S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4509
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by  Sens. RAMOS, WEBB -- 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  providing
   the  carrier or employer a credit against permanent partial disability
   benefits for temporary partial disability payments made in  excess  of
   130 weeks
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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:
   w. Other cases. 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]  SUCH  EMPLOYEE'S  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  demonstrate ongoing attachment to the
 labor market, but subject to  reconsideration  of  the  degree  of  such
 impairment  by  the  board  on its own motion or upon application of any
 party in interest however, all compensation 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03452-01-5
              

 S. 4509                             2
 
 weeks  in  cases  in  which the loss of wage-earning capacity is greater
 than seventy-five percent but not more than eighty  percent;  (vi)  four
 hundred  weeks  in  cases  in which the loss of wage-earning capacity is
 greater  than  seventy  percent  but not more than seventy-five percent;
 (vii) three hundred seventy-five weeks in cases in  which  the  loss  of
 wage-earning  capacity  is  greater than sixty percent but not more than
 seventy percent; (viii) three hundred fifty weeks in cases in which  the
 loss of wage-earning capacity is greater than fifty percent but not more
 than  sixty percent; (ix) three hundred weeks in cases in which the loss
 of wage-earning capacity is greater than forty percent but not more than
 fifty percent; (x) two hundred seventy-five weeks in cases in which  the
 loss  of  wage-earning  capacity  is greater than thirty percent but not
 more than forty percent; (xi) two hundred fifty weeks in cases in  which
 the  loss  of  wage-earning capacity is greater than fifteen percent but
 not more than thirty percent; and (xii) two hundred twenty-five weeks in
 cases in which the loss of wage-earning capacity is fifteen  percent  or
 less.  For  a  claimant with a date of accident or disablement after the
 effective date of the chapter of the laws of  two  thousand  [seventeen]
 TWENTY-FIVE that amended this subdivision, where the carrier or employer
 has [provided] PAID ONE HUNDRED THIRTY WEEKS OF compensation pursuant to
 subdivision  five  of this section [beyond one hundred thirty weeks from
 the date of accident or disablement],  all  subsequent  weeks  in  which
 compensation  was  paid  SOLELY  PURSUANT  TO  SUBDIVISION FIVE shall be
 considered to be benefit weeks for purposes of this  section,  with  the
 carrier  or  employer  receiving  credit  for  all such subsequent weeks
 against the amount of maximum benefit weeks when permanent partial disa-
 bility under this section is determined. In the  event  of  payment  for
 intermittent  temporary partial disability paid after one hundred thirty
 weeks from the date of accident  or  disablement,  such  time  shall  be
 reduced to a number of weeks, for which the carrier will receive a cred-
 it  against  the  maximum  benefit  weeks. For a claimant with a date of
 accident or disablement after the effective date of the chapter  of  the
 laws  of two thousand [seventeen] TWENTY-FIVE that amended this subdivi-
 sion, when permanency is at issue, and a claimant has submitted  medical
 evidence  that  [he  or  she]  SUCH  CLAIMANT  is not at maximum medical
 improvement, [and the carrier has  produced  or  has  had  a  reasonable
 opportunity  to  produce  an  independent medical examination concerning
 maximum medical improvement,] and the  board  has  determined  that  the
 claimant  is  not  yet at maximum medical improvement, the carrier shall
 not receive a credit for benefit weeks  prior  to  a  finding  that  the
 claimant  has  reached  maximum  medical improvement[, at which time the
 carrier shall receive credit for any weeks of temporary disability  paid
 to claimant after such finding against the maximum benefit weeks awarded
 under  this  subdivision]. For those claimants classified as permanently
 partially disabled who no longer receive indemnity payments because they
 have surpassed their number of  maximum  benefit  weeks,  the  following
 provisions will apply:
   (1)  There  will be a presumption that medical services shall continue
 notwithstanding the completion of the time period for  compensation  set
 forth  in this section and the burden of going forward and the burden of
 proof will lie with the carrier, self-insured employer or  state  insur-
 ance  fund in any application before the board to discontinue or suspend
 such services. Medical services will continue during the pendency of any
 such application and any appeals thereto.
   (2) The board is directed to promulgate regulations that establish  an
 independent  review  and  appeal  by  an  outside agent or entity of the
 S. 4509                             3
 
 board's choosing of any  administrative  law  judge's  determination  to
 discontinue  or suspend medical services before a final determination of
 the board.
   § 2. This act shall take effect immediately.