What's happening
This bill amends workers' compensation law to recognize federal social security disability approval as evidence of permanent total disability from a compensable injury or disease.
Why it matters
Streamlines the process for injured workers. By recognizing federal Social Security Disability (SSD) approval as evidence of permanent total disability, the bill could make it easier and faster for workers to qualify for full workers’ compensation benefits without having to prove their disability again at the state level.
Reduces administrative burden and legal disputes. This change may decrease the number of contested cases and appeals in the workers’ compensation system, since SSD approval would serve as strong presumptive evidence, potentially leading to fewer hearings and less litigation.
Potentially increases access to benefits for severely disabled workers. Injured or sick workers who have already undergone the rigorous federal SSD review process may have an easier time accessing state benefits, ensuring they are financially supported after a life-altering injury or illness.
Aligns state and federal disability standards in certain cases. The bill helps harmonize definitions and determinations between state workers’ compensation and federal SSD programs, possibly reducing confusion and conflicting rulings for claimants.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Expand Disability Benefits Eligibility
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 583a
- Amend and recommit to labor
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Disability Benefit Eligibility
In Assembly Committee · Labor · Sponsor Michael Benedetto
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
583--A
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to permanent total disability
The People of the State of New York, represented in Senate and Assembly, 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 approval for federal social security disability benefits as a result of the compensable accident or occupational disease shall, in the absence of conclusive proof to the contrary, 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 or her compensation by engaging in business or employment provided his or her earnings or wages, when combined with his or her 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 compen-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00079-02-8
S. 583--A 2
sation shall be diminished to an amount which, together with his or her earnings or wages, shall equal the wage base; and further provided that the application of this subdivision shall not 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.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the workers' compensation law, in relation to permanent total disability
Purpose or general idea of bill
This bill will create a presumption of permanent total disability for claimants who are found eligible for federal social security disability benefits.
Summary of specific provisions
Section one of the bill amends § 15(1) of the workers' compensation law to allow claimants who are approved for social security disability bene- fits to be considered permanently totally disabled in the absence of conclusive proof to the contrary.
Justification
Workers who are injured or become ill on the job often apply for federal social security disability benefits after suffering such a condition. The federal eligibility standard for these benefits is that the claimant is "unable to engage in substantial gainful activity." This standard requires that an injured worker must be unable to perform any work activity on a full-time sustained basis and is essentially considered "totally disabled" by the Social Security Administration. A claimant whose condition is severe enough to meet this disability standard should be eligible for permanent total disability benefits under the workers' compensation law.
Prior legislative history
2015-2016: S1274A 2013-2014: S76 2011-2012: S728 2009-2010: S2781 Referred to Labor 2008: A10880 Referred to Labor.
Fiscal implications
Cost savings to the State are expected, specifically due to anticipated reduction in litigation. A recent survey by the Injured Workers' Bar Association and Safety Net Reports for 2008, 2009, and 2010 demonstrate that: a) most permanently partially disabled workers are low-wage work- ers; b) there is little relationship between the Workers' Compensation Board's disability determinations and the actual employability of injured workers; and c) most permanently partially disabled workers are eligible for and ultimately received Social Security Disability bene- fits. As a result, the Board is engaging in substantial litigation over the issue of permanent partial disability without achieving rational results and while duplicating a record that has already been developed by the Social Security Administration. In fact, the 2010 safety net report found that more than two-thirds of the PPD claimants were found eligible for Social Security Disability benefits. The vast majority of these cases require testimony from the injured worker and at least two physicians. This involves considerable time and expense in order to duplicate the evidence and conclusions that were already arrived at by the Social Security disability system in at least two-thirds of the claims. It should be noted, that the rate of classification, and thus the rate of litigation, has increased substantially since 2012 due to the issuance of the Board's guidelines for determining loss of wage earning capacity and its project to accelerate the pace of classifica- tion and imposition of the PPD caps. All of these factors support the rationale behind this legislation, which is to harmonize the outcomes of the workers' compensation and Social Security disability systems, reduce litigation and achieve fundamental fairness for injured workers.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.