S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1390
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced by M. of A. PAULIN, ABINANTI, JAFFEE -- Multi-Sponsored by --
         M.  of  A. ROBERTS -- read once and referred to the Committee on Local
         Governments
       AN ACT to  amend  the  volunteer  ambulance  workers'  benefit  law,  in
         relation to increasing disability benefit levels
         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 ambulance workers' benefit law,
    2  as amended by chapter 574 of the laws of 1998, is  amended  to  read  as
    3  follows:
    4    S  8.  Permanent total disability benefits. In the case of total disa-
    5  bility adjudged to be permanent the volunteer ambulance worker shall  be
    6  paid  [four]  EIGHT hundred dollars for each week during the continuance
    7  thereof. Permanent total disability, within the meaning of this section,
    8  shall exist only if the earning  capacity  of  the  volunteer  ambulance
    9  worker  has been lost permanently and totally as the result of the inju-
   10  ry. The loss of both hands, or both arms, or both feet, or both legs, or
   11  both eyes, or any two thereof, shall, in the absence of conclusive proof
   12  to 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 ambulance worker disabled due to  the  loss  or  total
   16  loss  of use of both eyes, or both hands, or both arms, or both feet, or
   17  both legs, or any two thereof shall not suffer any  diminution  of  such
   18  weekly benefit by engaging in business or employment provided his or her
   19  weekly  earnings  or  wages, when combined with his weekly benefit shall
   20  not be in excess of six hundred dollars; and further provided  that  the
   21  application  of  this  section shall not result in reduction of benefits
   22  which an injured volunteer ambulance worker who is disabled due  to  the
   23  loss  or total loss of use of both eyes, or both hands, or both arms, or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04989-02-5
       A. 1390                             2
    1  both feet, or both legs, or any two thereof would otherwise be  entitled
    2  to under any other provisions of this article.
    3    S  2.  Section  9  of the volunteer ambulance workers' benefit law, as
    4  amended by chapter 924 of the laws  of  1990,  is  amended  to  read  as
    5  follows:
    6    S 9. Temporary  total  disability  benefits.  In the case of temporary
    7  total disability the volunteer ambulance worker shall  be  paid  [three]
    8  EIGHT  hundred  dollars  for  each week during the continuance thereof[;
    9  provided, however, that when the volunteer ambulance worker  is  injured
   10  in  the  line  of duty on or after the effective date of this chapter to
   11  June thirtieth, nineteen hundred ninety; further provided, that when the
   12  volunteer ambulance worker is injured in the line of duty  on  or  after
   13  July  first, nineteen hundred ninety to June thirtieth, nineteen hundred
   14  ninety-one, said ambulance worker  shall  receive  three  hundred  forty
   15  dollars  per  week during the continuance thereof, and further provided,
   16  that when a volunteer ambulance worker is injured in the line of duty on
   17  or after July first, nineteen  hundred  ninety-one  to  June  thirtieth,
   18  nineteen  hundred  ninety-two, said ambulance worker shall receive three
   19  hundred fifty dollars per week during the continuance thereof;  provided
   20  further that when a volunteer ambulance worker is injured in the line of
   21  duty  on or after July first, nineteen hundred ninety-two such ambulance
   22  worker shall be paid four hundred  dollars  for  each  week  during  the
   23  continuance  thereof]. Temporary total disability, within the meaning of
   24  this section, shall exist only if the earning capacity of the  volunteer
   25  ambulance  worker has been lost temporarily and totally as the result of
   26  the injury. In case of temporary total disability and permanent  partial
   27  disability  both  resulting from the same injury, if the temporary total
   28  disability continues for a longer period than the number  of  weeks  set
   29  forth in the following schedule, the period of temporary total disabili-
   30  ty  in  excess  of  such  number  of  weeks shall be added to the period
   31  provided in section ten of this chapter:  arm,  thirty-two  weeks;  leg,
   32  forty  weeks; hand, thirty-two weeks; foot, thirty-two weeks; ear, twen-
   33  ty-five weeks;  eye,  twenty  weeks;  thumb,  twenty-four  weeks;  first
   34  finger,  eighteen  weeks; great toe, twelve weeks; second finger, twelve
   35  weeks; third finger, eight weeks, fourth finger, eight weeks; toe  other
   36  than  great  toe,  eight weeks. In any case resulting in loss or partial
   37  loss of use of arm, leg, hand, foot, ear, eye,  thumb,  finger  or  toe,
   38  where  the temporary total disability does not extend beyond the periods
   39  above mentioned for such injury, benefits shall be limited to the sched-
   40  ule contained in section ten of this chapter.
   41    S 3. The opening paragraph and subparagraph 1 of paragraph g of subdi-
   42  vision 1 of section 10 of the volunteer ambulance workers' benefit  law,
   43  the  opening  paragraph as amended by chapter 21 of the laws of 1991 and
   44  subparagraph 1 as amended by chapter  924  of  the  laws  of  1990,  are
   45  amended to read as follows:
   46    In the case of disability partial in character, but permanent in qual-
   47  ity,  the  volunteer ambulance worker, injured in the line of duty shall
   48  be paid [one hundred fifty dollars for each week for the  period  speci-
   49  fied  in  this  subdivision,  provided, however, that when the volunteer
   50  ambulance worker is injured in the line of duty on or after  the  effec-
   51  tive  date  of  this  chapter  to and including June thirtieth, nineteen
   52  hundred ninety, and provided further that when the  volunteer  ambulance
   53  worker  is  injured in the line of duty on or after July first, nineteen
   54  hundred ninety to and including June thirtieth, nineteen  hundred  nine-
   55  ty-one  such payments shall be two hundred eighty dollars for each week,
   56  and provided further that when the volunteer ambulance worker is injured
       A. 1390                             3
    1  in the line of duty on or after July first, nineteen hundred  ninety-one
    2  to  and  including  June  thirtieth,  nineteen  hundred  ninety-two such
    3  payments shall be  three  hundred  fifty  dollars  for  each  week;  and
    4  provided  further that when the volunteer ambulance worker is injured in
    5  the line of duty on or after July  first,  nineteen  hundred  ninety-two
    6  such  payments  shall  be  four]  EIGHT hundred dollars for each week as
    7  follows:
    8    (1) If the percentage of loss of earning capacity is seventy-five  per
    9  centum,  or  greater, he or she shall be paid [one hundred fifty dollars
   10  for each week, provided, however, that the volunteer ambulance worker is
   11  injured in the line of duty on or after the effective date of this chap-
   12  ter to and including June thirtieth, nineteen hundred ninety,  provided,
   13  however, that when the volunteer ambulance worker is injured in the line
   14  of duty on or after July first, nineteen hundred ninety to and including
   15  June  thirtieth,  nineteen  hundred ninety-one such payment shall be two
   16  hundred eighty dollars for each week, and provided further that when the
   17  volunteer ambulance worker is injured in the line of duty  on  or  after
   18  July first, nineteen hundred ninety-one to and including June thirtieth,
   19  nineteen  hundred  ninety-two  such payment shall be three hundred fifty
   20  dollars for each week; and provided  further  that  when  the  volunteer
   21  ambulance  worker is injured in the line of duty on or after July first,
   22  nineteen hundred ninety-two such payments shall be four]  EIGHT  hundred
   23  dollars for each week.
   24    S  4.  Subdivision 1 of section 11 of the volunteer ambulance workers'
   25  benefit law, as amended by chapter 924 of the laws of 1990,  is  amended
   26  to read as follows:
   27    1.  If  the percentage of loss of earning capacity is seventy-five per
   28  centum, or greater, he or she shall be paid [one hundred  fifty  dollars
   29  for each week, provided, however, that the volunteer ambulance worker is
   30  injured in the line of duty on or after the effective date of this chap-
   31  ter  to and including June thirtieth, nineteen hundred ninety, provided,
   32  however, that when the volunteer ambulance worker is injured in the line
   33  of duty on or after July first, nineteen hundred ninety to and including
   34  June thirtieth, nineteen hundred ninety-one, such payment shall  be  two
   35  hundred  eighty  dollars for each week, provided, however, that when the
   36  volunteer ambulance worker is injured in the line of duty  on  or  after
   37  July first, nineteen hundred ninety-one to and including June thirtieth,
   38  nineteen  hundred  ninety-two, such payment shall be three hundred fifty
   39  dollars for each week; and provided  further  that  when  the  volunteer
   40  ambulance  worker is injured in the line of duty on or after July first,
   41  nineteen hundred ninety-two such payments shall be four]  EIGHT  hundred
   42  dollars for each week.
   43    S  5.  This act shall take effect on the first of July next succeeding
   44  the date on which it shall have become a law  and  shall  apply  by  its
   45  terms  to benefits paid for all weekly benefit periods which occur after
   46  its effective date.