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A05991 Summary:

BILL NOA05991
 
SAME ASSAME AS S05436
 
SPONSORMcMahon
 
COSPNSRGunther, Buttenschon, Colton, Taylor, Santabarbara, Simon, Sillitti, Stern, Jackson, Jones, Brabenec, Conrad, Eachus, Bendett, Beephan, McGowan, Simpson, Burdick, Seawright, Blumencranz, Flood, Levenberg, Zebrowski, Shimsky
 
MLTSPNSR
 
Amd §§8, 9, 10 & 11, Vol Ffs Ben L; amd §§8, 9, 10 & 11, Vol Amb Wkr Ben L
 
Increases benefits for volunteer firefighters and volunteer ambulance workers.
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A05991 Actions:

BILL NOA05991
 
03/30/2023referred to local governments
01/03/2024referred to local governments
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A05991 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5991
 
SPONSOR: McMahon
  TITLE OF BILL: 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   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to update the disability. benefits afforded to volunteer fire and ambulance workers   SUMMARY OF PROVISIONS: Section 1. amends section 8 of the volunteer firefighters' benefit law to provide an increase in permanent disability benefits to twelve hundred dollars per week from the current six hundred dollars. Section 2. amends section 9 of the volunteer firefighters' benefit law to provide an increase in temporary total disability benefits to eight hundred dollars per week from the current four hundred dollars. Section 3. amends section 10 of the volunteer firefighters' benefit law to provide an increase in permanent partial disability benefits to eight hundred dollars per week from the current four hundred dollars. Further, this section increases the maximum compensation for disfigurement to forty thousand from twenty thousand. Additionally, this section increases thresholds for varying levels of earning loss. Section 4. amends section 11 of the volunteer firefighters' benefit law to provide an increase in the maximum compensation when lost earnings capacity is seventy-five percent or greater to eight hundred dollars per week from four hundred dollars. Section 5. amends section 8 of the volunteer ambulance workers' benefit law to provide an increase in permanent disability benefits to twelve hundred dollars per week from the current six hundred dollars. Section 6. amends section 9 of the volunteer ambulance workers' benefit law to provide an increase in temporary total disability benefits to eight hundred dollars per week from the current four hundred dollars. Section 7. amends section 10 of the volunteer ambulance workers' benefit law to provide an increase in permanent partial disability benefits to eight hundred dollars per week from the current four hundred dollars. Further, this section increases the maximum compensation for disfigure- ment to forty thousand from twenty thousand. Additionally, this section increases thresholds for varying levels of potential earning loss. Section 8. amends section 11 of the volunteer ambulance workers' benefit law to provide an increase in the maximum compensation when lost earn- ings capacity is seventy-five percent or greater to eight hundred dollars per week from four hundred dollars. Section 9. is the enacting clause.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Click here to enter text.   JUSTIFICATION: Volunteer fire and ambulance personnel take on great risk to themselves in performing their duties, which includes various activities such as running into burning buildings, responding to natural disasters, and addressing pandemic response. These men and women have volunteered to execute their duties without pay in spite of the danger it presents to their person, career, and families. When the risk of injury becomes reality, the volunteer benefits law is there to provide aid in the form of healthcare, compensation for lost wages, and other considerations. Knowing these benefits are there to provide for them and their families offers volunteer first responders piece of mind. However, it has been quite some time since these benefits have been increased, in most cases compensation thresholds were last updated in the 1990s, this leaves these important benefits woefully inadequate. This legislation seeks to increase these benefits in order to be more appropriate for the current times.   PRIOR LEGISLATIVE HISTORY: Senate 2021-2022: S1340, REFERRED TO LOCAL GOVERNMENT Assembly 2021-2022: A3597, Referred to local governments   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A05991 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5991
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 30, 2023
                                       ___________
 
        Introduced  by  M.  of A. McMAHON, GUNTHER, BUTTENSCHON, COLTON, TAYLOR,
          SANTABARBARA, SIMON, SILLITTI, STERN, JACKSON, JONES, BRABENEC, CONRAD
          -- read once and referred to the Committee on Local Governments
 
        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.
                                                                   LBD05826-01-3

        A. 5991                             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  period

        A. 5991                             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 ................................................................ 312

        A. 5991                             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 a

        A. 5991                             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  of

        A. 5991                             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,

        A. 5991                             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:

        A. 5991                             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, nineteen

        A. 5991                             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  ambulance

        A. 5991                            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 when

        A. 5991                            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 two

        A. 5991                            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.
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