Bill Text: NY S05436 | 2023-2024 | General Assembly | Introduced
Bill Title: Increases benefits for volunteer firefighters and volunteer ambulance workers.
Spectrum: Slight Partisan Bill (Democrat 11-7)
Status: (Introduced) 2024-01-03 - REFERRED TO LOCAL GOVERNMENT [S05436 Detail]
Download: New_York-2023-S05436-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5436 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Section 8 of the volunteer firefighters' benefit law, as 2 amended by chapter 401 of the laws of 2016, is amended to read as 3 follows: 4 § 8. Permanent total disability benefits. In the case of total disa- 5 bility adjudged to be permanent the volunteer firefighter shall be paid 6 [six] twelve hundred dollars for each week during the continuance there- 7 of. Permanent total disability, within the meaning of this section, 8 shall exist only if the earning capacity of the volunteer firefighter 9 has been lost permanently and totally as the result of the injury. The 10 loss of both hands, or both arms, or both feet, or both legs, or both 11 eyes, or any two thereof, shall, in the absence of conclusive proof to 12 the contrary, constitute permanent total disability, but in all other 13 cases permanent total disability shall be determined in accordance with 14 the facts. Notwithstanding any other provisions of this chapter, an 15 injured volunteer firefighter disabled due to the loss or total loss of 16 use of both eyes, or both hands, or both arms, or both feet, or both 17 legs, or any two thereof shall not suffer any diminution of such weekly 18 benefit by engaging in business or employment provided his or her weekly 19 earnings or wages, when combined with his or her weekly benefit shall 20 not be in excess of [eight] sixteen hundred dollars; and further 21 provided that the application of this section shall not result in 22 reduction of benefits which an injured volunteer firefighter who is 23 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. LBD05826-01-3S. 5436 2 1 hands, or both arms, or both feet, or both legs, or any two thereof 2 would otherwise be entitled to under any other provisions of this arti- 3 cle. 4 § 2. Section 9 of the volunteer firefighters' benefit law, as amended 5 by chapter 523 of the laws of 2021, is amended to read as follows: 6 § 9. Temporary total disability benefits. In the case of temporary 7 total disability the volunteer firefighter shall be paid one hundred 8 twenty-five dollars for each week during the continuance thereof; 9 provided, however, that when the volunteer firefighter is injured in the 10 line of duty on or after July first, nineteen hundred seventy-eight to 11 December thirty-first, nineteen hundred seventy-eight, said firefighter 12 shall receive one hundred eighty dollars per week during the continuance 13 thereof; and further provided, that when the volunteer firefighter is 14 injured in the line of duty on or after January first, nineteen hundred 15 seventy-nine to June thirtieth, nineteen hundred eighty-three, said 16 firefighter shall receive two hundred fifteen dollars per week during 17 the continuance thereof; and further provided, that when the volunteer 18 firefighter is injured in the line of duty on or after July first, nine- 19 teen hundred eighty-three to June thirtieth, nineteen hundred eighty- 20 four, said firefighter shall receive two hundred fifty-five dollars per 21 week during the continuance thereof; and further provided, that when the 22 volunteer firefighter is injured in the line of duty on or after July 23 first, nineteen hundred eighty-four to June thirtieth, nineteen hundred 24 eighty-five, said firefighter shall receive two hundred seventy-five 25 dollars per week during the continuance thereof; and further provided, 26 that when the volunteer firefighter is injured in the line of duty on or 27 after July first, nineteen hundred eighty-five to June thirtieth, nine- 28 teen hundred ninety, said firefighter shall receive three hundred 29 dollars per week during the continuance thereof; and further provided, 30 that when the volunteer firefighter is injured in the line of duty on or 31 after July first, nineteen hundred ninety to June thirtieth, nineteen 32 hundred ninety-one, said firefighter shall receive three hundred forty 33 dollars per week during the continuance thereof; and further provided, 34 that when a volunteer firefighter is injured in the line of duty on or 35 after July first, nineteen hundred ninety-one to June thirtieth, nine- 36 teen hundred ninety-two, said firefighter shall receive three hundred 37 fifty dollars per week during the continuance thereof; and further 38 provided, that when a volunteer firefighter is injured in the line of 39 duty on or after July first, nineteen hundred ninety-two to June thirti- 40 eth, two thousand twenty-one, said firefighter shall receive four 41 hundred dollars per week during the continuance thereof; and further 42 provided, that when a volunteer firefighter is injured in the line of 43 duty on or after July first, two thousand twenty-one to June thirtieth, 44 two thousand twenty-three, said firefighter shall receive six hundred 45 fifty dollars per week during the continuance thereof; and further 46 provided, that when a volunteer firefighter is injured in the line of 47 duty on or after July first, two thousand twenty-three, such firefighter 48 shall receive eight hundred dollars per week during the continuance 49 thereof. Temporary total disability, within the meaning of this 50 section, shall exist only if the earning capacity of the volunteer fire- 51 fighter has been lost temporarily and totally as the result of the inju- 52 ry. In case of temporary total disability and permanent partial disabil- 53 ity both resulting from the same injury, if the temporary total 54 disability continues for a longer period than the number of weeks set 55 forth in the following schedule, the period of temporary total disabili- 56 ty in excess of such number of weeks shall be added to the periodS. 5436 3 1 provided in section ten of this article: arm, thirty-two weeks; leg, 2 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen- 3 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 4 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 5 weeks; third finger, eight weeks; fourth finger, eight weeks; toe other 6 than great toe, eight weeks. In any case resulting in loss or partial 7 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 8 where the temporary total disability does not extend beyond the periods 9 above mentioned for such injury, benefits shall be limited to the sched- 10 ule contained in section ten of this article. 11 § 3. Section 10 of the volunteer firefighters' benefit law, subdivi- 12 sion 1 as amended by chapter 175 of the laws of 1962, the opening para- 13 graph of subdivision 1 as amended by chapter 21 of the laws of 1991, 14 paragraph (d) of subdivision 1 as amended by chapter 604 of the laws of 15 1989, subdivision (e) of subdivision 1 and subparagraphs 1 and 2 of 16 paragraph (g) of subdivision 1 as amended by chapter 924 of the laws of 17 1990, paragraph (g) of subdivision 1 as amended by chapter 584 of the 18 laws of 1974, the opening paragraph and subparagraph 4 of paragraph (g) 19 of subdivision 1 and subdivision 3 as amended by chapter 476 of the laws 20 of 2018, is amended to read as follows: 21 § 10. Permanent partial disability benefits. 1. In the case of disa- 22 bility partial in character, but permanent in quality, the volunteer 23 firefighter shall be paid ninety-five dollars for each week for the 24 period specified in this subdivision, provided, however, that when the 25 volunteer firefighter is injured in the line of duty on or after January 26 first, nineteen hundred seventy-eight to June thirtieth, nineteen 27 hundred eighty-three, such payment shall be one hundred five dollars for 28 each week, and further provided that when a volunteer firefighter is 29 injured in the line of duty on or after July first, nineteen hundred 30 eighty-three to and including June thirtieth, nineteen hundred eighty- 31 four, such payments shall be one hundred twenty-five dollars for each 32 week and provided further that when the volunteer firefighter is injured 33 in the line of duty on or after July first, nineteen hundred eighty-four 34 to and including June thirtieth, nineteen hundred eighty-five such 35 payments shall be one hundred thirty-five dollars for each week and 36 provided further that when the volunteer firefighter is injured in the 37 line of duty on or after July first, nineteen hundred eighty-five to and 38 including June thirtieth, nineteen hundred ninety such payments shall be 39 one hundred fifty dollars for each week, and provided further that when 40 the volunteer firefighter is injured in the line of duty on or after 41 July first, nineteen hundred ninety to and including June thirtieth, 42 nineteen hundred ninety-one such payments shall be two hundred eighty 43 dollars for each week, and provided further that when the volunteer 44 firefighter is injured in the line of duty on or after July first, nine- 45 teen hundred ninety-one to and including June thirtieth, nineteen 46 hundred ninety-two such payments shall be three hundred fifty dollars 47 for each week, and provided further that when the volunteer firefighter 48 is injured in the line of duty on or after July first, nineteen hundred 49 ninety-two such payments shall be four hundred dollars for each week, 50 provided, however, that when the volunteer firefighter is injured in the 51 line of duty on or after March first, two thousand twenty-three such 52 payment shall be eight hundred dollars for each week as follows: 53 (a) Loss of member. 54 Member lost ............................................ Number of weeks 55 Arm ................................................................ 312S. 5436 4 1 Leg ................................................................ 288 2 Hand ............................................................... 244 3 Foot ............................................................... 205 4 Eye ................................................................ 160 5 Thumb ............................................................... 75 6 First finger ........................................................ 46 7 Great toe ........................................................... 38 8 Second finger ....................................................... 30 9 Third finger ........................................................ 25 10 Toe other than great toe ............................................ 16 11 Fourth finger ....................................................... 15 12 If more than one phalange of a digit shall be lost, the period shall be 13 the same as for the loss of the entire digit. If only the first phalange 14 shall be lost, the period shall be one-half the period for loss of the 15 entire digit. The period for loss or loss of use of two or more digits, 16 or one or more phalanges of two or more digits, of a hand or foot, may 17 be proportioned to the period for the loss of use of the hand or foot 18 occasioned thereby, but shall not exceed the period for the loss of a 19 hand or foot. If an arm or leg shall be amputated at or above the wrist 20 or ankle, the period for such loss shall be in proportion to the period 21 for the loss of the arm or leg. In the case of loss of binocular vision 22 or of eighty per centum or more of the vision of an eye, the period 23 shall be the same as for the loss of the eye. 24 (b) Loss of hearing. In the case of the complete loss of the hearing 25 of one ear, sixty weeks; for the loss of hearing of both ears, one 26 hundred fifty weeks. 27 (c) Total loss of use. In the case of permanent total loss of use of a 28 member, the period shall be the same as for the loss of the member. 29 (d) Partial loss or partial loss of use. Except as above provided in 30 this subdivision, in the case of permanent partial loss or loss of use 31 of a member, the period shall be for the proportionate loss or loss of 32 use of the member. Compensation for permanent partial loss of use of an 33 eye shall be awarded on the basis of uncorrected loss of vision or 34 corrected loss of vision resulting from an injury whichever is the 35 greater. 36 (e) Disfigurement. In the case of serious facial or head disfigure- 37 ment, including a disfigurement continuous in length which is partly in 38 the facial area and also extends into the neck region as described in 39 this paragraph, the volunteer firefighter shall be paid in a lump sum a 40 proper and equitable amount, which shall be determined by the workers' 41 compensation board. If the earning capacity of the volunteer firefighter 42 shall have been impaired, or may in the future be impaired, by any seri- 43 ous disfigurement in the region above the sterno clavicular artic- 44 ulations anterior to and including the region of the sterno cleido 45 mastoid muscles on either side, the volunteer firefighter shall be paid 46 in a lump sum a proper and equitable amount which shall be determined by 47 such board. Two or more serious disfigurements, not continuous in 48 length, resulting from the same injury, if partially in the facial area 49 and partially in such neck region, shall be deemed to be a facial 50 disfigurement. An award, or the aggregate of the awards, to a volunteer 51 firefighter under this paragraph shall not exceed [twenty] forty thou- 52 sand dollars. 53 (f) Total or partial loss or loss of use of more than one member. In 54 any case in which there shall be a loss or loss of use of more than one 55 member or parts of more than one member set forth above in paragraphs aS. 5436 5 1 to e, both inclusive, of this subdivision, but not amounting to perma- 2 nent total disability, the periods for loss or loss of use of each such 3 member or part thereof shall run consecutively. 4 (g) Other cases. In all other cases of permanent partial disability 5 the volunteer firefighter shall be paid for each week during the contin- 6 uance thereof, as follows: 7 1. If the percentage of loss of earning capacity is seventy-five per 8 centum, or greater, he or she shall be paid ninety-five dollars for each 9 week, provided, however, that when the volunteer firefighter is injured 10 in the line of duty on or after January first, nineteen hundred seven- 11 ty-eight to and including June thirtieth, nineteen hundred eighty-three, 12 such payment shall be one hundred five dollars for each week provided, 13 however, that when the volunteer firefighter is injured in the line of 14 duty on or after July first, nineteen hundred eighty-three to and 15 including June thirtieth, nineteen hundred eighty-four, such payment 16 shall be one hundred twenty-five dollars for each week provided, howev- 17 er, that when the volunteer firefighter is injured in the line of duty 18 on or after July first, nineteen hundred eighty-four to and including 19 June thirtieth, nineteen hundred eighty-five such payment shall be one 20 hundred thirty-five dollars for each week, provided, however, that when 21 the volunteer firefighter is injured in the line of duty on or after 22 July first, nineteen hundred eighty-five to and including June thirti- 23 eth, nineteen hundred ninety such payment shall be one hundred fifty 24 dollars for each week, provided, however, that when the volunteer fire- 25 fighter is injured in the line of duty on or after July first, nineteen 26 hundred ninety to and including June thirtieth, nineteen hundred nine- 27 ty-one such payment shall be two hundred eighty dollars for each week, 28 and provided further that when the volunteer firefighter is injured in 29 the line of duty on or after July first, nineteen hundred ninety-one to 30 and including June thirtieth, nineteen hundred ninety-two such payment 31 shall be three hundred fifty dollars for each week, and provided further 32 that when the volunteer firefighter is injured in the line of duty on or 33 after July first, nineteen hundred ninety-two such payment shall be four 34 hundred dollars for each week; provided, however, that when the volun- 35 teer firefighter is injured in the line of duty on or after March first, 36 two thousand twenty-three such payment shall be eight hundred dollars 37 for each week; 38 2. If the percentage of loss of earning capacity is fifty per centum, 39 or greater, but less than seventy-five per centum, he or she shall be 40 paid sixty-three dollars and thirty-three cents for each week, provided, 41 however, that when the volunteer firefighter is injured in the line of 42 duty on or after January first, nineteen hundred seventy-eight to and 43 including June thirtieth, nineteen hundred eighty-three, such payment 44 shall be seventy dollars for each week, provided, however, that when the 45 volunteer firefighter is injured in the line of duty on or after July 46 first, nineteen hundred eighty-three to and including June thirtieth, 47 nineteen hundred eighty-four such payment shall be eighty-three dollars 48 and thirty-three cents for each week, provided, however, that when the 49 volunteer firefighter is injured in the line of duty on or after July 50 first, nineteen hundred eighty-four, to and including June thirtieth, 51 nineteen hundred eighty-five, such payment shall be ninety dollars for 52 each week, provided, however, that when the volunteer firefighter is 53 injured in the line of duty on or after July first, nineteen hundred 54 eighty-five to and including June thirtieth, nineteen hundred ninety 55 such payment shall be one hundred dollars for each week, provided, 56 however, that when the volunteer firefighter is injured in the line ofS. 5436 6 1 duty on or after July first, nineteen hundred ninety to and including 2 June thirtieth, nineteen hundred ninety-one such payment shall be one 3 hundred eighty-six dollars and seventy-six cents for each week, 4 provided, however, that when the volunteer firefighter is injured in the 5 line of duty on or after July first, nineteen hundred ninety-one to and 6 including June thirtieth, nineteen hundred ninety-two such payment shall 7 be two hundred thirty-four dollars and fifty cents for each week, 8 provided, however, that when the volunteer firefighter is injured in the 9 line of duty on or after July first, nineteen hundred ninety-two such 10 payment shall be two hundred sixty-eight dollars for each week, 11 provided, however, that when the volunteer firefighter is injured in the 12 line of duty on or after March first, two thousand twenty-three, such 13 payment shall be five hundred thirty-six dollars for each week; 14 3. If the percentage of loss of earning capacity is twenty-five per 15 centum, or greater, but less than fifty per centum, he shall be paid 16 [thirty] sixty dollars for each week; 17 4. If the percentage of loss of earning capacity is less than twenty- 18 five per centum, he or she shall not be paid any weekly benefit. Perma- 19 nent partial disability, within the meaning of this paragraph, shall 20 exist only if the earning capacity of the volunteer firefighter has been 21 permanently and partially lost as the result of the injury. The workers' 22 compensation board shall determine the degree of such disability and 23 such board may reconsider such degree on its own motion or upon applica- 24 tion of any party in interest. 25 2. An award made to a claimant under this section shall in case of 26 death arising from causes other than the injury be payable to and for 27 the benefit of the persons following: 28 (a) If there be a surviving spouse and no child of the deceased under 29 the age of eighteen years, to such spouse. 30 (b) If there be a surviving spouse and surviving child or children of 31 the deceased under the age of eighteen years, one-half shall be payable 32 to the surviving spouse and the other half to the surviving child or 33 children. 34 (c) If there be a surviving child or children of the deceased under 35 the age of eighteen years, but no surviving spouse, then to such child 36 or children. 37 (d) If there be no surviving spouse and no surviving child or children 38 of the deceased under the age of eighteen years, then to such dependent 39 or dependents as defined in section seven of this chapter, as directed 40 by the [workmen's] workers' compensation board; and if there shall be no 41 such dependents, then to the estate of such deceased in an amount not 42 exceeding reasonable funeral expenses as provided in subdivision one of 43 section seven of this chapter, or, if there be no estate, to the person 44 or persons paying the funeral expenses of such deceased in an amount not 45 exceeding reasonable funeral expenses as provided in such subdivision 46 one. 47 3. An award for disability may be made after the death of the volun- 48 teer firefighter. 49 § 4. Subdivision 1 of section 11 of the volunteer firefighters' bene- 50 fit law, as amended by chapter 924 of the laws of 1990, is amended to 51 read as follows: 52 1. If the percentage of loss of earning capacity is seventy-five per 53 centum, or greater, he or she shall be paid ninety-five dollars for each 54 week, provided, however, that when the volunteer firefighter is injured 55 in the line of duty on or after January first, nineteen hundred seven- 56 ty-eight to and including June thirtieth, nineteen hundred eighty-three,S. 5436 7 1 such payment shall be one hundred five dollars for each week, provided, 2 however, that when the volunteer firefighter is injured in the line of 3 duty on or after July first, nineteen hundred eighty-three to and 4 including June thirtieth, nineteen hundred eighty-four, such payment 5 shall be one hundred twenty-five dollars for each week, provided, howev- 6 er, that when the volunteer firefighter is injured in the line of duty 7 on or after July first, nineteen hundred eighty-four to and including 8 June thirtieth, nineteen hundred eighty-five, such payment shall be one 9 hundred thirty-five dollars for each week, provided, however, that when 10 the volunteer firefighter is injured in the line of duty on or after 11 July first, nineteen hundred eighty-five to and including June thirti- 12 eth, nineteen hundred ninety such payment shall be one hundred fifty 13 dollars for each week, provided, however, that when the volunteer fire- 14 fighter is injured in the line of duty on or after July first, nineteen 15 hundred ninety to and including June thirtieth, nineteen hundred nine- 16 ty-one such payment shall be two hundred eighty dollars for each week, 17 provided, however, that when the volunteer firefighter is injured in the 18 line of duty on or after July first, nineteen hundred ninety-one to and 19 including June thirtieth, nineteen hundred ninety-two such payment shall 20 be three hundred fifty dollars for each week, provided, however, that 21 when the volunteer firefighter is injured in the line of duty on or 22 after July first, nineteen hundred ninety-two such payment shall be four 23 hundred dollars for each week; provided, however, that when the volun- 24 teer firefighter is injured in the line of duty on or after March first, 25 two thousand twenty-three such payment shall be eight hundred dollars 26 for each week; 27 § 5. Section 8 of the volunteer ambulance workers' benefit law, as 28 amended by chapter 401 of the laws of 2016, is amended to read as 29 follows: 30 § 8. Permanent total disability benefits. In the case of total disa- 31 bility adjudged to be permanent the volunteer ambulance worker shall be 32 paid [six] twelve hundred dollars for each week during the continuance 33 thereof. Permanent total disability, within the meaning of this section, 34 shall exist only if the earning capacity of the volunteer ambulance 35 worker has been lost permanently and totally as the result of the inju- 36 ry. The loss of both hands, or both arms, or both feet, or both legs, or 37 both eyes, or any two thereof, shall, in the absence of conclusive proof 38 to the contrary, constitute permanent total disability, but in all other 39 cases permanent total disability shall be determined in accordance with 40 the facts. Notwithstanding any other provisions of this chapter, an 41 injured volunteer ambulance worker disabled due to the loss or total 42 loss of use of both eyes, or both hands, or both arms, or both feet, or 43 both legs, or any two thereof shall not suffer any diminution of such 44 weekly benefit by engaging in business or employment provided his or her 45 weekly earnings or wages, when combined with his weekly benefit shall 46 not be in excess of [eight] sixteen hundred dollars; and further 47 provided that the application of this section shall not result in 48 reduction of benefits which an injured volunteer ambulance worker who is 49 disabled due to the loss or total loss of use of both eyes, or both 50 hands, or both arms, or both feet, or both legs, or any two thereof 51 would otherwise be entitled to under any other provisions of this arti- 52 cle. 53 § 6. Section 9 of the volunteer ambulance workers' benefit law, as 54 amended by chapter 523 of the laws of 2021, is amended to read as 55 follows:S. 5436 8 1 § 9. Temporary total disability benefits. In the case of temporary 2 total disability the volunteer ambulance worker shall be paid three 3 hundred dollars for each week during the continuance thereof; provided, 4 however, that when the volunteer ambulance worker is injured in the line 5 of duty on or after the effective date of this chapter to June thirti- 6 eth, nineteen hundred ninety; further provided, that when the volunteer 7 ambulance worker is injured in the line of duty on or after July first, 8 nineteen hundred ninety to June thirtieth, nineteen hundred ninety-one, 9 said ambulance worker shall receive three hundred forty dollars per week 10 during the continuance thereof, and further provided, that when a volun- 11 teer ambulance worker is injured in the line of duty on or after July 12 first, nineteen hundred ninety-one to June thirtieth, nineteen hundred 13 ninety-two, said ambulance worker shall receive three hundred fifty 14 dollars per week during the continuance thereof; provided further that 15 when a volunteer ambulance worker is injured in the line of duty on or 16 after July first, nineteen hundred ninety-two to June thirtieth, two 17 thousand twenty-one, such ambulance worker shall be paid four hundred 18 dollars for each week during the continuance thereof; provided further 19 that when a volunteer ambulance worker is injured in the line of duty on 20 or after July first, two thousand twenty-one to June thirtieth, two 21 thousand twenty-three such ambulance worker shall be paid six hundred 22 fifty dollars for each week during the continuance thereof; provided 23 further that when a volunteer ambulance worker is injured in the line of 24 duty on or after July first, two thousand twenty-three such ambulance 25 worker shall be paid eight hundred dollars for each week during the 26 continuance thereof. Temporary total disability, within the meaning of 27 this section, shall exist only if the earning capacity of the volunteer 28 ambulance worker has been lost temporarily and totally as the result of 29 the injury. In case of temporary total disability and permanent partial 30 disability both resulting from the same injury, if the temporary total 31 disability continues for a longer period than the number of weeks set 32 forth in the following schedule, the period of temporary total disabili- 33 ty in excess of such number of weeks shall be added to the period 34 provided in section ten of this chapter: arm, thirty-two weeks; leg, 35 forty weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen- 36 ty-five weeks; eye, twenty weeks; thumb, twenty-four weeks; first 37 finger, eighteen weeks; great toe, twelve weeks; second finger, twelve 38 weeks; third finger, eight weeks, fourth finger, eight weeks; toe other 39 than great toe, eight weeks. In any case resulting in loss or partial 40 loss of use of arm, leg, hand, foot, ear, eye, thumb, finger or toe, 41 where the temporary total disability does not extend beyond the periods 42 above mentioned for such injury, benefits shall be limited to the sched- 43 ule contained in section ten of this chapter. 44 § 7. Subdivision 1 of section 10 of the volunteer ambulance workers' 45 benefit law, as amended by chapter 604 of the laws of 1989, the opening 46 paragraph as amended by chapter 21 of the laws of 1991, paragraph e and 47 subparagraphs 1 and 2 of paragraph g as amended by chapter 924 of the 48 laws of 1990, is amended to read as follows: 49 1. In the case of disability partial in character, but permanent in 50 quality, the volunteer ambulance worker, injured in the line of duty 51 shall be paid one hundred fifty dollars for each week for the period 52 specified in this subdivision, provided, however, that when the volun- 53 teer ambulance worker is injured in the line of duty on or after the 54 effective date of this chapter to and including June thirtieth, nineteen 55 hundred ninety, and provided further that when the volunteer ambulance 56 worker is injured in the line of duty on or after July first, nineteenS. 5436 9 1 hundred ninety to and including June thirtieth, nineteen hundred nine- 2 ty-one such payments shall be two hundred eighty dollars for each week, 3 and provided further that when the volunteer ambulance worker is injured 4 in the line of duty on or after July first, nineteen hundred ninety-one 5 to and including June thirtieth, nineteen hundred ninety-two such 6 payments shall be three hundred fifty dollars for each week; and 7 provided further that when the volunteer ambulance worker is injured in 8 the line of duty on or after July first, nineteen hundred ninety-two 9 such payments shall be four hundred dollars for each week; provided 10 further that when a volunteer ambulance worker is injured in the line of 11 duty on or after March first, two thousand twenty-three such ambulance 12 worker shall be paid eight hundred dollars for each week as follows: 13 a. Loss of member. 14 Member lost Number of weeks 15 Arm ........................................................ 312 16 Leg ........................................................ 288 17 Hand ....................................................... 244 18 Foot ....................................................... 205 19 Eye ........................................................ 160 20 Thumb ...................................................... 75 21 First finger ............................................... 46 22 Great toe .................................................. 38 23 Second finger .............................................. 30 24 Third finger ............................................... 25 25 Toe other than great toe ................................... 16 26 Fourth finger .............................................. 15 27 If more than one phalange of a digit shall be lost, the period shall be 28 the same as for the loss of the entire digit. If only the first phalange 29 shall be lost, the period shall be one-half the period for loss of the 30 entire digit. The period for loss or loss of use of two or more digits, 31 or one or more phalanges of two or more digits, of a hand or foot, may 32 be proportioned to the period for the loss of use of the hand or foot 33 occasioned thereby, but shall not exceed the period for the loss of a 34 hand or foot. If an arm or leg shall be amputated at or above the wrist 35 or ankle, the period for such loss shall be in proportion to the period 36 for the loss of the arm or leg. In the case of loss of binocular vision 37 or of eighty per centum or more of the vision of an eye, the period 38 shall be the same as for the loss of the eye. 39 b. Loss of hearing. In the case of the complete loss of the hearing of 40 one ear, sixty weeks; for the loss of hearing of both ears, one hundred 41 fifty weeks. 42 c. Total loss of use. In the case of permanent total loss of use of a 43 member, the compensation shall be the same as for the loss of the 44 member. 45 d. Partial loss or partial loss of use. Except as above provided in 46 this subdivision, in the case of permanent partial loss or loss of use 47 of a member, the period shall be for the proportionate loss or loss of 48 use of the member. Compensation for permanent partial loss of use of an 49 eye shall be awarded on the basis of uncorrected loss of vision or 50 corrected loss of vision resulting from an injury which ever is greater. 51 e. Disfigurement. In the case of serious facial or head disfigurement, 52 including a disfigurement continuous in length which is partly in the 53 facial area and also extends into the neck region as described in this 54 paragraph, the volunteer ambulance worker shall be paid in a lump sum a 55 proper and equitable amount, which shall be determined by the workers' 56 compensation board. If the earning capacity of the volunteer ambulanceS. 5436 10 1 worker shall have been impaired, or may in the future be impaired, by 2 any serious disfigurement in the region above the sterno clavicular 3 articulations anterior to and including the region of the sterno cleido 4 mastoid muscles on either side, the volunteer ambulance worker shall be 5 paid in a lump sum a proper and equitable amount which shall be deter- 6 mined by such board. Two or more serious disfigurements, not continuous 7 in length, resulting from the same injury, if partially in the facial 8 area and partially in such neck region, shall be deemed to be a facial 9 disfigurement. An award, or the aggregate of the awards, to a volunteer 10 ambulance worker under this paragraph shall not exceed [twenty] forty 11 thousand dollars. 12 f. Total or partial loss or loss of use of more than one member. In 13 any case in which there shall be a loss or loss of use of more than one 14 member or parts of more than one member set forth above in paragraphs a 15 to e, both inclusive, of this subdivision, but not amounting to perma- 16 nent total disability, the periods for loss or loss of use of each such 17 member or part thereof shall run consecutively. 18 g. Other cases. In all other cases of permanent partial disability the 19 volunteer ambulance worker shall be paid for each week, during the 20 continuance thereof, as follows: 21 (1) If the percentage of loss of earning capacity is seventy-five per 22 centum, or greater, he or she shall be paid one hundred fifty dollars 23 for each week, provided, however, that the volunteer ambulance worker is 24 injured in the line of duty on or after the effective date of this chap- 25 ter to and including June thirtieth, nineteen hundred ninety, provided, 26 however, that when the volunteer ambulance worker is injured in the line 27 of duty on or after July first, nineteen hundred ninety to and including 28 June thirtieth, nineteen hundred ninety-one such payment shall be two 29 hundred eighty dollars for each week, and provided further that when the 30 volunteer ambulance worker is injured in the line of duty on or after 31 July first, nineteen hundred ninety-one to and including June thirtieth, 32 nineteen hundred ninety-two such payment shall be three hundred fifty 33 dollars for each week; and provided further that when the volunteer 34 ambulance worker is injured in the line of duty on or after July first, 35 nineteen hundred ninety-two such payments shall be four hundred dollars 36 for each week; provided further that when a volunteer ambulance worker 37 is injured in the line of duty on or after March first, two thousand 38 twenty-three such ambulance worker shall be paid eight hundred dollars 39 for each week during the continuance thereof. 40 (2) If the percentage of loss of earning capacity is fifty per centum, 41 or greater, but less than seventy-five per centum, he or she shall be 42 paid one hundred dollars for each week, provided, however, that the 43 volunteer ambulance worker is injured in the line of duty on or after 44 the effective date of this chapter to and including June thirtieth, 45 nineteen hundred ninety, provided, however, that when the volunteer 46 ambulance worker is injured in the line of duty on or after July first, 47 nineteen hundred ninety to and including June thirtieth, nineteen 48 hundred ninety-one, such payment shall be one hundred eighty-six dollars 49 and seventy-six cents for each week, provided, however, that when the 50 volunteer ambulance worker is injured in the line of duty on or after 51 July first, nineteen hundred ninety-one to and including June thirtieth, 52 nineteen hundred ninety-two, such payment shall be two hundred thirty- 53 four dollars and fifty cents for each week; provided, however, that when 54 the volunteer ambulance worker is injured in the line of duty on or 55 after July first, nineteen hundred ninety-two, such payment shall be two 56 hundred sixty-eight dollars for each week, provided, however, that whenS. 5436 11 1 the volunteer ambulance worker is injured in the line of duty on or 2 after March first, two thousand twenty-three, such payment shall be five 3 hundred thirty-six dollars for each week. 4 (3) If the percentage of loss of earning capacity is twenty-five 5 percentum, or greater, but less than fifty per centum, he or she shall 6 be paid [thirty] sixty dollars for each week. 7 (4) If the percentage of loss of earning capacity is less than twen- 8 ty-five per centum, he or she shall not be paid any weekly benefit. 9 Permanent partial disability, within the meaning of this paragraph, 10 shall exist only if the earning capacity of the volunteer ambulance 11 worker has been permanently and partially lost as the result of the 12 injury. The workers' compensation board shall determine the degree of 13 such disability and such board may reconsider such degree on its own 14 motion or upon application of any party in interest. 15 § 8. Section 11 of the volunteer ambulance workers' benefit law, as 16 amended by chapter 604 of the laws of 1989, subdivisions 1 and 2 as 17 amended by chapter 924 of the laws of 1990, is amended to read as 18 follows: 19 § 11. Temporary partial disability benefits. In the case of temporary 20 partial disability the volunteer ambulance worker shall be paid for each 21 week during the continuance thereof, as follows: 22 1. If the percentage of loss of earning capacity is seventy-five per 23 centum, or greater, he or she shall be paid one hundred fifty dollars 24 for each week, provided, however, that the volunteer ambulance worker is 25 injured in the line of duty on or after the effective date of this chap- 26 ter to and including June thirtieth, nineteen hundred ninety, provided, 27 however, that when the volunteer ambulance worker is injured in the line 28 of duty on or after July first, nineteen hundred ninety to and including 29 June thirtieth, nineteen hundred ninety-one, such payment shall be two 30 hundred eighty dollars for each week, provided, however, that when the 31 volunteer ambulance worker is injured in the line of duty on or after 32 July first, nineteen hundred ninety-one to and including June thirtieth, 33 nineteen hundred ninety-two, such payment shall be three hundred fifty 34 dollars for each week; and provided further that when the volunteer 35 ambulance worker is injured in the line of duty on or after July first, 36 nineteen hundred ninety-two such payments shall be four hundred dollars 37 for each week; provided further that when a volunteer ambulance worker 38 is injured in the line of duty on or after March first, two thousand 39 twenty-three such ambulance worker shall be paid eight hundred dollars 40 for each week. 41 2. If the percentage of loss of earning capacity is fifty per centum, 42 or greater, but less than seventy-five per centum, he or she shall be 43 paid one hundred dollars for each week, provided, however, that the 44 volunteer ambulance worker is injured in the line of duty on or after 45 the effective date of this chapter to and including June thirtieth, 46 nineteen hundred ninety, provided, however, that when the volunteer 47 ambulance worker is injured in the line of duty on or after July first, 48 nineteen hundred ninety to and including June thirtieth, nineteen 49 hundred ninety-one, such payment shall be one hundred eighty-six dollars 50 and seventy-six cents for each week, provided, however, that when the 51 volunteer ambulance worker is injured in the line of duty on or after 52 July first, nineteen hundred ninety-one to and including June thirtieth, 53 nineteen hundred ninety-two, such payment shall be two hundred thirty- 54 four dollars and fifty cents for each week; provided, however, that when 55 the volunteer ambulance worker is injured in the line of duty on or 56 after July first, nineteen hundred ninety-two, such payment shall be twoS. 5436 12 1 hundred sixty-eight dollars for each week, provided, however, that when 2 the volunteer ambulance worker is injured in the line of duty on or 3 after March first, two thousand twenty-three, such payment shall be five 4 hundred thirty-six dollars for each week. 5 3. If the percentage of loss of earning capacity is twenty-five per 6 centum, or greater, but less than fifty per centum, he or she shall be 7 paid [thirty] sixty dollars for each week. 8 4. If the percentage of loss of earning capacity is less than twenty- 9 five per centum, he or she shall not be paid any weekly benefit. 10 Temporary partial disability, within the meaning of this section, 11 shall exist only if the earning capacity of the volunteer ambulance 12 worker has been temporarily and partially lost as the result of the 13 injury. The workers' compensation board shall determine the degree of 14 such disability and such board may reconsider such degree on its own 15 motion or upon application of any party in interest. 16 § 9. This act shall take effect immediately.
