Provides for cost-of-living adjustments to death benefits and increasing certain wage percentages for calculation of benefits

7 Co-sponsors

• Neil D. Breslin
• Martin Malavé Dilan
• Jeffrey D. Klein
• George Onorato
• Bill Perkins
• Diane J. Savino
• Andrea Stewart-Cousins

BILL NUMBER:S1970C

Title of bill

An act to amend the workers' compensation law, in relation to providing for cost-of-living adjustments to death benefits, increasing certain wage percentages for calculation of benefits and the frequency of required doctor visits

Purpose

Enactment of this measure would provide for cost-of-living adjustments to total disability benefits and death benefits and increasing certain wage percentages for calculations of death benefits.

Summary of provisions

Section 15 of the Worker's compensation Law, to provide, in part, that in addition to any other amount received pursuant to this article total disability benefits, a totally disabled employee entitled to benefits under this section shall be entitled to an additional allowance, to be known as a cost-of-living adjustment, which shall be paid annually.

The cost-of-living adjustment allowance shall be computed annually by the board on February first and shall be based on 67 percent of the increase in the consumer price index as for the preceding calendar year as promulgated by the US Department of Labor. other provisions are also listed for certain economic conditions. No increase shall exceed the sum of twenty dollars per week. in any year.

Section 16 of the workers' compensation law, to provide, in part, that in addition to any other amount received pursuant to this article as death benefits, a dependent of a deceased employee entitled to benefits under this section shall be entitled to an additional allowance, to be known as a cost-of-living adjustment, which shall be paid annually. The cost-of-living adjustment allowance shall be computed annually by the board on February first and shall be based on 67 percent of the increase in the consumer price index as for the preceding calendar year as promulgated by the US Department of Labor. other provisions are also listed for certain economic conditions. No increased shall exceed the sum of ten dollars per week in any year.

Section 13-a of the Workers' compensation Law requires injured workers, whether medically necessary or not, to see their medical provider every twenty-one days. This adds unneeded costs to the system. This legislation changes the requirement to sixty days unless medically necessary.

Existing law

No such provision is contained under existing law.

Justification

In 2007 the benefits of new injured or deceased workers were increased and will continue to be increased for newly injured or deceased workers every July 1st thereafter. The adjustment currently does not grant any increase from year to year for claimants. Thus totally disabled workers or dependents of deceased workers killed on the job are stuck at the benefit level that was in the law at the time of the accident.

This legislative proposal attempts to grant a cost-of-living increase for totally disabled or the dependents of deceased workers similar to legislation enacted for public sector retirees.

Total Disability and death benefit recipients have not been given an increase in benefits since July 1, 1990.

Legislative history

New Bill - 2008

Fiscal implications

Minimal.

Effective date

January 1, 2011