Bill Text: NY A08151 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that the weekly benefit which a disabled employee is entitled to receive for disability commencing on or after July 1, 2010 and prior to July 1, 2011 such benefit shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed $380; provides that on and after July 1, 2011 the benefit shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed $440.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A08151 Detail]

Download: New_York-2009-A08151-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8151
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 6, 2009
                                      ___________
       Introduced  by M. of A. NOLAN -- read once and referred to the Committee
         on Labor
       AN ACT to amend the workers' compensation law, in relation to increasing
         the maximum weekly benefit payable to a disabled employee
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 2 of section 204 of the workers' compensation
    2  law, as amended by chapter 38 of the laws of 1989, is amended to read as
    3  follows:
    4    2.  THE WEEKLY BENEFIT WHICH THE  DISABLED  EMPLOYEE  IS  ENTITLED  TO
    5  RECEIVE  FOR DISABILITY COMMENCING (I) ON OR AFTER JULY FIRST, TWO THOU-
    6  SAND TEN AND PRIOR TO JULY FIRST, TWO THOUSAND ELEVEN SHALL BE  ONE-HALF
    7  OF  THE EMPLOYEE'S WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED
    8  THREE HUNDRED EIGHTY DOLLARS, AND (II) ON OR AFTER JULY FIRST, TWO THOU-
    9  SAND ELEVEN SHALL BE ONE-HALF OF THE EMPLOYEE'S WEEKLY WAGE, BUT  IN  NO
   10  CASE  SHALL  SUCH BENEFIT EXCEED FOUR HUNDRED FORTY DOLLARS; EXCEPT THAT
   11  IF THE EMPLOYEE'S AVERAGE WEEKLY WAGE IS LESS THAN TWENTY  DOLLARS,  THE
   12  BENEFIT  SHALL BE SUCH AVERAGE WEEKLY WAGE. The weekly benefit which the
   13  disabled employee is entitled to receive for disability commencing on or
   14  after May first, nineteen hundred eighty-nine shall be one-half  of  the
   15  employee's  weekly  wage,  but  in no case shall such benefit exceed one
   16  hundred seventy dollars; except that if the  employee's  average  weekly
   17  wage  is  less  than  twenty  dollars, the benefit shall be such average
   18  weekly wage. The weekly benefit which the disabled employee is  entitled
   19  to  receive  for  disability commencing on or after July first, nineteen
   20  hundred eighty-four shall be one-half of the employee's weekly wage, but
   21  in no case shall such benefit exceed  one  hundred  forty-five  dollars;
   22  except  that  if  the employee's average weekly wage is less than twenty
   23  dollars, the benefit shall be such average weekly wage. The weekly bene-
   24  fit which the disabled employee is entitled to  receive  for  disability
   25  commencing  on  or  after  July first, nineteen hundred eighty-three and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11034-01-9
       A. 8151                             2
    1  prior to July first, nineteen hundred eighty-four shall be  one-half  of
    2  the  employee's  average  weekly wage, but in no case shall such benefit
    3  exceed one hundred thirty-five dollars nor be less than twenty  dollars;
    4  except  that  if  the employee's average weekly wage is less than twenty
    5  dollars the benefit shall be such average weekly wage. The weekly  bene-
    6  fit  which  the  disabled employee is entitled to receive for disability
    7  commencing on or after July first, nineteen  hundred  seventy-four,  and
    8  prior to July first, nineteen hundred eighty-three, shall be one-half of
    9  the  employee's  average  weekly wage, but in no case shall such benefit
   10  exceed ninety-five dollars nor be less than twenty dollars; except  that
   11  if  the  employee's average weekly wage is less than twenty dollars, the
   12  benefit shall be such average weekly wage. The weekly benefit which  the
   13  disabled employee is entitled to receive for disability commencing on or
   14  after  July  first,  nineteen  hundred  seventy and prior to July first,
   15  nineteen hundred seventy-four shall be one-half of the employee's  aver-
   16  age  weekly  wage, but in no case shall such benefit exceed seventy-five
   17  dollars nor be less than twenty dollars; except that if  the  employee's
   18  average  weekly  wage  is  less than twenty dollars the benefit shall be
   19  such average weekly wage.  For any period of disability less than a full
   20  week, the benefits payable shall be calculated by  dividing  the  weekly
   21  benefit  by  the  number of the employee's normal work days per week and
   22  multiplying the quotient by the number of normal work days in such peri-
   23  od of disability. The weekly benefit for  a  disabled  employee  who  is
   24  concurrently  eligible  for  benefits in the employment of more than one
   25  covered employer shall, within the maximum and minimum herein  provided,
   26  be one-half of the total of the employee's average weekly wages received
   27  from  all  such covered employers, and shall be allocated in the propor-
   28  tion of their respective average weekly wage payments.
   29    S 2. This act shall take effect immediately.