteen  hundred  seventy-eight  to  June  thirtieth,  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,  nineteen  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 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
 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, nine-
 teen  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,
 PROVIDED, HOWEVER, THAT WHEN THE VOLUNTEER FIREFIGHTER IS INJURED IN THE
 LINE OF DUTY ON OR AFTER MARCH FIRST,  TWO  THOUSAND  TWENTY-THREE  SUCH
 PAYMENT SHALL BE EIGHT HUNDRED DOLLARS FOR EACH WEEK as follows:
 
 (a) Loss of member.
 Member lost ............................................ Number of weeks
 Arm ................................................................ 312
 S. 5436                             4
 
 Leg ................................................................ 288
 Hand ............................................................... 244
 Foot ............................................................... 205
 Eye ................................................................ 160
 Thumb ............................................................... 75
 First finger ........................................................ 46
 Great toe ........................................................... 38
 Second finger ....................................................... 30
 Third finger ........................................................ 25
 Toe other than great toe ............................................ 16
 Fourth finger ....................................................... 15
 
 If  more than one phalange of a digit shall be lost, the period shall be
 the same as for the loss of the entire digit. If only the first phalange
 shall be lost, the period shall be one-half the period for loss  of  the
 entire  digit. The period for loss or loss of use of two or more digits,
 or one or more phalanges of two or more digits, of a hand or  foot,  may
 be  proportioned  to  the period for the loss of use of the hand or foot
 occasioned thereby, but shall not exceed the period for the  loss  of  a
 hand  or foot. If an arm or leg shall be amputated at or above the wrist
 or ankle, the period for such loss shall be in proportion to the  period
 for  the loss of the arm or leg. In the case of loss of binocular vision
 or of eighty per centum or more of the vision  of  an  eye,  the  period
 shall be the same as for the loss of the eye.
   (b)  Loss  of hearing. In the case of the complete loss of the hearing
 of one ear, sixty weeks; for the loss  of  hearing  of  both  ears,  one
 hundred fifty weeks.
   (c) Total loss of use. In the case of permanent total loss of use of a
 member, the period shall be the same as for the loss of the member.
   (d)  Partial  loss or partial loss of use. Except as above provided in
 this subdivision, in the case of permanent partial loss or loss  of  use
 of  a  member, the period shall be for the proportionate loss or loss of
 use of the member.  Compensation for permanent partial loss of use of an
 eye shall be awarded on the basis  of  uncorrected  loss  of  vision  or
 corrected  loss  of  vision  resulting  from  an injury whichever is the
 greater.
   (e) Disfigurement. In the case of serious facial  or  head  disfigure-
 ment,  including a disfigurement continuous in length which is partly in
 the facial area and also extends into the neck region  as  described  in
 this  paragraph, the volunteer firefighter shall be paid in a lump sum a
 proper and equitable amount, which shall be determined by  the  workers'
 compensation board. If the earning capacity of the volunteer firefighter
 shall have been impaired, or may in the future be impaired, by any seri-
 ous  disfigurement  in  the  region  above  the sterno clavicular artic-
 ulations anterior to and including  the  region  of  the  sterno  cleido
 mastoid  muscles on either side, the volunteer firefighter shall be paid
 in a lump sum a proper and equitable amount which shall be determined by
 such board. Two  or  more  serious  disfigurements,  not  continuous  in
 length,  resulting from the same injury, if partially in the facial area
 and partially in such neck region,  shall  be  deemed  to  be  a  facial
 disfigurement.  An award, or the aggregate of the awards, to a volunteer
 firefighter under this paragraph shall not exceed [twenty]  FORTY  thou-
 sand dollars.
   (f)  Total  or partial loss or loss of use of more than one member. In
 any case in which there shall be a loss or loss of use of more than  one
 member  or parts of more than one member set forth above in paragraphs a
 S. 5436                             5
 
 to e, both inclusive, of this subdivision, but not amounting  to  perma-
 nent  total disability, the periods for loss or loss of use of each such
 member or part thereof shall run consecutively.
   (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
 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; PROVIDED, HOWEVER, THAT WHEN  THE  VOLUN-
 TEER FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR AFTER MARCH FIRST,
 TWO  THOUSAND  TWENTY-THREE  SUCH PAYMENT SHALL BE EIGHT 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
 S. 5436                             6
 
 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 MARCH FIRST, TWO THOUSAND TWENTY-THREE, 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] SIXTY 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.  Perma-
 nent  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  disability  and
 such board may reconsider such degree on its own motion or upon applica-
 tion of any party in interest.
   2.  An  award  made  to a claimant under this section shall in case of
 death arising from causes other than the injury be payable  to  and  for
 the benefit of the persons following:
   (a)  If there be a surviving spouse and no child of the deceased under
 the age of eighteen years, to such spouse.
   (b) If there be a surviving spouse and surviving child or children  of
 the  deceased under the age of eighteen years, one-half shall be payable
 to the surviving spouse and the other half to  the  surviving  child  or
 children.
   (c)  If  there  be a surviving child or children of the deceased under
 the age of eighteen years, but no surviving spouse, then to  such  child
 or children.
   (d) If there be no surviving spouse and no surviving child or children
 of  the deceased under the age of eighteen years, then to such dependent
 or dependents as defined in section seven of this chapter,  as  directed
 by the [workmen's] WORKERS' compensation board; and if there shall be no
 such  dependents,  then  to the estate of such deceased in an amount not
 exceeding reasonable funeral expenses as provided in subdivision one  of
 section  seven of this chapter, or, if there be no estate, to the person
 or persons paying the funeral expenses of such deceased in an amount not
 exceeding reasonable funeral expenses as provided  in  such  subdivision
 one.
   3.  An  award for disability may be made after the death of the volun-
 teer firefighter.
   § 4. Subdivision 1 of section 11 of the volunteer firefighters'  bene-
 fit  law,  as  amended by chapter 924 of the laws of 1990, is amended to
 read 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,
 S. 5436                             7
 
 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,
 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 three hundred fifty 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-two such payment shall be four
 hundred dollars for each week; PROVIDED, HOWEVER, THAT WHEN  THE  VOLUN-
 TEER FIREFIGHTER IS INJURED IN THE LINE OF DUTY ON OR AFTER MARCH FIRST,
 TWO  THOUSAND  TWENTY-THREE  SUCH PAYMENT SHALL BE EIGHT HUNDRED DOLLARS
 FOR EACH WEEK;
   § 5. 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] TWELVE 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]  SIXTEEN  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 arti-
 cle.
   § 6. 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:
 S. 5436                             8

   § 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  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-THREE 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-THREE  SUCH  AMBULANCE
 WORKER  SHALL  BE  PAID  EIGHT  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.
   §  7.  Subdivision 1 of section 10 of the volunteer ambulance workers'
 benefit law, as amended by chapter 604 of the laws of 1989, the  opening
 paragraph  as amended by chapter 21 of the laws of 1991, paragraph e and
 subparagraphs 1 and 2 of paragraph g as amended by chapter  924  of  the
 laws of 1990, is amended to read as follows:
   1.  In  the  case of disability partial in character, but permanent in
 quality, 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  volun-
 teer  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, and provided further that when the  volunteer  ambulance
 worker  is  injured in the line of duty on or after July first, nineteen
 S. 5436                             9
 
 hundred ninety to and including June thirtieth, nineteen  hundred  nine-
 ty-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;  PROVIDED
 FURTHER THAT WHEN A VOLUNTEER AMBULANCE WORKER IS INJURED IN THE LINE OF
 DUTY  ON  OR AFTER MARCH FIRST, TWO THOUSAND TWENTY-THREE SUCH AMBULANCE
 WORKER SHALL BE PAID EIGHT HUNDRED  DOLLARS  FOR  EACH  WEEK as follows:
   a. Loss of member.
   Member lost                                          Number of weeks
   Arm  ........................................................  312
   Leg  ........................................................  288
   Hand  .......................................................  244
   Foot  .......................................................  205
   Eye  ........................................................  160
   Thumb  ......................................................   75
   First finger  ...............................................   46
   Great toe  ..................................................   38
   Second finger  ..............................................   30
   Third finger  ...............................................   25
   Toe other than great toe  ...................................   16
   Fourth finger  ..............................................   15
 If more than one phalange of a digit shall be lost, the period shall  be
 the same as for the loss of the entire digit. If only the first phalange
 shall  be  lost, the period shall be one-half the period for loss of the
 entire digit. The period for loss or loss of use of two or more  digits,
 or  one  or more phalanges of two or more digits, of a hand or foot, may
 be proportioned to the period for the loss of use of the  hand  or  foot
 occasioned  thereby,  but  shall not exceed the period for the loss of a
 hand or foot. If an arm or leg shall be amputated at or above the  wrist
 or  ankle, the period for such loss shall be in proportion to the period
 for the loss of the arm or leg. In the case of loss of binocular  vision
 or  of  eighty  per  centum  or more of the vision of an eye, the period
 shall be the same as for the loss of the eye.
   b. Loss of hearing. In the case of the complete loss of the hearing of
 one ear, sixty weeks; for the loss of hearing of both ears, one  hundred
 fifty weeks.
   c.  Total loss of use. In the case of permanent total loss of use of a
 member, the compensation shall be the  same  as  for  the  loss  of  the
 member.
   d.  Partial  loss  or partial loss of use. Except as above provided in
 this subdivision, in the case of permanent partial loss or loss  of  use
 of  a  member, the period shall be for the proportionate loss or loss of
 use of the member. Compensation for permanent partial loss of use of  an
 eye  shall  be  awarded  on  the  basis of uncorrected loss of vision or
 corrected loss of vision resulting from an injury which ever is greater.
   e. Disfigurement. In the case of serious facial or head disfigurement,
 including a disfigurement continuous in length which is  partly  in  the
 facial  area  and also extends into the neck region as described in this
 paragraph, the volunteer ambulance worker shall be paid in a lump sum  a
 proper  and  equitable amount, which shall be determined by the workers'
 compensation board. If the earning capacity of the  volunteer  ambulance
 S. 5436                            10
 
 worker  shall  have  been impaired, or may in the future be impaired, by
 any serious disfigurement in the  region  above  the  sterno  clavicular
 articulations  anterior to and including the region of the sterno cleido
 mastoid  muscles on either side, the volunteer ambulance worker shall be
 paid in a lump sum a proper and equitable amount which shall  be  deter-
 mined  by such board. Two or more serious disfigurements, not continuous
 in length, resulting from the same injury, if partially  in  the  facial
 area  and  partially in such neck region, shall be deemed to be a facial
 disfigurement. An award, or the aggregate of the awards, to a  volunteer
 ambulance  worker  under  this paragraph shall not exceed [twenty] FORTY
 thousand dollars.
   f. Total or partial loss or loss of use of more than  one  member.  In
 any  case in which there shall be a loss or loss of use of more than one
 member or parts of more than one member set forth above in paragraphs  a
 to  e,  both inclusive, of this subdivision, but not amounting to perma-
 nent total disability, the periods for loss or loss of use of each  such
 member or part thereof shall run consecutively.
   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; PROVIDED FURTHER THAT WHEN A VOLUNTEER AMBULANCE WORKER
 IS INJURED IN THE LINE OF DUTY  ON OR AFTER MARCH  FIRST,  TWO  THOUSAND
 TWENTY-THREE  SUCH  AMBULANCE WORKER SHALL BE PAID EIGHT HUNDRED DOLLARS
 FOR EACH WEEK DURING THE CONTINUANCE THEREOF.
   (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
 S. 5436                            11
 
 THE VOLUNTEER AMBULANCE WORKER IS INJURED IN THE  LINE  OF  DUTY  ON  OR
 AFTER MARCH FIRST, TWO THOUSAND TWENTY-THREE, 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] SIXTY 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.
   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.
   §  8.  Section  11 of the volunteer ambulance workers' benefit law, as
 amended by chapter 604 of the laws of 1989,  subdivisions  1  and  2  as
 amended  by  chapter  924  of  the  laws  of 1990, is amended to read as
 follows:
   § 11. Temporary partial disability benefits. In the case of  temporary
 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, 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 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; PROVIDED FURTHER THAT WHEN A VOLUNTEER AMBULANCE WORKER
 IS INJURED IN THE LINE OF DUTY ON OR AFTER  MARCH  FIRST,  TWO  THOUSAND
 TWENTY-THREE  SUCH  AMBULANCE WORKER SHALL BE PAID EIGHT 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
 S. 5436                            12
 
 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 MARCH FIRST, TWO THOUSAND TWENTY-THREE, 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 or she  shall  be
 paid [thirty] SIXTY 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.
   Temporary partial disability, within  the  meaning  of  this  section,
 shall  exist  only  if  the  earning capacity of the volunteer ambulance
 worker has been temporarily 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.
   § 9. This act shall take effect immediately.

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Senate Bill S5436

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2023-S5436 (ACTIVE) - Details

2023-S5436 (ACTIVE) - Summary

2023-S5436 (ACTIVE) - Sponsor Memo

2023-S5436 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5436

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Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

co-Sponsors

2023-S5436 (ACTIVE) - Details

2023-S5436 (ACTIVE) - Summary

2023-S5436 (ACTIVE) - Sponsor Memo

2023-S5436 (ACTIVE) - Bill Text download pdf

Comments