Relates to eligibility for classification as permanent total disability, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2748
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2025
                                ___________
 
 Introduced  by  M. of A. BRONSON, REYES -- read once and referred 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;
 and further provided that the application of this subdivision shall  not
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06065-01-5
 A. 2748                             2
 
 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.