What's happening
This bill allows workers with temporary partial disabilities to receive compensation without needing to prove they are actively seeking work, unless wage loss is unrelated to their disability.
Why it matters
Eases the burden on injured workers. By removing the requirement to prove ongoing job search efforts, the bill aims to reduce stress and paperwork for people recovering from workplace injuries who are still partially able to work.
Speeds up and simplifies benefits access. Injured employees may receive compensation more quickly and consistently, as they no longer risk delays or denials based solely on documentation of job-hunting activities.
Shifts focus to the cause of wage loss. The amendment ensures compensation is only denied if the worker's loss of income is entirely unrelated to their disability, which could prevent unfair benefit denials and clarify the standard for eligibility.
Potential impact on employers and insurers. The change may increase the number and duration of compensation claims, affecting costs for businesses and insurance providers, while also potentially reducing administrative disputes over labor market attachment.
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Who cares
Headline styles
Ease Rules for Disabled Workers
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- 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.
Ease Disability Benefit Rules
In Assembly Committee · Labor · Sponsor Harry B. Bronson
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3234
2019-2020 Regular Sessions
IN SENATE
February 4, 2019
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the workers' compensation law, in relation to attachment to the labor market in temporary partial disability cases
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 15 of the workers' compensation law, as amended by chapter 161 of the laws of 1966, is amended to read as follows:
5. Temporary partial disability. In case of temporary partial disability resulting in decrease of earning capacity, the compensation shall be two-thirds of the difference between the injured employee's average weekly wages before the accident and his wage earning capacity after the accident in the same or other employment. Compensation under this subdivision shall be payable during the continuance of such temporary partial disability, without the necessity for the claimant to demonstrate ongoing attachment to the labor market, unless the board finds that the injured employee's loss of wages is wholly unrelated to his or her partial disability.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04768-01-9
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 attachment to the labor market in temporary partial disability cases
Purpose or general idea of bill
This would provide that a temporarily disabled claimant would not have to seek work to maintain their benefits unless the loss of wages is due to a circumstance unrelated to the injury that caused the disablement.
Summary of provisions
Amends Workers Compensation Law § 15 to provide that a temporarily partially disabled claimant would not have to seek work to maintain their benefits unless the loss of wages is due to a circumstance unre- lated to the injury that caused the disablement.
Justification
The Workers' Compensation Law provides that in cases of partial disabil- ity, "the board may in the interest of justice fix such wage earning capacity as shall be reasonable, but not in excess of seventy-five per centum of (the injured worker's) former full time actual earnings, having due regard to the nature of his injury and his physical impair- ment." (WCL § 15(5-a)). The statute recognizes that a partially disabled worker retains the ability to do some work, and provides compensation only for the loss of wage earning capacity. No compensation is payable for the wage earning capacity the worker retains. If a partially disa- bled worker returns to work, benefits are awarded based on his or her actual earnings. In the absence of a return to work, the Board must estimate the loss of wage earning capacity and award benefits according- ly (WCL § 15(5-a)). The law does not identify the circumstances in which a partially disabled worker must seek employment as a condition of receiving benefits. The lack of a statutory standard has resulted in substantial litigation before the Workers' Compensation Board and in the Courts. The issue was considered by a sharply divided Court of Appeals in Matter of Zamora v. New York Neurologic, 19 N.Y.3d 186, 970 N.E.2d 823, 947 N.Y.S.2d 788 (2012). The Court held that the Board could require non-working, partially disabled claimants to show proof of labor market attachment as a condition of receiving benefits, but established no standards. By contrast, the Unemployment Insurance Law specifically states when work must be sought as a condition of benefits and estab- lishes a statutory standard for adequate attachment to the labor market (Labor Law §§ 591, 593). This bill would provide a statutory standard for labor market attachment in workers' compensation claim only when loss of wages is wholly unrelated to such injury.
Prior legislative history
Similar to: 2013-14 Sessions - S.5294 - referred to Labor Committee, reported to calendar. 2015-16 Sessions - S.2768 - referred to Labor, no significant action 2017-18 Session - S3922 - referred to Labor, no significant action
Fiscal implications
None.
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.