What's happening
This bill directs the workers' compensation board to recalculate volunteer firefighter benefits for William DuBois under current law standards.
Why it matters
Applies modern standards retroactively. The bill allows William DuBois’ benefits to be recalculated using the more generous rules in place after July 1, 1992, even though his injury occurred in 1976. This sets a rare precedent for retroactive application of current law to address perceived injustices in past cases.
Addresses hardship from outdated compensation. It acknowledges that the original benefits, based on much older standards, are now seen as inadequate due to the severity and long-term impact of DuBois' injuries, and seeks to ensure his compensation better matches his ongoing needs.
Could encourage similar claims. By singling out one individual for special legislative relief, the bill may invite calls for similar treatment from others injured under old, less generous laws, potentially impacting how exceptional circumstances are handled in the future.
Public recognition of volunteer service. The legislation highlights the state’s willingness to correct inequities for volunteer firefighters who suffer severe, life-altering injuries, potentially boosting morale and public perception of support for volunteer first responders.
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Who cares
Headline styles
Increase Firefighter Disability Benefits
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to labor
- Referred to labor
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
137
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. CAHILL -- read once and referred to the Committee on Labor
AN ACT to authorize and direct the workers' compensation board to redetermine the award of volunteer firefighter benefits to William DuBois of New Paltz, New York who was injured in the line of duty
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and declaration of intent. The legislature hereby finds that William DuBois of New Paltz, New York was severely injured on January 12, 1976 while in the line of duty as a New Paltz volunteer fire chief. While fighting a structure fire on the first floor of 8 Locust Lane in New Paltz, Mr. DuBois was crushed beneath a collapsing roof. He sustained severe spinal injuries, nerve damage throughout his body, and crushed and torn ligaments, muscles and tendons. To this day he still suffers from chronic pain and his movements are extremely limited. In 1993, he underwent corrective surgery and experienced no relief. He has been advised by orthopedic surgeons and specialists that there is no definite procedure that is guaranteed to improve his condition.
The legislature further finds that due to the exceptional nature of Mr. DuBois' injuries, the original award of volunteer firefighter disability benefits under the law as it existed at the time has become totally inadequate for the purpose for which it was intended, has resulted in hardship, and should be redetermined under present law as if Mr. DuBois sustained all of his injuries in the line of duty on or after July 1, 1992.
Accordingly, the purpose of this act is to remedy this injustice and hardship arising from special circumstances by directing the workers' compensation board to redetermine Mr. DuBois' award under the volunteer
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01899-01-9
A. 137 2
firefighters' benefit law as if he had been injured in the line of duty on or after July 1, 1992.
§ 2. Notwithstanding any contrary provision of the volunteer firefighters' benefit law or of the workers' compensation law but otherwise subject to such laws, the workers' compensation board is hereby authorized and directed to redetermine and issue forthwith its award of volunteer firefighter disability benefits to William DuBois of New Paltz, New York as if he sustained in the line of duty on or after July 1, 1992 the injuries upon which his original award was based and all subsequent injuries in any way related thereto. Such redetermined award shall include coverage of all medical and rehabilitative care rendered on or after the effective date of this act and in any way related to such injuries sustained in the line of duty on or after July 1, 1992, and shall be paid prospectively beginning with the effective date of this act. Such benefit shall be paid from the fund for reopened cases in the manner otherwise provided by law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.