S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2537
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 21, 2025
                                ___________
 
 Introduced  by  Sens.  RAMOS, BRISPORT, JACKSON, MAYER -- 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] SUCH EMPLOYEE'S compensation by
 engaging in business or employment provided [his] SUCH EMPLOYEE'S  earn-
 ings  or  wages,  when combined with [his] SUCH EMPLOYEE'S 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] SUCH EMPLOYEE'S earnings or wages, shall equal the wage base;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06065-01-5
              

 S. 2537                             2
 
 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 thereof,
 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.